AG SPEAKS UP: Wisconsin Attorney General Brad Schimel urged the special prosecutor of the state's unconstitutional John Doe investigation to stop his pursuits and return seized property to conservative targets.
Posted on 12/09/2015 5:07:09 AM PST by afraidfortherepublic
MADISON, Wis. - Calling a politically driven investigation into conservatives a "long, unfortunate chapter in Wisconsin’s history," state Attorney General Brad Schimel on Tuesday released a statement reiterating what the state Supreme Court definitively declared last week: The dark John Doe is dead and buried.
"The courts have unequivocally rejected the John Doe investigation, both in the manner in which it was carried out, as well as the legal arguments brought by the prosecutors. The Wisconsin Supreme Court has now ordered that the property seized be returned," Schimel, a Republican, wrote.
"For everyone involved, the special prosecutor should end the case, and the property seized from the individuals in this case should be returned immediately," Schimel wrote.
Only one problem: There is no special prosecutor anymore. The state Supreme Court in its ruling last week declared John Doe Special Prosecutor Francis’ Schmitz’s position was invalid from the inception of the secret probe, launched in August 2012 by Milwaukee County District Attorney, John Chisholm, a Democrat.
Schmitz has no authority to do anything regarding the multi-county investigation, although he has boasted that he may file a petition asking the U.S. Supreme Court to review the court ruling.
The state court has said the other prosecutors in the case may intervene, but Schimel, agreeing with multiple legal experts, said it is unlikely the U.S. Supreme Court would take the case. Even if it did, "it would more than likely uphold the Wisconsin Supreme Court decision."
While he acknowledges the targets of the probe are "understandably upset," Schimel claims his Department of Justice has no authority to represent the individual property owner in their effort to enforce the state Supreme Court's order.
The AG's statement comes after conservative targets of the probe sent Schimel a letter asking him to clarify his position in the wake of the state high court's ruling. Attorneys for those targets argue that any effort on Schmitz's part to pursue a petition of certiorari in federal court, or to otherwise engage in the process, would be in contempt of court.
"If that would occur, we would expect you to act promptly in seeking sanctions accordingly, or to join any effort to seek sanctions for contempt," the conservatives' attorneys challenged.
The state Justice Department in the state case represented John Doe presiding Judge Gregory Peterson, who in January 2014 quashed the subpoenas in the probe. He ruled that prosecutors did not have probable cause to support their theory that 29 conservative groups engaged in illegal coordination with Gov. Scott Walker's campaign during Wisconsin's spate of recall drives. The investigation included predawn, paramilitary-style raids on the homes of several conservatives.
"Given that DOJ represented the judge who first found that the John Doe proceeding was invalid, DOJ certainly has no intention of standing in the way of those orders. The Supreme Court's order should be carried out forthwith," Schimel wrote in the statement.
Part 299 of 299 in the series Wisconsin's Secret War
AG SPEAKS UP: Wisconsin Attorney General Brad Schimel urged the special prosecutor of the state's unconstitutional John Doe investigation to stop his pursuits and return seized property to conservative targets.
If only the fat lady would sing on this unfortunate piece of Wisconsin political history! Who is holding the goods? Give it back at once, FGS.
FReep Mail me if you wnat on, or off, this Wisconsin interest ping list.
G*DD*MEFFINGBASTARDSS!!!!!!!!!!!!!!!
They don’t need ‘authority to release them’, they need to know under what authority they are still being held- and since the aqnswer is none, then release everything.
Everyone involved in this travesty belongs in prison. It’s quite clear that massive civil rights violations were committed under false color of authority. That’s a Federal crime.
L
It’s not a crime if you do it to conservatives.
now, return the property, pay damages, fire Schmidz and pull his law license.
Since the Wisconsin Supreme Court has ordered the property returned, whoever has it is possessing property of another without consent. That’s theft. If the State won’t prosecute, sue civilly for punitive damages. Since the Court ruled the special prosecutor never had authority, the theft started from day 1.
I think there should be civil suits anyway. I don’t know if there is precedent for it, but all the victims should sue for harrassment, theft, whatever applies.
I *HEART* BRAD SCHIMMEL!
We are SO lucky to have this guy. Remember the days of Van Hollen? OMG!
“That’s theft. If the State won’t prosecute, sue civilly for punitive damages. Since the Court ruled the special prosecutor never had authority, the theft started from day 1.”
There are three, I think?, civil suits started so far. And if they haven’t already, those Club For Growth guys are a pretty BIG deal and will be VERY lawyered-up.
It’s going to take a while, but I believe we will see SOME justice for the victims.
The special prosecutors should go to prison.
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