Imagine this: Amidst a close election, a partisan government lawyer with questionable authority investigates a conservative nonprofit supporting a political candidate. The government theorizes the candidate and organization are communicating too much—”coordinating” in legal parlance. A court eventually exonerates the group finding the government’s theory onerous. But it does so only after a years-long investigation that clouds the group’s operations, impedes its fundraising efforts, and ultimately negates its ability to influence voters during the election. The above scenario indeed happened. But it was not, as the reader may suspect, the recently terminated ‘John Doe‘ investigation, which targeted Wisconsin Club for...