Posted on 04/26/2015 4:36:19 PM PDT by markomalley
If a prosecutor wants to assure the public he’s not out of control, perhaps he shouldn’t suggest that critics could be prosecuted. On Saturday, Wisconsin governor Scott Walker commented on Milwaukee District Attorney John Chisholm’s use of armed, pre-dawned raids against conservative targets of his extraordinarily expansive “John Doe” investigations:
“I said even if you’re a liberal Democrat, you should look at (the raids) and be frightened to think that if the government can do that against people of one political persuasion, they can do it against anybody, and more often than not we need protection against the government itself,” Walker told the radio station.
“As [National Review] pointed out, there were real questions about the constitutionality of much of what they did, but it was really about people trying to intimidate people…” Walker said.
“They were looking for just about anything. As I pointed out at the time, it was largely a political witch hunt.”
As public criticism goes, this statement is mild — especially when the criticized conduct included officers swarming into homes, taunting, yelling, denying access to lawyers, barging into sleeping kids’ rooms, threatening to batter down doors, and then demanding silence from the victims. And keep in mind that not one of the women who came forward to describe these raids has ever been charged with any crimes (#WarOnWomen?) In fact, Walker’s critique is milder even than Heather Digby Parton’s at the very left Salon. She called the raids “intimidation, pure and simple.”
But Walker’s comment was apparently too much for Chisholm, who broke his own (official) silence about the John Doe investigations with this remarkable statement:
“As to defamatory remarks, I strongly suspect the Iowa criminal code, like Wisconsin’s, has provisions for intentionally making false statements intended to harm the reputation of others,” Chisholm said in a statement Saturday responding to Walker’s comments.
Francis Schmitz — a “self-described” Republican who acted as a special prosecutor in the second John Doe investigation said this:
“His description of the investigation as a ‘political witch hunt’ is offensive when he knows that the investigation was authorized by a bipartisan group of judges and is directed by a Republican special prosecutor appointed at the request of a bipartisan group of district attorneys,” Schmitz’s statement said.
He called Walker’s comments inaccurate but didn’t detail why.
“I invite the governor to join me in seeking judicial approval to lawfully release information now under seal which would be responsive to the allegations that have been made,” his statement said. “Such information, when lawfully released, will show that these recent allegations are patently false.” (Emphasis added.)
Considering it was the prosecution that launched years-long secret investigations and then placed gag orders — on pain of criminal punishment — on the targets, Schmitz’s call to “release information” is almost comical. Chisholm’s response, however, is especially revealing. The excesses of the John Doe investigations raise concerns that Wisconsin prosecutors are trying to criminalize political speech, and in response the lead prosecutor . . . threatens to criminalize political speech. As my friend Ken White at Popehat tweeted:
Exactly so. Yet if Chisholm thinks threats can deter future comment or further investigation of his actions and motivations, he’s sadly mistaken.
Wait..What? Iowa and Wisconsin have criminalized defamation? In my 26 years as a lawyer, I never heard of criminal defamation. Think of that. The government can punish you criminally for speech? Defamation has always been about a private citizen’s right, in limited circumstances, to seek CIVIL redress against another citizen for harm to his reputation. Typical cases require, among other things, showing monetary damage stemming from the defamatory communications, except in cases of libel per se, where the communication accuses the individual of having a hideous disease, sexual deviancy (is there such a thing any more?) or the commission of a crime.
Moreover, defamation suits are always considered an exception to First Amendment free speech rights, which are jealously guarded by the law. There is also a litigation privilege that applies to statements made in court or in a court proceeding (such as a deposition, etc.). Potentially, comments about the prosecutor’s behavior in these John Doe investigations is protected. Comments about public figures or matters of public interest (such as this prosecutor) are accorded a higher level of protection from suit than private matters and individuals. Finally, statements of opinion are absolutely protected.
So, where the hell is this jerk going with these mealy-mouthed threats?
There should be a John Doe investigation of that prosecutor
History has shown that God uses ordinary people to serve his plan. In the book of Daniel there is a particular prophecy which states that the children of God will do exploits. I will leave stooping to the gutter to the godless progressives, but that doesn't mean I won't enjoy witnessing their destruction.
When police don’t even do the most cursory investigations, we get cases of them hitting the “wrong house”... whatever happened to stakeouts? Stay out there in a utility van until the guy comes out to pick up the paper and then nab him in his PJ’s??
heh
Hey Chisholm, come and get ME!
I think he is the County Prosecutor for the County where The Sheriff is named Clarke. Did the prosecutor use Sheriff Clarke’s SWAT ?
Everything said about him here is true, but the best part is...he still LOST.
Is he elected or appointed?
This asshat has an address. Just sayin’.
L
LOL. Project much?
There are two nations within our borders.
There is The United States Of America and there is Democratland.
The citizens of Democratland get their money by taking it from the citizens of The United States Of America.
The citizens of Democratland will do anything, anything, to continue to be able to take money from the citizens of The United States Of America.
Fascist thug pig.
He may have used State Police SWAT. David Clarke has had some words for Chisolm.
Whatever, he needs prison.
Where the _____ was Walker while these raids were taking place??? No speeches alerting the public? No Executive Orders putting a stop to them?
Don't rein on my parade.
He didn’t know about them. Those that were harassed by this jerk were threatened into not speaking to anyone - family, friends, press, lawyers, no one.
Need to assuage your pride?
Exploits != godless conduct
Twenty years ago you could occasionally find a decent Democrat in public office. Not any more. Chisholm is the face of the Democratic Party, 2015.
"Exploits != godless conduct"
Excuse my ignorance, but I don't follow. Please explain.
Those that deny God are meant for destruction. God's word is quite clear on the matter. The righteous rejoice when evil-doers are punished. What's the big deal?
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