The Wisconsin Supreme Court has ruled that the John Doe investigations, in which Democratic district attorneys used a vague law to go on an epic fishing expedition to intimidate and threaten Republican groups in their state, must end.
It’s one of those rulings that all Americans ought to applaud, because it preserves our liberty for at least another day, at least in Wisconsin. That’s not a partisan issue, or it shouldn’t be. But of course the reactions to the ruling break down along partisan lines, although most Americans probably have never heard of it and haven’t a clue about the significance of the threat that was just averted in Wisconsin.
And just to make myself clear, I don’t mean the threat to the Scott Walker campaign. I mean the threat to liberty.
Why have most Americans not heard of this case? Well, it’s not a sexy issue, like Caitlyn Jenner’s transformation. And I don’t think it’s being covered all that heavily in the MSM. When it is covered, you get something like today’s NY Times article on the subject, which is worth studying because it’s written in such a clever manner. You could read the entire thing from beginning to end without realizing what the prosecutors actually did in the investigations, or why it was so dangerous. To the Times, this was just a case in which conservative justices decided to protect Scott Walker—or, they seem to want their readers to think that.
You can read their article yourself if you still have access to the Times. The headline is written to remind the reader that Scott Walker was somehow implicated in the investigation, “Scott Walker 2012 Campaign Inquiry Ended by Wisconsin Court,” although by most accounts he actually was not. These are the first two paragraphs:
The Wisconsin Supreme Court on Thursday ruled that a criminal investigation into allegations of coordination between conservative groups and Gov. Scott Walker’s 2012 campaign cannot continue.
The decision of the court, which was divided, ends the specter of a criminal investigation as Mr. Walker pursues the Republican nomination for president. Mr. Walker, who has won three elections for governor over the last five years including a recall challenge in 2012, officially announced his bid on Monday.
The article quotes the decision briefly (just saying that the investigation is closed because the “special prosecutor’s legal theory is unsupported in either reason or law”) but leaves out anything that would actually give the reader an idea of what happened and why. The article goes on to describe the accusations against the Walker supporters, rather than what the accusers themselves had done to the John Doe targets of the investigation—although the latter is central to the lawsuit and the ruling.
In fact, amazingly enough, the words “John Doe” are mentioned only briefly in the fairly lengthy article, and the powers given by the John Doe statute in Wisconsin are never explained, except to say that the act requires secrecy. The investigation is alluded to in extremely vague terms with no details at all, but the charges against the John Doe targets are detailed, and things like this are aired: “legal experts say they suspect that the court’s four conservatives have been asked to step aside because some of the same conservative groups involved in the case spent money in support of some of the justices’ own elections.” A reader could read the entire piece without having a clue what happened here, or why the investigations were so offensive and outrageous, or that this was a case involving issues of liberty and freedom of speech.
So let’s leave the Times behind and turn to the court ruling. You can find good summaries and discussions at Hot Air and Legal Insurrection.
This is what the court actually said:
The special prosecutor has disregarded the vital principle that in our nation and our state political speech is a fundamental right and is afforded the highest level of protection. The special prosecutor’s theories, rather than “assur[ing] [the] unfettered interchange of ideas for the bringing about of political and social changes desired by the people,” Roth, 354 U.S. at 484, instead would assure that such political speech will be investigated with paramilitary-style home invasions conducted in the pre-dawn hours and then prosecuted and punished. In short, the special prosecutor completely ignores the command that, when seeking to regulate issue advocacy groups, such regulation must be done with “narrow specificity.” Barland II, 751 F.3d at 811 (quotations omitted).
A Times reader would have no idea what the court was talking about, if he/she did ever happen to come across those words, words that the Times did not feel the need to print or even allude to: “paramilitary-style home invasions conducted in the pre-dawn hours.” And then there’s also this from the court ruling:
It is utterly clear that the special prosecutor has employed theories of law that do not exist in order to investigate citizens who were wholly innocent of any wrongdoing. In other words, the special prosecutor was the instigator of a “perfect storm” of wrongs that was visited upon the innocent Unnamed Movants and those who dared to associate with them. It is fortunate, indeed, for every other citizen of this great State who is interested in the protection of fundamental liberties that the special prosecutor chose as his targets innocent citizens who had both the will and the means to fight the unlimited resources of an unjust prosecution. Further, these brave individuals played a crucial role in presenting this court with an opportunity to re-endorse its commitment to upholding the fundamental right of each and every citizen to engage in lawful political activity and to do so free from the fear of the tyrannical retribution of arbitrary or capricious governmental prosecution. Let one point be clear: our conclusion today ends this unconstitutional John Doe investigation.
Fortunately.
[NOTE: If the Wisconsin Supreme Court had not had a majority of conservatives on the bench, it is virtually certain that the result would have been the opposite. And remember that Supreme Court justices in Wisconsin are elected. I find that interesting, because until recently Wisconsin has tended to be a blue state.]