Boots & Sabers

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Tag: John Doe

GAB Poured Tax Money Into Doe Investigation After Judge Ordered it Stopped

Wow. Just wow.

By M.D. Kittle | Wisconsin Reporter

MADISON, Wis. – Agents for the embattled state Government Accountability Board continued a zealous campaign finance investigation into dozens of conservative groups even after judges who preside over the board voted to shut it down, according to a previously sealed brief made publicFriday.

The documents, from an updated complaint filed by conservative plaintiffs in a case against the GAB, appear to support claims that the campaign finance, ethics and election law regulator is a rogue agency. They also show that the GAB considered using the state’s John Doe law to investigate key state conservatives and even national figures, including Fox News’ Sean Hannity and WTMJ Milwaukee host Charlie Sykes.

Wisconsin Reporter also obtained some of its information from previous court documents that were supposed to have been redacted.

“What we have uncovered so far shows the Government Accountability Board, or at least its staff, being anything but ‘accountable,’” said Eddie Greim, attorney for plaintiffs in a lawsuit against the GAB. “For example, the public has learned for the first time, over GAB’s objections, that GAB set up a secret system of Gmail accounts for its staffers and the prosecutors who ran the John Doe.  We also know that GAB hoped its ‘illegal coordination’ theory could even extend to allow it to subpoena media figures like Charlie Sykes and Sean Hannity.”

[…]

The unsealed documents show GAB director and general counsel Kevin Kennedy andJonathan Becker, administrator of the agency’s ethics division, involved the accountability board in the secret probe without the approval or even knowledge of the judges. Board members were not informed of the involvement until Dec. 18, 2012, some three months after Kennedy and crew jumped on board.

And it seems Kennedy and Becker misled the board about precisely when they had “learned” of the John Doe investigation, according to a Dec. 18, 2012 memorandum.

“Since the time of the October 23, 2012 Board meeting, staff has learned that the Milwaukee District Attorney has opened another John Doe investigation,” the memo states.

Documents show GAB staff members and DAs using private Gmail accounts to talk about the investigation. Still, leadership warned of the potential that any communications could be made public.

“(T)eam members should communicate with the understanding that their communications could become public or subject to discovery at some point,” according to documents from an August 2013 meeting.

It seems that a criminal investigation may be warranted for the wanton abuse of the taxpayers’ resources in pursuit of political vendettas.

 

Reforming John Doe

Good. The abuses of this process by the Milwaukee District Attorney has shown that this needs serious reform.

Republican lawmakers are considering changes to Wisconsin’s “John Doe” law after two lengthy investigations into Gov. Scott Walker’s campaign, and aides have raised questions about how long and how widely such secret probes should go and whether they violate civil rights.

State Rep. David Craig, R-Town of Vernon, is leading the effort to write a bill that would provide “additional layers of judicial review so we don’t have prosecutions run amok.” Craig said he worries about whether the process adequately protects citizens’ rights to due process, privacy and free speech and against unreasonable searches and seizures.

Conservatives alarmed about four years of investigation into the activities of Walker and his associates — including searches of targets’ homes and businesses — will likely be joined by defense attorneys concerned about the amount of power that prosecutors hold in John Doe investigations, said Tony Cotton, president-elect of the Wisconsin Association of Criminal Defense Lawyers.

Given that Wisconsin is the only state in the union with such a process and the other 49 states get along just fine without it, the legislature should just get rid of the thing altogether. If a prosecutor has evidence to charge a person with a crime, then they can do it and all of the normal court rules apply. If the prosecutors don’t have enough evidence to bring charges, then they can move on to more productive activities. Done.

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