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Wisconsin Recall Tag

A few years before Trump won the 2016 election, there was another effort by the left to undo the results of an election. Remember the repeated and unsuccessful efforts to remove former Wisconsin Governor Scott Walker from office?

The Gibson's Bakery massive verdict against Oberlin College has sparked incredible reader excitement, and brought many new readers to Legal Insurrection. I've spent the last week trying to absorb what is happening. The reactions to the compensatory and punitive damage verdicts remind me of only a few times in Legal Insurrection's almost 11-year history.

In our report earlier, we noted that the "Resistance" to Donald Trump is unlike anything seen in the opposition to Obama, The “Resistance” Moves Towards Violence and Intimidation as Key Tactic. The opposition to Trump is becoming increasingly violent, and explicitly seeks to drive political intimidation into personal spaces by confronting Republicans everywhere they walk, talk and eat. This total war on Trump's administration and supporters by the media, Democrats, and a vast array of well-funded leftist groups might seem like a reaction to ... Trump. That would be a myopic view. The tactics you are seeing play out nationally had a dry run.

All eyes are on Wisconsin. Before I get to today's primary, let's take a look back at one of my favorite political periods in the history of the world - the defeat of the Recall against Governor Scott Walker after over a year of protests against the public sector union collective bargaining reform bill. It was what I called Wisconsin's Long, Strange Trip, linking to our exhaustive coverage of all the crazy:
Police insurrections.  Palace guardsCatch a Senator contests.  Doctors behaving badly.  Massive national solidarity protests which weren’tIdentity theft as political theater.  Shark jumping.  Legislators who run away to other states.  Busbang bangs.  Protesters locking their heads to metal railings and pretending to walk like EgyptiansBeer attacksCanoe flotillas.  (alleged) Judicial chokeholds.  Tears falling on Che Guevara t-shirts at midnight.  Endless recalls.  And recounts.  Communications Directors making threats.   Judges who think they are legislators (well, I’ll grant you that one is common).  V-K DayHole-y warriors.  Cities namedSpeculation and Conjecture.  And the funniest blog headline so far:
First They Came For The Right To Retire After 30 Years On Full Salary With COLAs
When Walker defeated the Recall late in the evening of June 5, 2012, it was Oh what a night. That was a time when the Legal Insurrection community was more united and cohesive, and thousands of us celebrated the win with the inaugural launch of website fireworks and John Phillip Sousa music:

Time has really flown by, hasn't it? Would you believe the famous recall election that Scott Walker won in Wisconsin was three years ago? As you may recall, it was a big night at Legal Insurrection with fireworks and music on the site. Our Wisconsin Recall Tag has the history. Wisconsin first lady Tonette Walker tweeted out this reminder yesterday: Here's a great video from the Walker team to commemorate the event:

We have seen this picture before in the Wisconsin's union-induced long strange trip during the 2012 Recall Election:
Police insurrections.  Palace guardsCatch a Senator contests.  Doctors behaving badly.  Massive national solidarity protests which weren'tIdentity theft as political theater.  Shark jumping.  Legislators who run away to other states.  Bus bang bangs.  Protesters locking their heads to metal railings and pretending to walk like EgyptiansBeer attacksCanoe flotillas.  (alleged) Judicial chokeholds.  Tears falling on Che Guevara t-shirts at midnight.  Endless recalls.  And recounts.  Communications Directors making threats.   Judges who think they are legislators  (well, I'll grant you that one is common).  V-K DayHole-y warriors.  Cities named Speculation and Conjecture.  And the funniest blog headline so far:
First They Came For The Right To Retire After 30 Years On Full Salary With COLAs
The collective bargaining law that precipitated the insanity recently was upheld in its entirely by the Wisconsin Supreme Court. Now the unions are doubling (or is it tripling, at this point?) down on the get Walker meme, via WaPo:

We have written many times about the secretive John Doe proceedings in which Wisconsin prosecutors seized a wide-range of records from numerous conservative activists on the theory that it was a crime for such activists to coordinate issue advocacy with the campaign of Governor Scott Walker. In a federal lawsuit brought by two of the targets, Eric O'Keefe and Wisconsin Club for Growth (the "Club"), a federal district court judge enjoined the John Doe investigation finding, among other things, that the investigation violated the targets' constitutional free speech rights.  The court also found that the prosecutors advanced an invalid theory of criminal liability, since such coordination did not violate campaign finance laws. A state court judge earlier had made a similar finding. The John Doe investigators, who are defendants in the federal lawsuit, have appealed to the 7th Circuit Court of Appeals. O'Keefe and the Club filed their responsive appeals brief today. A copy is embedded at the bottom of this post. The brief is deep into the law, but it's the factual recitation which is riveting, detailing a prosecutorial conspiracy to sway the political process against conservatives and to undermine Walker. Here is the full Summary of Argument:
In February 2012, at the outset of a tough reelection campaign and battle for control of Congress, President Barack Obama's official campaign committee threw its support behind Priorities USA Action, a "super PAC" supporting Democratic candidates. "[T]op campaign staff and even some Cabinet members [would] appear at super PAC events," and they helped Priorities USA Action raise millions that it spent in support of Democratic candidates.[fn] Defendants launched and aggressively pursued a secret criminal investigation targeting every major right-of-center advocacy group in Wisconsin on the view that this kind of "coordination" between a candidate and supporters of his policies is illegal. They also claim the power to restrict speech on public policy issues based on an advocacy group's communications with a candidate, whether or not that speech has anything to do with that candidate's own campaign or election.

We previously wrote in detail about the “John Doe” investigation in Wisconsin targeting a wide range of conservative groups and Scott Walker supporters relating to the failed Democratic attempt to recall Walker.  See Secret probe of conservatives makes Wisconsin ground zero in First Amendment war for the details. We also noted the Big defeat for anti-conservative Wisconsin “John Doe” probe, when a judge recently quashed subpoenas. In a new development, Eric O'Keefe, one of the targets of the investigation, is demanding that the prosecutors end the probe or face a federal lawsuit (full media release embedded at bottom of post):
Eric O’Keefe, who has been identified in media reports as a target of a secret “John Doe” investigation in Wisconsin, today demanded that state prosecutors end their action against him or face a federal civil rights action. O’Keefe is director of the Wisconsin Club for Growth, which was also targeted for alleged unlawful “coordination” with Governor Scott Walker’s campaign for fiscal reforms. “This investigation is political payback by elected prosecutors against conservative activists for their political successes in Wisconsin,” stated O’Keefe. “They are violating the constitutional rights of private citizens and must be held accountable.”

We previously wrote in detail about the "John Doe" investigation in Wisconsin targeting a wide range of conservative groups and Scott Walker supporters relating to the failed Democratic attempt to recall Walker.[*]  See Secret probe of conservatives makes Wisconsin ground zero in First Amendment war for the details. Good news.  The subpoenas issued in the secret probe have been quashed in a secret court ruling uncovered by the Milwaukee Journal-Sentinel, Secret ruling deals major setback to John Doe probe into recall elections:
Prosecutors in the John Doe investigation into spending and fundraising during the raucous Wisconsin recall elections were dealt a major procedural blow Friday, according to sources. The five-county investigation remains open, but subpoenas issued in the probe to conservative political groups supporting Gov. Scott Walker were quashed, sources familiar with the development said. The ruling — which is sealed — raises First Amendment concerns about the subpoenas. The Journal Sentinel has not turned up any Democratic candidates or liberal interest groups involved in the recall elections that have been contacted by John Doe prosecutors. "The John Doe is still open," said one individual familiar with the case. But other sources said Friday's ruling seriously undercuts the well-publicized probe, launched in the summer of 2012. Those familiar with the case said the decision was handed down by retired Appeals Court Judge Gregory A. Peterson, the presiding judge in the investigation who took over the case in November.

One year ago last night Scott Walker won the recall election and Republicans kept control of the state Senate despite recall attempts. It was a long, strange trip. If you were here that night you would have experienced the camaraderie of other readers on our live...

Graeme Zielinski, Communications Director for the Wisconsin Democratic Party, was one of the key Democratic operatives behind the anti-Scott Walker intimidation campaign which we featured here so often around this time last year, Wisconsin’s long, strange trip. Zielinski stood out from the usual protest operatives because of his...

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It only took one panel discussion at Netroots to reveal just how divided the left is in its narrative over how to handle Wisconsin. Audience member Lisa Graves from The Center for Media and Democracy's PRWatch, upset with the panel's analysis of Obama's interaction with the Wisconsin...

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It surfaced today that Mahlon Mitchell, the democratic challenger to Wisconsin's Lt. Governor Rebecca Kleefisch, admitted on camera that he only got involved in politics in 2008--and it's questionable if he even voted at that time. Mitchell, who is the president of the Professional Fire Fighters...