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.
