May 29, 2014

"Conservatives stung by talk of John Doe settlement with Scott Walker."

Headline at the Milwaukee Journal Sentinel. Text:
A legal civil war broke out Wednesday among targets of a John Doe probe, as a conservative group sought Wednesday to block prosecutors from having settlement talks with Gov. Scott Walker's campaign.

In a letter sent Wednesday, the Washington, D.C., attorney representing the Wisconsin Club for Growth and one of its directors questioned whether a special prosecutor in the case is negotiating with the GOP governor's campaign to seek concessions that the club might oppose.
Ironic, considering that the probe is over whether the Club coordinated with Walker, but maybe this is a devious ploy to make them look like they don't coordinate!
The club and its treasurer, Eric O'Keefe, filed a federal lawsuit in February against special prosecutor Francis Schmitz and others contending the secret investigation into the 2012 recall campaigns violated their rights to free speech. This month, U.S. District Judge Rudolph Randa in Milwaukee halted the probe as he considers the group's claims.
I want to see this civil suit go forward. If the prosecutors are violating rights, I want them held to account. And if they're not, I want to hear the federal courts say so. But it's more complicated than that, because it's not as if Walker could settle O'Keefe's claim. But Walker might bind himself not to associate with the Club, when in fact there was a right of association. That is, Walker could unilaterally render the Club's right to associate unusable.
"Let me be perfectly clear: a settlement that seeks, in any fashion, to further the John Doe investigation by violating Mr. O'Keefe's or the Club's speech or associational rights would be a blatant violation of the preliminary injunction," [the Club's lawyer David] Rivkin wrote to Randall Crocker, Schmitz's attorney. "Your client cannot, via settlement or other maneuvers, attempt to circumvent the injunction — at least, he cannot do so without seriously risking a judgment of contempt."
A source with knowledge of the probe confirmed to the Milwaukee Journal Sentinel on Wednesday that other conservatives caught up in the probe are worried that the attorney for the Walker campaign, Steven Biskupic, is not being aggressive enough with prosecutors and not acting in their best interests.
But Biskupic and Walker can't talk to the press and explain any of this because Wisconsin law binds those who know about the John Doe investigation to secrecy... which is pretty frustrating, since on the level of constitutional rights, this is all about freedom of speech.
The Wall Street Journal urged Walker not to engage in any possible settlement talks with prosecutors who "need a face-saving legal exit."

"Mr. Walker is facing a rough re-election fight this year, and perhaps he and his lawyers want to remove any chance of a September or October legal surprise," the editorial reads. "Mr. Walker might think he can help himself with a settlement, but he'd be letting down his allies if he did so in a way that lets the bogus theory of illegal coordination survive....Mr. Walker is a hero to many for his fight against public unions, but he will tarnish that image if he sells out the cause for some short-term re-election reassurance."

Rick Esenberg, an attorney and president of the conservative Wisconsin Institute for Law & Liberty, said he was skeptical that the Walker campaign was entertaining making significant concessions to prosecutors. Any talks would likely stem from prosecutors seeking a way to save face after the difficult rulings by Randa and Peterson, he said.
I certainly hope Esenberg is right about that.

54 comments:

garage mahal said...

Not a good week for our dull boy. He's screwed either way. Absolutely delicious.

RecChief said...

but maybe this is a devious ploy to make them look like they don't coordinate!

I would defer to Ockham's razor, or maybe Hanlon's.

RecChief said...

Absolutely delicious

So you're fine with prosecutorial misconduct?

I wonder what the taste would be if you were the subject of a John Doe [strike] fishing expedition [/strike] investigation.

David said...

Esenberg is right. That would be the end for Walker politically. He has to see it through.

Curious George said...

When this is all said and done all garage will have, like with the recall, and John Doe I, is a disgustingly soiled gym sock.

Ann Althouse said...

"Not a good week for our dull boy. He's screwed either way. Absolutely delicious."

One more reason to stand on principle.

Like your mother told you: do what's right.

Then, in the end, if you go down to defeat, you have your honor. If you win, you know you didn't win by being slimy.

Your enemies will still look like slavering hyenas, no matter what you do.

pauldar said...

I did not know crow was "Absolutely delicious" How does one cook it to keep eating it like some folks seem to be doing around here.

Matt Sablan said...

If I ever am tried for anything, I'll never take a deal for a lesser crime if I did not commit the crime. I'll fight tooth and nail every step of the way -- even if it bankrupts me.

In this case, I can't see how Walker CAN settle. Doing so will just give his opponents the ammunition to say it means the worst -- and they will. Not only that, but if he settles, it will be a "specter" that hangs over him forever. Plenty of Republican politicians have been hammered through immoral use of the courts/legal world [Christine O'Donnell's tax records being released illegally, Sarah Palin's constant legal harassment as governor, prosecutor's misconduct against Ted Stevens, etc., etc.] that you just can't compromise with the left here.

They wanted legal warfare, let them have it. No settlements.

garage mahal said...

Then, in the end, if you go down to defeat, you have your honor. If you win, you know you didn't win by being slimy.

Walker has won by being slimy going back to Marquette. That's what John Doe 1 & 2 are all about.

B said...

If the prosecutors are violating rights, I want them held to account.

You mean like disbarred or charged criminally?

Mark Nielsen said...

Hey, GM is back! Funny how he shows up with the first comment here. A lot of us are still waiting for his view (outrage, no doubt) about the recent outing of the CIA guy. What about it, Garage?

Anonymous said...

A possibility of October surprises and a certainty of conservatives staying home in Nov. Expediency or principle.

It would be the end of Walker, if he folded. Rumors would fly that Walker, knowing himself guilty, negotiated with prosecutors to stop them from digging further.

The Crack Emcee said...

Ann,

"Your enemies will still look like slavering hyenas, no matter what you do."

Slavering hyenas?

Vs. Whitebread Willy & His Band of Merry Racists?

What to do? What to do?

Popcorn,...

Farmer said...

He's "facing a rough re-election fight this year"? I thought the polls had whatshername bike lady dead in the water.

David said...

The One where Althouse calls Garage a slavering hyena.

David said...

Actually she just said he looks like a slavering hyena. She did not actually say he is one.

David said...

No microwave popcorn, Crack. The real stovetop kind.

Ann Althouse said...

"Actually she just said he looks like a slavering hyena. She did not actually say he is one."

Test the DNA in the saliva to find out.

SGT Ted said...

Secret proceedings of domestic criminal investigations involving political activity are totalitarian and should be illegal.

President-Mom-Jeans said...

I think hyena's are generally pretty lean.

I think she was referring to Garage in the ice eating thread, when she was talking about Walrus's.

Unknown said...

Is Scott really "facing a tough reelection" ? Somehow I doubt that.

garage mahal said...

The One where Althouse calls Garage a slavering hyena.

Althouse can't stand it when she thinks liberals might get their way. The primary reason why she slavishly defends Walker is because liberals hate him. At least she didn't post that embarrassing "I stand with Walker" video posted this time though.

Mark said...

Farmer, actually last weeks MU Law poll had them tied or a slight (under MOE) lead for Walker.

The only place his numbers can go is down, as is usual for incumbents people have already decided about. He needs to stop the slow bleeding of John Doe and avoid any further stories.

I am sure he did not like the motions to unseal all the John Doe 2 documents. Club for Growth doesn't need to be reelected, any scandalous stories will blow over for them ... But not for Walker. He needs those Doe documents locked up out of sight, as public opinion matters a lot in election years. Doubt they have anything illegal, but the racist emails of his staff does not play well.

Ann Althouse said...

When we faced an uphill climb...

Larry J said...

Ann Althouse said...

One more reason to stand on principle.

Like your mother told you: do what's right.


If his mother ever told Garbage that, he obviously ignored it.

Ann Althouse said...

"The only place his numbers can go is down, as is usual for incumbents people have already decided about. He needs to stop the slow bleeding of John Doe and avoid any further stories."

For what shall it profit a man, if he shall gain the whole world, and lose his own soul?

RecChief said...

Walker has won by being slimy going back to Marquette. That's what John Doe 1 & 2 are all about.

I thought it was about secret routers?

cubanbob said...

If Walker has political ambitions beyond being re-elected governor he needs to wage jihad against these political persecutors. If he rolls over for the sake of getting re-elected governor he will always be seen as an easy mark to be rolled over. On the other hand if he fights this to the end and puts these prosecutors heads on a spike it will gain him enormous support among conservatives.

cubanbob said...

If Walker has political ambitions beyond being re-elected governor he needs to wage jihad against these political persecutors. If he rolls over for the sake of getting re-elected governor he will always be seen as an easy mark to be rolled over. On the other hand if he fights this to the end and puts these prosecutors heads on a spike it will gain him enormous support among conservatives.

Bob Ellison said...

I've tried to read about and comprehend the Wisconsin John Doe stuff, and understanding eludes me.

It seems like a super-grand-jury situation. Not very clean, and much biased in favor of the prosecution. But not an obvious violation of individual rights.

What's going on here?

Beta Rube said...

So Walker is slimy because he doesn't think Wisconsin should be wholly owned by the public employee unions.

Obama, who lies about everything all the time is not slimy because he wants to expand government and keep in place a disastrous civil service system.

The crazy is strong today.

Drago said...

garage: "Althouse can't stand it when she thinks liberals might get their way."

Yeah, like when althouse voted for obama!

Rake-face garage does it again.

Stick with cutting and pasting garage.

It's not just your best play, it's your only play.

Bruce Hayden said...

The only place his numbers can go is down, as is usual for incumbents people have already decided about. He needs to stop the slow bleeding of John Doe and avoid any further stories.

Let me respectfully disagree. His risk on the right is that the Tea Party types sit home on election day. If they get out en mass, then he will likely win. But there is a decent chance that seeing him settle with the Dems here might paint him as an establishment, go along, get along, type, undeserving of their vote. And, threatening them with the prospect of a Dem winning instead has proven ineffective in the past, when it comes to supporting the types of Republicans that they hate this way.

Unknown said...

A lightwieght like Mary Burke is not going to win in an election that all across the US is going to a nightmare for Democrats.

garage mahal said...

Don't enjoy this slow moving train wreck liberals. You'll lose your soul!

Plus, he's such a swell guy

Scott M said...

Someone check AA's saliva for philosopher DNA :)

Danno said...

I saw the JS article last night and it sounded like conjecture without having anyone to really say that the Walker campaign is going forward with a settlement. My thought is to wait to see and not waste a lot of breath talking about what might happen here.

David said...

"Test the DNA in the saliva to find out."

That requires a sample. You get one. I'm not going to go that close.

The Crack Emcee said...

Ann Althouse,

"For what shall it profit a man, if he shall gain the whole world, and lose his own soul?"

Really? You can read his office emails and think, "That Scott Walker - surrounding himself with public servants who don't help blacks but scoff at the poor - he's got a really good soul"?

"Wisconsin was one of the first states to establish black suffrage, but this was accomplished only through a Supreme Court decision after suffrage had been defeated repeatedly at the polls. Like many in the North, Wisconsin residents disliked slavery, but they also felt no desire to integrate with blacks, whom they felt were inferior."

I'll tell you what - let's split the difference and say, in a previous day, he would've been portrayed the same way a "kind" plantation owner has been.

But that image, too, hasn't lasted.

For the 100th time - Walker's going down,...

Tyrone Slothrop said...

Slavering?

That's racist.

Curious George said...

"garage mahal said...
Walker has won by being slimy going back to Marquette. That's what John Doe 1 & 2 are all about."

Really? Charges:

John Doe 1: Zip

John Doe II: Zip

Oh, and Walker ran and won for State Assembly and Milwaukee County Executive and no charges were ever brought for any of those elections, or actions in office, either.

One things for certain, you're an idiot.

Mark said...

Garage, you lose the right to call yourself a "liberal" when you're perfectly fine with trashing civil liberties if doing so might cause harm to your "enemies".

There are other words for that.

garage mahal said...

John Doe 1: Zip

I think you mean six, not zip.

John Doe II: Zip

Walker wants a plea deal. What does that tell you? stay away from sharp objects and garages?

Drowning in negative news, dead heat with an unknown challenger, [can't even break 50% against Brett Hulsey], and now word of a plea deal that will enrage the base? Oof. Sucks to be you.

Mark said...

Bruce, did you see how Walker has also walked away from the gay marriage issue? It's in court and going to be officially challenged by the DA when our ban is thrown out as expected - but Walker put out a national wishy washy stand on the issue in the Wash Post a week ago.

It was not many years back when WI passed the ban. The people involved are not going to run out to vote for Walker after he ignores their issue.

The whole myth of Scott Walker is that he takes principled stands, not panders to the gays and tries to appease the socially liberal RINOs.

Curious George said...

"garage mahal said...
John Doe 1: Zip

I think you mean six, not zip."

Nope I mean Zip, Corky. Walker was never the target, nor charged, or even accused. Despite millions and millions of dollars spent, and many man years of investigation.

"John Doe II: Zip

Walker wants a plea deal." A plea deal? LOL You are a retard.


What does that tell you? stay away from sharp objects and garages?

"Drowning in negative news, dead heat with an unknown challenger, [can't even break 50% against Brett Hulsey], and now word of a plea deal that will enrage the base? Oof. Sucks to be you."

Keep jacking off into that tube sock garage, Walker will be around for four more years, unless he's at 1600 Pennsylvania Ave.

Alex said...

garage makes it quite plain that it's all about his ideology and if you are not with him, you're against him. I thought liberals blasted Bush for that way of looking at the world?

The Crack Emcee said...

Mark,

"Garage, you lose the right to call yourself a "liberal" when you're perfectly fine with trashing civil liberties if doing so might cause harm to your "enemies".

There are other words for that."

Yeah, like "committed".

Unknown said...

"Garage, you lose the right to call yourself a "liberal" when you're perfectly fine with trashing civil liberties if doing so might cause harm to your "enemies".

There are other words for that."

Yeah, like fascist.

garage mahal said...

This ain't going to help

The material includes everything on their hard drives, including emails, photos, music and computer programs. To give a sense of the size of two terabytes, Abele noted that two terabytes of documents make up about 150 million pages.

Anonymous said...

Republicans honestly believe that nobody at all was arrested and convicted in the John Doe investigations?!

The right-wing media machine is working as intended.

Curious George said...

"garage mahal said...
This ain't going to help"

OMGF!, more emails that investigators had for a couple of years that turned up nothing!!!

What a tool.


garage mahal said...

Cook Political Report moves WI-Gov race to "toss-up".

Alex said...

garage - if it's a toss up already by the end of May, the Democrat will win by 20 points.

Unknown said...

"if it's a toss up already by the end of May, the Democrat will win by 20 points."

Seriously delusional.