Wisconsin Petty Politics Nightmare

The case began in 2009 when then-Milwaukee County Executive Walker’s staff uncovered that $11,242.24 had apparently been embezzled from a county charity. Walker’s staff asked the district attorney for a criminal investigation.While the thief was ultimately convicted, District Attorney Chisholm took the opportunity to focus his investigation mainly on Walker’s personal staff.

Walker’s team would not learn of the secret investigation for more than a year, when Walker was first campaigning for governor in 2010. Walker’s then-chief of staff, the late Tom Nardelli, learned that Chisholm’s staff had won a court order in May 2010 to start a secretive “John Doe” probe into the “origin” of the allegedly embezzled $11,242.24.

A “John Doe” is a legal proceeding under Wisconsin law that allows prosecutors, with a judge’s approval, to require complete secrecy from any one involved. This “gag order” provision, almost unique in American law, effectively disables targets or witnesses from publicly defending themselves or responding to damaging leaks. …

The New York Times ran a front-page article highlighting prosecutors’ claims of “an elaborate effort to illegally coordinate fundraising and spending between [Walker’s] campaign and conservative groups.” Buried in paragraphs 10 and 11 was the fact that both a federal judge and a state judge had ruled that the investigation should be shut down as legally groundless.

Amid the debate over whether it is Gov. Walker and conservative activists like O’Keefe – or Chisholm and his fellow prosecutors – who are corrupting Wisconsin politics, one issue emerges: Campaign finance laws designed by reformers to stop the corruption of American politics can take a toll on the freedom of speech. The question that the federal courts will decide is whether the benefits are worth the costs.

David French at National Review chose to cover it in a rather emotional manner, no doubt to stir up the base – not without good reason:

Cindy Archer, one of the lead architects of Wisconsin’s Act 10 — also called the “Wisconsin Budget Repair Bill,” it limited public-employee benefits and altered collective-bargaining rules for public-employee unions — was jolted awake by yelling, loud pounding at the door, and her dogs’ frantic barking. The entire house — the windows and walls — was shaking. She looked outside to see up to a dozen police officers, yelling to open the door. They were carrying a battering ram. …

They wouldn’t let her speak to a lawyer. She looked outside and saw a person who appeared to be a reporter. Someone had tipped him off.

Assuming the DA gets his head handed to himself again by the courts, I’m disgusted by his behavior; I’m appalled at the law; I’m even more appalled that no legislator who voted for it thought to consider the repercussions for those subjected to what I would call a thoroughly un-American requirement – that you keep your mouth shut about a perceived injustice.  What were they thinking?  This is the sort of thing that divide citizens from the law enforcement and from their governments.  Unfortunately, you can only punish legislators by kicking them out.