By M.D. Kittle | Wisconsin Reporter
MADISON, Wis. — Eric O’Keefe has a message for the prosecutors who have targeted him and dozens of conservative groups in a politically charged John Doe investigation: Drop the probe now or become defendants in a federal civil rights lawsuit.
O’Keefe, director of the Wisconsin Club for Growth, a limited government advocacy organization targeted for alleged illegal “coordination” with Gov. Scott Walker’s campaign during the state’s recall elections, in a statement that the investigation is “political payback by elected prosecutors against conservative activists for their political successes in Wisconsin.”
“They are violating the constitutional rights of private citizens and must be held accountable,” O’Keefe said in the statement released Wednesday.
O’Keefe’s attorney, David B. Rivkin has sent a letter to prosecutors stating the nearly two-year John Doe investigation, conducted with a court-ordered gag order in place, has no basis in Wisconsin law and that it violates O’Keefe’s First Amendment rights to freedom of speech and association.
The prosecutors’ legal reasoning “is unsupportable as a matter of law and crystal clear evidence of bad faith,” the release states.
“I am confident that any federal court that reviews the facts will see your investigation for what it is, put a stop to it, and hold you publicly accountable,” the letter states.
Rivkin, perhaps best known outside the legal community as a frequent commentator and guest on national TV and radio shows, is a partner at Washington, D.C.-based law firm Baker Hostetler LLP, with extensive experience in constitutional law litigation.
He has represented the 26 states that have challenged the constitutionality of Obamacare and was the lead outside counsel in the District Court and Court of Appeals.
The letter demands Milwaukee County District Attorney John Chisholm, a Democrat, and the other prosecutors in the multiple-county probe “close the investigation immediately, publicly exonerate Mr. O’Keefe and the Club, and dissolve the gag order that bars discussion of the proceeding.”
O’Keefe, according to the statement, is “unable to comment on the probe or his anticipated federal action” due to the John Doe’s secrecy order. He has not returned Wisconsin Reporter’s calls seeking comment.
He seemingly defied the gag order in November, when he told the Wall Street Journal Editorial Board that he is a target of the investigation and confirmed that he received a subpoena. The Journal opinion piece, headlined “Wisconsin Political Speech Raid,” said copies of two subpoenas demanded “all memoranda, email . . . correspondence, and communications” internally and between the subpoena target and at least 29 conservative groups, including Wisconsin and national nonprofits, political vendors and party committees. “The groups include the League of American Voters, Wisconsin Family Action, Wisconsin Manufacturers & Commerce, Americans for Prosperity — Wisconsin, American Crossroads, the Republican Governors Association, Friends of Scott Walker and the Republican Party of Wisconsin,” according to the Journal.
The court-sanctioned dragnet has subpoenaed more than 100 conservative and free-market activists. Though gagged by provisions of the subpoenas, several sources have told Wisconsin Reporter the manifold legal attack on nonprofit political organizations has included pre-dawn raids on homes and offices; confiscated equipment and files; and demands for phone, email and other records.
Judge Gregory A. Peterson, the probe’s presiding judge, on Friday quashed several of the subpoenas to conservative groups and ordered the return of property to the targets of a so-called John Doe campaign-finance probe, according to a story broken by the Wall Street Journal Editorial Board.
O’Keefe’s Wisconsin Club for Growth – as well as Walker’s campaign, Wisconsin Manufacturers & Commerce Inc., and Citizens for a Strong America – were victims of improper subpoenas, according to the judge. Peterson said the subpoenas “do not show probable cause that the moving parties committed any violations of the campaign finance laws,” according to the sealed opinion, obtained by the Journal.
A Wisconsin legal expert close to the probe earlier this week told Wisconsin Reporter that litigation from the targets was a distinct possibility following the judge’s ruling.
“I don’t think the people who have been harmed by (the investigation) are going to let bygones be bygones,” the source said on condition of anonymity due to his proximity to the probe. “I could see them looking at litigation and it wouldn’t surprise me if there are calls for … an investigation into the investigators.”
Sources say it is probable the prosecution will appeal the judge’s ruling, although special investigator Francis Schmitz did not return a call Monday from Wisconsin Reporter seeking comment.
Prosecutors have repeatedly said they will not comment on any aspect of the John Doe.
Conservative sources close to the investigation tell Wisconsin Reporter that they have no illusions that a prosecution they believe is bent on bringing down Walker and freezing conservative political speech will simply walk away from the probe.
Contact M.D. Kittle at email@example.com
- Sources: Secret probe targeting conservatives is abuse of prosecutorial powers
- Scary! Phantom prosecutor in Dems’ war on conservatives disappears inside courthouse
- EXCLUSIVE: Judge in Democrat-led John Doe probe recuses herself
- Democrats’ ‘intelligence-gathering’ spreads in Wisconsin
- Democrats tap anti-terror expert to head secret probe of Wisconsin conservatives
- Sheriff Clarke: John Doe case shows Milwaukee DA is ‘weaponized for political purposes’
- Clarke: John Doe into conservatives ‘unbridled,’ ‘dangerous’ and ‘tainted’
- Sources: New judge named in Democrat-led secret probe
- Vendetta justice? Criticism growing about John Doe prosecutor Bruce Landgraf
- Will Wisconsin’s own ‘Miserable’ inspector jail conservative activist for speaking out about Dem probe?
- Conservative targets bring in big guns to Democrat-led John Doe fight
- ‘Dangerous’ game: Former FEC official blasts Democrats’ secret investigation of conservative groups
- Center for Media and Democracy: Liberals are morally superior
- Wisconsin Dems suddenly support political investigations
- WI Republican attorney general to represent judges in Democrat-led John Doe probe
- Republicans speak out about silent John Doe targeting conservatives
- Biggest secret in John Doe may be just how judges and special prosecutors are selected
- WSJ: John Doe judge deals body blow to secret probe targeting conservatives
- Vos: Wait until John Doe in ‘rearview mirror’ before revisiting law
- Lawsuits looming in Wisconsin’s crumbling John Doe probe?
- Conservative to Democrat prosecutors: Shut down secret political probe or face civil rights lawsuit
- John Doe target O’Keefe taking on IRS, too
- Lawmaker: Wisconsin’s John Doe like Christie’s ‘Bridgegate’
- Target files civil rights lawsuit against Wisconsin’s John Doe prosecutors
- Disparate treatment: Civil rights lawsuit claims conservative speech trampled
- Liberal group looking to take Wisconsin’s John Doe national
- John Doe judge: ‘Results of the John Doe speak for themselves’
- John Doe special prosecutor appeals judge’s ruling quashing subpoenas
- John Doe prosecutor pushed for brain-damaged man’s conviction in ATF debacle
- Conservatives counterpunch John Doe prosecutors’ move to stall injunction
- Shadowy John Doe investigator invokes federalism in civil rights lawsuit
- John Doe prosecutors wanted higher-priced lawyers, source says
- Secret agent Dean Nickel’s defense: ‘Dean Nickel is not responsible’
- D’oh! John Doe prosecutors claim secrecy protection – after filing secret documents
- Recusal in John Doe case raises questions of fairness, purpose
- Absolute immunity makes it tough to prosecute the prosecutors of John Doe
- Poll suggests Dems’ big ‘secret’ weapon against Walker is backfiring
- ‘Easy target': Kelly Rindfleisch breaks silence about John Doe probe
- SCOTUS ruling on campaign finance shows abuse of John Doe, targets say
- Nobody will say what John Doe’s shadow man did, but taxpayers are paying his legal bill
- Judge denies John Doe prosecutors’ move to dismiss civil rights suit
- Civil rights expert: John Doe law is ‘un-American,’ like something from ‘Nazi Germany’
- Target: John Doe prosecutors making up campaign law as they go along
- John Doe, as it is being used, must go, WI senator says
- John Doe target says prosecutors latest move another delay tactic
- John Doe prosecutors sound defensive in latest court filings
- Federal judge denies John Doe prosecutors’ motion to stall civil rights case
- Media coalition asks judge to open sealed John Doe documents
- Are John Doe prosecutors sweating out federal judge’s decision?
- John Doe is dead: Judge stops WI prosecutors’ probe into conservatives
- This is what the Fourth Amendment looks like?
- What’s next for now-defunct John Doe probe?
- Appeals court stalls judge’s order halting John Doe probe
- Federal judge’s ruling could open up sealed John Doe records
- Federal judge orders John Doe probe shut down again
- Lawmakers call for review of GAB’s secret John Doe activities, funds
- Lawyers, lawyers everywhere and other dispatches from John Doe Land
- Secret’s out: The world is beginning to learn more about WI’s John Doe
- Still their little secret? Questions remain on John Doe gag order
- Appeals Court declares portions of Wisconsin campaign finance law unconstitutional
- John Doe prosecutors suddenly support opening sealed court records
- Expert: It’s as if GAB decided ‘Citizens United didn’t exist’
- John Doe prosecutors voice phony outrage, legal source says
- GAB still reviewing court ruling declaring WI campaign finance law unconstitutional
- State Farm still doesn’t want to cover John Doe prosecutor’s legal bills
- For the Walker-hating left, John Doe is ‘Mission Accomplished’
- Sources: No urgency in WI Supreme Court on John Doe
- Would Walker settlement with John Doe prosecutors be a deal with the devil?
- Contempt questions surround reported John Doe deal talks
- Walker’s John Doe response raises more questions than answers
- Sources: Attorney General passes on defending GAB in John Doe cases
- Attorney to judge: Don’t let John Doe prosecutor ‘moot’ injunction
- John Doe targets sue Wisconsin’s Government Accountability Board
- Federal judge says his order halting John Doe probe should be clear to prosecutor
- John Doe special prosecutor’s bill still shrouded in secrecy
- ‘Are these kind of armed pre-dawn raids standard operating procedure?’
- John Doe special prosecutor obeys judge’s order
- ‘Never-ending’ John Doe never ended, WSJ reports
- Appeals court upholds judge’s order shutting down John Doe probe
- O’Keefe keeps collecting big wins in John Doe lawsuit
- John Doe I judge says he’s not responsible for John Doe II
- Will taxpayers have to pay for frivolity of John Doe prosecutors?
- John Doe prosecutors jump back into the dark?
- What about those prosecutors? Questions surround other John Doe DAs
- Humiliated in court, WI Dems take their anti-conservative John Doe probe to the media
- Federal judge blasts John Doe prosecutors – again – as he denies records release
- Right on cue: Document dump fuels anti-Walker donation drive
- Wall Street Journal points out ‘disgrace’ of mainstream John Doe reporting
- Expert: John Doe raids raise ‘troubling’ Fourth Amendment questions
- Kelly Rindfleisch tells conservatives, ‘Don’t back down’
- Mainstream media forced to walk back Walker ‘criminal scheme’ narrative
- John Doe prosecutors engaged in premature justification, conservatives say
- Is John Doe probe a case of a mini NSA in Wisconsin?
- AG opinion means accountability board’s John Doe secrets are safe — for now
- Senator asks attorney general to compel GAB to open up its books
- GAB now playing secrets in state John Doe lawsuit
- Will John Doe prosecutors launch lengthy probe against Trek Bicycle?
- John Doe prosecutors engaged in war of words — lots and lots of words
- Judge denies conservatives’ request to add GAB to civil rights lawsuit
- Oral arguments set in John Doe prosecutors’ appeal
- In John Doe Land, the left doesn’t illegally coordinate
- John Doe document blitz must have broken mainstream media’s heart
- Senator: Looks like accountability board is hiding something
- Kelly Rindfleisch appeal to test validity of John Doe digital searches
- Conservatives in John Doe battle know disclosure comes with a heavy price
- Appeals court orders release of some John Doe documents
- Taxpayers on the hook up to $25,000 for GAB’s legal maneuvers
- Overheated media erroneously bring back Walker ‘criminal scheme’ theme
- ‘Retaliation': Docs show state prosecutors launched mini-NSA probe of WI conservatives
- John Doe prosecutors take desperate, unethical slap
- Walker ‘smoking gun’ story has tiny glaring flaw
- Wisconsin prosecutors aim to shut down conservatives
- Conservatives appeal to common sense in John Doe appeals case
- Conservatives say ‘incorrect disclosure’ of John Doe docs no ‘tiny error’
- First Amendment big guns back targets of John Doe probe
- Was John Doe judge a rubber stamp?
- $25,000 and counting: WI taxpayers’ bill so far to defend GAB and its ‘monster’
- Another blow for Wisconsin’s restrictive campaign finance law
- Wisconsin prosecutors appeal for protection from blowback in partisan probe
- Is John Doe story colored with a bit of ‘Macbeth?’
- GAB director says agency just following the law in John Doe probe
- Kelly Rindfleisch: Where are the tears for the kids the Milwaukee school system failed?
- Rindfleisch attorney: Appeals court can protect the Fourth Amendment in Digital Age
- Source: Wisconsin Supreme Court doesn’t want political heat of John Doe case
- Appeals court reverses John Doe injunction, but Wisconsin’s secret war far from over
- A whistleblower’s story: Taking on a ‘hyper-partisan’ district attorney
- Conservative O’Keefe seeks investigation into John Chisholm and his John Doe
- Who’s paying the bill? Report casts questions on GAB and John Doe payments
- Target of secret John Doe probe is fighting back and speaking out
- The day John Doe rushed through the door
- Rindfleisch: ‘Rape’ not too strong a word for how violated John Doe targets feel
- Conservative group asks court to stop John Doe ‘constitutional injury’
- Conservatives to appeals court: ‘You don’t know Doe’
- Armed and growing: Milwaukee County DA beefs up his ‘police force’
- Federal judge stops John Doe prosecutors from bothering conservative group
- Wisconsin Supreme Court takes another pass on John Doe case
- No surprise: Bice buries the lead, Walker follows the law
- Federalism v. individual rights: A conversation with Eric O’Keefe
- Report: No district attorney will investigate District Attorney John Chisholm
- Appeals court denies request to rehear John Doe civil rights case