Home  >  Wisconsin  >  Federal judge says his order halting John Doe probe should be clear to prosecutor

Federal judge says his order halting John Doe probe should be clear to prosecutor

By   /   May 30, 2014  /   No Comments

Part 74 of 110 in the series Wisconsin's Secret War

By M.D. Kittle | Wisconsin Reporter

MADISON, Wis. – The federal judge who shut down a politically charged John Doe investigation into dozens of conservative groups has effectively told the probe’s special prosecutor his preliminary injunction couldn’t be any clearer – and that the prosecutor ought to know better.

In a dismissive-sounding filing late Friday, U.S. District Judge Rudolph Randa partially grants and partially denies a request by John Doe special prosecutor Francis Schmitz to clarify the federal court’s order halting a nearly three-year John Doe probe.

.

GOT IT: U.S. District Court Judge Rudolph Randa saying his order shutting down John Doe investigation should be clear enough to prosecutors.

On May 6, and again on May 8, Randa issued a preliminary injunction barring Schmitz and his fellow prosecutors-turned defendants in a civil rights lawsuit from “obtaining compliance with any order, subpoena, or other process issued in furtherance of the investigation.”

Earlier this week, after the Wall Street Journal reported that Steven Biskupic, attorney for Gov. Scott Walker’s campaign, had been “negotiating” with Schmitz to settle the investigation, Schmitz stepped back and asked Randa for clarification. In essence, he asked for forgiveness after failing to seek permission.

Violating the federal judge’s order could land Schmitz in contempt of court.

Schmitz then asked the court to clarify whether operative language in the injunction – that the defendants “must cease all activities related to the investigation” – may be construed to enjoin the special prosecutor from “all activities related to ongoing state court proceedings” that arise from John Doe lawsuits (and there are several) in which Schmitz is a named party.

Secondly, Schmitz asked if the injunction covers discussions with attorneys for individuals and organizations that were subjects of the John Doe investigation and that are parties in the state-court proceeding.

“Obviously, the Court’s injunction does not prevent all discussions with subjects of the John Doe investigation,” Randa writes in his order.

For example, the plaintiffs in the civil rights lawsuit, conservative activist Eric O’Keefe and the Wisconsin Club for Growth, advised Schmitz that he should provide all targets of the probe and subpoenaed parties with a copy of the court’s injunction so that those parties would understand those rights. In a filing Thursday, O’Keefe’s attorney said Schmitz has refused to do so.

In his order issued Friday, Randa demands that Schmitz must “provide all targets and subpoenaed parties with a copy of the Court’s injunction.”

As to the subject of Schmitz’ discussions with Walker’s campaign, Randa writes that he could not have been any more clear in his order stopping the John Doe investigation.

“The order of this Court and that of the Seventh Circuit offers clear guidance as to the parameters of the injunction,” the federal judge said. “In the absence of any further information regarding the content and import of ‘discussions’ that may violate the Court’s clear directives, it is impossible for the Court to offer further clarification at this time.”

A legal expert close to the John Doe proceedings said Randa is saying that Schmitz knows precisely what he can and cannot do.

“Judge Randa is saying, ‘Look, guy, you know what this means and if you’re skulking around trying to do something you know you are not supposed to be doing you are risking contempt,’” said the source, who did not want to be identified due to his proximity to the John Doe proceedings. “And contempt is really a serious thing, especially against a prosecutor.”

The 29 conservative organizations targeted in the investigation, launched in late summer 2012 by Milwaukee County District Attorney John Chisholm, know all too well the threat of contempt. They have all been under a secrecy order issued by the presiding judge of the probe. Most have feared the repercussions, including jail time, of speaking out against what they assert is nothing more than a partisan witch hunt, initiated by Chisholm, a Democrat.

Randa, it seems has lost patience in the prosecutors-turned defendants, who have fought the civil rights lawsuit at every turn, insisting that the federal judge does not have the jurisdiction to hear the case and that, as prosecutors, they should be immune from such litigation.

Schmitz had repeatedly declined to comment on all matters related to the John Doe probe.

It’s been a rough stretch for the instigators of the probe. On Friday, O’Keefe and the club filed a lawsuit in Waukesha County Circuit Court against the state Government Accountability Board, the agency that oversees campaign finance and election law. The lawsuit alleges the GAB, involved in the probe since nearly its inception, according to court documents, has overstepped its authority and cost taxpayers untold amounts of money pushing an illegal investigation.

Contact M.D. Kittle at mkittle@watchdog.org

 

Read Judge Randa’s order here

Part of 110 in the series Wisconsin's Secret War
  1. Sources: Secret probe targeting conservatives is abuse of prosecutorial powers
  2. Scary! Phantom prosecutor in Dems’ war on conservatives disappears inside courthouse
  3. EXCLUSIVE: Judge in Democrat-led John Doe probe recuses herself
  4. Democrats’ ‘intelligence-gathering’ spreads in Wisconsin
  5. Democrats tap anti-terror expert to head secret probe of Wisconsin conservatives
  6. Sheriff Clarke: John Doe case shows Milwaukee DA is ‘weaponized for political purposes’
  7. Clarke: John Doe into conservatives ‘unbridled,’ ‘dangerous’ and ‘tainted’
  8. Sources: New judge named in Democrat-led secret probe
  9. Vendetta justice? Criticism growing about John Doe prosecutor Bruce Landgraf
  10. Will Wisconsin’s own ‘Miserable’ inspector jail conservative activist for speaking out about Dem probe?
  11. Conservative targets bring in big guns to Democrat-led John Doe fight
  12. ‘Dangerous’ game: Former FEC official blasts Democrats’ secret investigation of conservative groups
  13. Center for Media and Democracy: Liberals are morally superior
  14. Wisconsin Dems suddenly support political investigations
  15. WI Republican attorney general to represent judges in Democrat-led John Doe probe
  16. Republicans speak out about silent John Doe targeting conservatives
  17. Biggest secret in John Doe may be just how judges and special prosecutors are selected
  18. WSJ: John Doe judge deals body blow to secret probe targeting conservatives
  19. Vos: Wait until John Doe in ‘rearview mirror’ before revisiting law
  20. Lawsuits looming in Wisconsin’s crumbling John Doe probe?
  21. Conservative to Democrat prosecutors: Shut down secret political probe or face civil rights lawsuit
  22. John Doe target O’Keefe taking on IRS, too
  23. Lawmaker: Wisconsin’s John Doe like Christie’s ‘Bridgegate’
  24. Target files civil rights lawsuit against Wisconsin’s John Doe prosecutors
  25. Disparate treatment: Civil rights lawsuit claims conservative speech trampled
  26. Liberal group looking to take Wisconsin’s John Doe national
  27. John Doe judge: ‘Results of the John Doe speak for themselves’
  28. John Doe special prosecutor appeals judge’s ruling quashing subpoenas
  29. John Doe prosecutor pushed for brain-damaged man’s conviction in ATF debacle
  30. Conservatives counterpunch John Doe prosecutors’ move to stall injunction
  31. Shadowy John Doe investigator invokes federalism in civil rights lawsuit
  32. John Doe prosecutors wanted higher-priced lawyers, source says
  33. Secret agent Dean Nickel’s defense: ‘Dean Nickel is not responsible’
  34. D’oh! John Doe prosecutors claim secrecy protection – after filing secret documents
  35. Recusal in John Doe case raises questions of fairness, purpose
  36. Absolute immunity makes it tough to prosecute the prosecutors of John Doe
  37. Poll suggests Dems’ big ‘secret’ weapon against Walker is backfiring
  38. ‘Easy target’: Kelly Rindfleisch breaks silence about John Doe probe
  39. SCOTUS ruling on campaign finance shows abuse of John Doe, targets say
  40. Nobody will say what John Doe’s shadow man did, but taxpayers are paying his legal bill
  41. Judge denies John Doe prosecutors’ move to dismiss civil rights suit
  42. Civil rights expert: John Doe law is ‘un-American,’ like something from ‘Nazi Germany’
  43. Target: John Doe prosecutors making up campaign law as they go along
  44. John Doe, as it is being used, must go, WI senator says
  45. John Doe target says prosecutors latest move another delay tactic
  46. John Doe prosecutors sound defensive in latest court filings
  47. Federal judge denies John Doe prosecutors’ motion to stall civil rights case
  48. Media coalition asks judge to open sealed John Doe documents
  49. Are John Doe prosecutors sweating out federal judge’s decision?
  50. John Doe is dead: Judge stops WI prosecutors’ probe into conservatives
  51. This is what the Fourth Amendment looks like?
  52. What’s next for now-defunct John Doe probe?
  53. Appeals court stalls judge’s order halting John Doe probe
  54. Federal judge’s ruling could open up sealed John Doe records
  55. Federal judge orders John Doe probe shut down again
  56. Lawmakers call for review of GAB’s secret John Doe activities, funds
  57. Lawyers, lawyers everywhere and other dispatches from John Doe Land
  58. Secret’s out: The world is beginning to learn more about WI’s John Doe
  59. Still their little secret? Questions remain on John Doe gag order
  60. Appeals Court declares portions of Wisconsin campaign finance law unconstitutional
  61. John Doe prosecutors suddenly support opening sealed court records
  62. Expert: It’s as if GAB decided ‘Citizens United didn’t exist’
  63. John Doe prosecutors voice phony outrage, legal source says
  64. GAB still reviewing court ruling declaring WI campaign finance law unconstitutional
  65. State Farm still doesn’t want to cover John Doe prosecutor’s legal bills
  66. For the Walker-hating left, John Doe is ‘Mission Accomplished’
  67. Sources: No urgency in WI Supreme Court on John Doe
  68. Would Walker settlement with John Doe prosecutors be a deal with the devil?
  69. Contempt questions surround reported John Doe deal talks
  70. Walker’s John Doe response raises more questions than answers
  71. Sources: Attorney General passes on defending GAB in John Doe cases
  72. Attorney to judge: Don’t let John Doe prosecutor ‘moot’ injunction
  73. John Doe targets sue Wisconsin’s Government Accountability Board
  74. Federal judge says his order halting John Doe probe should be clear to prosecutor
  75. John Doe special prosecutor’s bill still shrouded in secrecy
  76. ‘Are these kind of armed pre-dawn raids standard operating procedure?’
  77. John Doe special prosecutor obeys judge’s order
  78. ‘Never-ending’ John Doe never ended, WSJ reports
  79. Appeals court upholds judge’s order shutting down John Doe probe
  80. O’Keefe keeps collecting big wins in John Doe lawsuit
  81. John Doe I judge says he’s not responsible for John Doe II
  82. Will taxpayers have to pay for frivolity of John Doe prosecutors?
  83. John Doe prosecutors jump back into the dark?
  84. What about those prosecutors? Questions surround other John Doe DAs
  85. Humiliated in court, WI Dems take their anti-conservative John Doe probe to the media
  86. Federal judge blasts John Doe prosecutors – again – as he denies records release
  87. Right on cue: Document dump fuels anti-Walker donation drive
  88. Wall Street Journal points out ‘disgrace’ of mainstream John Doe reporting
  89. Expert: John Doe raids raise ‘troubling’ Fourth Amendment questions
  90. Kelly Rindfleisch tells conservatives, ‘Don’t back down’
  91. Mainstream media forced to walk back Walker ‘criminal scheme’ narrative
  92. John Doe prosecutors engaged in premature justification, conservatives say
  93. Is John Doe probe a case of a mini NSA in Wisconsin?
  94. AG opinion means accountability board’s John Doe secrets are safe — for now
  95. Senator asks attorney general to compel GAB to open up its books
  96. GAB now playing secrets in state John Doe lawsuit
  97. Will John Doe prosecutors launch lengthy probe against Trek Bicycle?
  98. John Doe prosecutors engaged in war of words — lots and lots of words
  99. Judge denies conservatives’ request to add GAB to civil rights lawsuit
  100. Oral arguments set in John Doe prosecutors’ appeal
  101. In John Doe Land, the left doesn’t illegally coordinate
  102. John Doe document blitz must have broken mainstream media’s heart
  103. Senator: Looks like accountability board is hiding something
  104. Kelly Rindfleisch appeal to test validity of John Doe digital searches
  105. Conservatives in John Doe battle know disclosure comes with a heavy price
  106. Appeals court orders release of some John Doe documents
  107. Taxpayers on the hook up to $25,000 for GAB’s legal maneuvers
  108. Overheated media erroneously bring back Walker ‘criminal scheme’ theme
  109. ‘Retaliation’: Docs show state prosecutors launched mini-NSA probe of WI conservatives
  110. John Doe prosecutors take desperate, unethical slap

Click here to LEARN HOW TO STEAL OUR STUFF!

Kittle is a 25-year veteran of radio, newspaper and online journalism. In July 2011, Kittle joined Watchdog.org as bureau chief for Wisconsin Reporter. He has spent much of the past three years covering the seismic political changes taking place in the Badger State. Last year, Kittle joined Watchdog’s national reporting team, covering everything from energy policy to governmental assaults on civil rights. Beyond being published in Wisconsin’s daily newspapers and in multimedia news outlets, Kittle’s work has appeared on Fox News, and in Human Events, Reason Magazine, Newsmax and Town Hall. His special investigation into a politically charged John Doe probe, “Wisconsin’s Secret War,” was the basis of a 2014 documentary on Glenn Beck’s TheBlaze. Kittle has made several appearances on Fox News, including “On the Record with Greta Van Susteren. He serves as weekly politics commentator for Lake 96.1 FM in Lake Geneva, and WRJN-AM 1400 in Racine. His resume includes multiple awards for journalism excellence from The Associated Press, Inland Press, Wisconsin Broadcast Association and other journalism associations. Contact Kittle at mkittle@watchdog.org.