Governor Scott Walker of Wisconsin

Witch Hunt in Wisconsin

“When it comes to
this, I shall prefer emigrating to some country where they make no
pretense of loving liberty — to Russia, for instance, where despotism
can be taken pure, and without the base alloy of hypocrisy.”
Abraham Lincoln
Democrats were so fearful of Governor Scott Walker in Wisconsin that John Chisholm, the Democrat District Attorney of Milwaukee Country, launched a secret “John Doe” investigation seeking to uncover links between conservative groups and the Walker administration.  This bitterly partisan Democrat unleashed a wave of terror of “no knock” raids on the homes of conservatives in Wisconsin, using police tactics that might have  been appropriate if they were storming fortifications held by terrorists.  The victims were instructed to tell no one about the raids, especially their attorneys.  These Gestapo tactics are detailed in a magnificent story by David French at National Review:
But with another election looming — this time Walker’s campaign for reelection — Chisholm wasn’t finished. He launched yet another John Doe investigation, “supervised” by Judge Barbara Kluka. Kluka proved to be capable of superhuman efficiency — approving “every petition, subpoena, and search warrant in the case” in a total of one day’s work.
If the first series of John Doe investigations was “everything Walker,” the second series was “everything conservative,” as Chisholm had launched an investigation of not only Walker (again) but the Wisconsin Club for Growth and dozens of other conservative organizations, this time fishing for evidence of allegedly illegal “coordination” between conservative groups and the Walker campaign.
In the second John Doe, Chisholm had no real evidence of wrongdoing. Yes, conservative groups were active in issue advocacy, but issue advocacy was protected by the First Amendment and did not violate relevant campaign laws. Nonetheless, Chisholm persuaded prosecutors in four other counties to launch their own John Does, with Judge Kluka overseeing all of them.
Empowered by a rubber-stamp judge, partisan investigators ran amok. They subpoenaed and obtained (without the conservative targets’ knowledge) massive amounts of electronic data, including virtually all the targets’ personal e-mails and other electronic messages from outside e-mail vendors and communications companies.
The investigations exploded into the open with a coordinated series of raids on October 3, 2013. These were home invasions, including those described above. Chisholm’s office refused to comment on the raid tactics (or any other aspect of the John Doe investigations), but witness accounts regarding the two John Doe investigations are remarkably similar: early-morning intrusions, police rushing through the house, and stern commands to remain silent and tell no one about what had occurred.
At the same time, the Wisconsin Club for Growth and other conservative organizations received broad subpoenas requiring them to turn over virtually all business records, including “donor information, correspondence with their associates, and all financial information.” The subpoenas also contained dire warnings about disclosure of their existence, threatening contempt of court if the targets spoke publicly.
For select conservative families across five counties, this was the terrifying moment — the moment they felt at the mercy of a truly malevolent state.
Speaking both on and off the record, targets reflected on how many layers of Wisconsin government failed their fundamental constitutional duties — the prosecutors who launched the rogue investigations, the judge who gave the abuse judicial sanction, investigators who chose to taunt and intimidate during the raids, and those police who ultimately approved and executed aggressive search tactics on law-abiding, peaceful citizens.
For some of the families, the trauma of the raids, combined with the stress and anxiety of lengthy criminal investigations, has led to serious emotional repercussions. “Devastating” is how Anne describes the impact on her family. “Life-changing,” she says. “All in terrible ways.”
O’Keefe, who has been in contact with multiple targeted families, says, “Every family I know of that endured a home raid has been shaken to its core, and the fate of marriages and families still hangs in the balance in some cases.”
Anne also describes a new fear of the police: “I used to support the police, to believe they were here to protect us. Now, when I see an officer, I’ll cross the street. I’m afraid of them. I know what they’re capable of.”
Cindy says, “I lock my doors and I close my shades. I don’t answer the door unless I am expecting someone. My heart races when I see a police car sitting in front of my house or following me in the car. The raid was so public. I’ve been harassed. My house has been vandalized. [She did not identify suspects.] I no longer feel safe, and I don’t think I ever will.”
Rachel talks about the effect on her children. “I tried to create a home where the kids always feel safe. Now they know they’re not. They know men with guns can come in their house, and there’s nothing we can do.” Every knock on the door brings anxiety. Every call to the house is screened. In the back of her mind is a single, unsettling thought: These people will never stop.
Victims of trauma — and every person I spoke with described the armed raids as traumatic — often need to talk, to share their experiences and seek solace in the company of a loving family and supportive friends.
The investigators denied them that privilege, and it compounded their pain and fear. The investigation not only damaged families, it also shut down their free speech. In many cases, the investigations halted conservative groups in their tracks. O’Keefe and the Wisconsin Club for Growth described the effect in court filings:
O’Keefe’s associates began cancelling meetings with him and declining to take his calls, reasonably fearful that merely associating with him could make them targets of the investigation. O’Keefe was forced to abandon fundraising for the Club because he could no longer guarantee to donors that their identities would remain confidential, could not (due to the Secrecy Order) explain to potential donors the nature of the investigation, could not assuage donors’ fears that they might become targets themselves, and could not assure donors that their money would go to fund advocacy rather than legal expenses. The Club was also paralyzed. Its officials could not associate with its key supporters, and its funds were depleted. It could not engage in issue advocacy for fear of criminal sanction.
These raids and subpoenas were often based not on traditional notions of probable cause but on mere suspicion, untethered to the law or evidence, and potentially violating the Fourth Amendment’s prohibition against “unreasonable searches and seizures.” The very existence of First Amendment–protected expression was deemed to be evidence of illegality. The prosecution simply assumed that the conservatives were incapable of operating within the bounds of the law.
Even worse, many of the investigators’ legal theories, even if proven by the evidence, would not have supported criminal prosecutions. In other words, they were investigating “crimes” that weren’t crimes at all. If the prosecutors had applied the same legal standards to the Democrats in their own offices, they would have been forced to turn the raids on themselves. If the prosecutors and investigators had been raided, how many of their computers and smartphones would have contained incriminating information indicating use of government resources for partisan purposes?

Continue reading

Walker Wins



Pro-life Governor Scott Walker of Wisconsin has won the recall election decisively.  His victory is a clear sign of how the political winds are blowing in Wisconsin and strongly indicates that Wisconsin may well end up in the Republican column in the presidential election this year, which is devastating for Obama.  One little statistic that should send shivers down the spine of Democrat strategists this evening.  When Walker won in 2010 he won the Catholic vote by two points.  Exit polls show him winning the Catholic vote by ten points tonight.  More and more Catholics are realizing that they have no home in the modern Democrat party.  When a conservative Republican like Walker can win in a traditionally Blue state like Wisconsin, largely due to the Catholic vote, the political landscape is changing rapidly. Continue reading

Void ab Initio


As I am sure most of you know, the Wisconsin Supreme Court in a 4-3 decision vacated the order of Judge Maryann Sumi enjoining the bill passed by the Wisconsin legislature regarding public employee unions.  The court divided along partisan lines.  The bluntness of the majority opinion is something to behold.

IT IS FURTHER ORDERED that all orders and judgments of the Dane County Circuit Court in Case No. 2011CV1244 are vacated and declared to be void ab initio.  State ex rel. Nader v. Circuit Court for Dane Cnty., No. 2004AP2559-W, unpublished order (Wis. S. Ct. Sept. 30, 2004) (wherein this court vacated the prior orders of the circuit court in the same case). 

Declaring the orders of a trial court void ab initio is an unusual step for an appellate court.  It basically says that the trial court completely misconstrued the relevant law from the beginning, and is not to be trusted by the appellate court simply reversing the trial court and remanding the case back to the trial court.  Instead the Supreme Court ruled on all of  the issues in the case itself, with Judge Sumi now tossed out of the case by the action of the Supreme Court.  

This court has granted the petition for an original action because one of the courts that we are charged with supervising has usurped the legislative power which the Wisconsin Constitution grants exclusively to the legislature.  It is important for all courts to remember that Article IV, Section 1 of the Wisconsin Constitution provides:  “The legislative power shall be vested in a senate and assembly.”  Article IV, Section 17 of the Wisconsin Constitution provides in relevant part:  “(2) . . . No law shall be in force until published.  (3) The legislature shall provide by law for the speedy publication of all laws.”

You don’t get blunter than that in the law.  Judge Sumi is held by the Court to have usurped the power of the legislature!

The Court then notes that what Judge Sumi attempted to do, enjoin publication of a bill in order to prevent it from becoming law, was in direct defiance of a prior case decided by the Wisconsin Supreme Court: Continue reading

Of Special People and Common Idiots

Hattip to Christopher Johnson at Midwest Conservative Journal. With one of my sons being autistic, it is little surprise that one of my favorite charities is Special Olympics.  It allows people who too often spend much of life on the sidelines  to compete as athletes and to be admired for what they can accomplish in overcoming the handicaps that life has dealt them.  The whole Special Olympics program is magnificent for special people and their parents, relatives and friends.  One would think that such an organization would be respected by all.  I guess not. Continue reading

Scott Walker: Crusader Against Abortion


In all of the furor over Wisconsin Governor Scott Walker’s bill to curb the power of public employee union to careen the state of Wisconsin into insolvency, other stances of the Governor have been overlooked.  Leftist magazine Mother Jones notes in a current story that Walker is an ardent foe of abortion:

Walker, the son of a minister, attended Marquette University in Milwaukee from 1986 to 1990, where he served as chair of Students for Life. He dropped out of the school without graduating in 1990, and unsuccessfully ran for the Assembly that fall. He ran again in 1993 in a special election and won an Assembly seat representing Wauwatosa, a city just outside of Milwaukee. It didn’t take long for him to take up the abortion fight.

In November 1996, Walker and Assemblywoman Bonnie Ladwig R-Caledonia announced plans to introduce a bill banning “partial-birth” abortions, or what’s medically known as dilation and extraction. Anti-abortion groups have condemned the practice, but groups that back abortion rights argue the procedure could save a woman’s life in the case of severe late-term complications during a pregnancy. Walker said partial-birth abortions are “never needed” to save lives, adding, “This procedure is not a medically recognized procedure.” Continue reading

The Battle of Wisconsin

Last November the people of Wisconsin went to the polls and elected Republican Scott Walker governor and gave the Republicans a majority in both chambers of the state legislature.  Scott Walker, mirabile dictu, is actually delivering on what he promised to do in the campaign:

The proposal marks a dramatic shift for Wisconsin, which passed a comprehensive collective bargaining law in 1959 and was the birthplace of the national union representing all non-federal public employees.

In addition to eliminating collective-bargaining rights, the legislation also would make public workers pay half the costs of their pensions and at least 12.6 percent of their health care coverage — increases Walker calls “modest” compared with those in the private sector.

Republican leaders said they expected Wisconsin residents would be pleased with the savings the bill would achieve — $30 million by July 1 and $300 million over the next two years to address a $3.6 billion budget shortfall.

“I think the taxpayers will support this idea,” Fitzgerald said.

Wisconsin has long been a bastion for workers’ rights. But when voters elected Walker, an outspoken conservative, along with GOP majorities in both legislative chambers, it set the stage for a dramatic reversal of the state’s labor history.

Under Walker’s plan, state employees’ share of pension and health care costs would go up by an average of 8 percent.

Unions still could represent workers, but could not seek pay increases above those pegged to the Consumer Price Index unless approved by a public referendum. Unions also could not force employees to pay dues and would have to hold annual votes to stay organized.

In exchange for bearing more costs and losing bargaining leverage, public employees were promised no furloughs or layoffs. Walker has threatened to order layoffs of up to 6,000 state workers if the measure does not pass. Continue reading

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