It was nearly three years in coming, but justice finally prevailed in Wisconsin, as the state Supreme Court shut down a years-long politically motivated investigation, widely regarded as a witch hunt, targeting supporters of Governor Scott Walker and his landmark budget reforms.
Over the course of two harrowing years Wisconsin Watchdog bureau chief Matt Kittle, produced more than 200 news stories exposing this injustice. His groundbreaking investigative reporting chronicles the egregious civil rights abuses inflicted by Milwaukee County’s Democrat district attorney and his shadowy John Doe investigation against Governor Walker, his political supporters, and dozens of conservative groups.
Under Wisconsin’s unique John Doe procedure, a single judge vested with extraordinary power to compel witnesses to testify presides over the secret investigations. Targets and witnesses can go to jail for saying anything to anyone other than their attorneys about the John Doe. Several targets in this probe risked their freedom to tell their stories to Wisconsin Watchdog and make the investigation possible.
The ordeal goes back to May of 2010, when the Milwaukee County DA began investigating reports that money may have been stolen from a veterans’ fund in the Milwaukee County Executive’s office. Scott Walker was a county executive at the time, so democratic District Attorney John Chisholm used the discrepancy to launch a John Doe probe targeting a vast swath Walker aides, allies, and associates in his gubernatorial campaign. Even though Chisholm found nothing substantial beyond the financial discrepancy (which Walker reported himself anyways), the targeting would continue for five years.
“Wisconsin Watchdog first began hearing chatter about a possible probe into conservative groups in late September 2013,” says Kittle. “There was something big going down involving abuse of prosecutorial power, sources told us.” By late October, Wisconsin Watchdog had confirmed that the probe was targeting a number of conservative 501(c)(4) groups. The investigations were secret, however, and no one in official circles would confirm the existence of a John Doe. Many of those believed to be prosecuting the John Doe would not even return phone calls.
“At times it seemed almost impenetrable,” Kittle said. “One source would only meet at a fast-food restaurant 35 miles from his home. He would not talk on the phone.”
These sources had a lot of lose – they could have faced jail time for speaking in violation of the John Doe gag order – but they decided to trust Kittle, and that’s when the breakthrough happened. Wisconsin Watchdog reported on their accounts with the headline: “Sources: Secret probe targeting conservatives is abuse of prosecutorial powers.”
“This is not a question of what conservatives did wrong,” one source said in the report. “It’s a question of one party in this state using prosecutorial powers to conduct a one-sided investigation into conservatives.”
Soon news of the probe began garnering national attention. TheBlaze aired a feature segment on “For the Record,” which covered the D.A.’s investigation into conservative groups from the beginning, and drew directly from Wisconsin Watchdog’s extensive investigation. After a critical ruling by a judge quashed subpoenas into conservative groups, the Wall Street Journal Editorial Board broke a piece featuring previously unpublished, sealed court documents. National Review would also begin covering the probe.
The stories of those targeted in the John Doe are harrowing. We heard accounts of law enforcement engaged in predawn, paramilitary-style raids at the homes of citizens who found themselves treated like drug dealers and gang bangers for alleged campaign finance crimes. Children were locked in rooms while agents rooted through the family’s possessions, and targets were told that they could not contact their attorneys during the broad searches and seizures. A prosecutorial spying operation grabbed digital data from ISPs of untold numbers conservative citizens, some who had no idea they are or were targeted in the investigation.
This kind of thing should never happen in our country, and the Franklin Center’s Watchdog reporters put everything on the line to stop it.
Multiple courts have ruled the prosecutors did not have probable cause for launching the investigation. But finally the Wisconsin Supreme Court shut the investigation down for good, declaring that “the special prosecutor’s legal theory is unsupported in either reason or law,” and was motivated by a naked attempt to “investigate citizens who were wholly innocent of any wrongdoing.”
Wisconsin Watchdog’s exposure of the investigation, its tactics, and its politically-motivated origins provided the John Doe plaintiffs with the ammunition they needed to make their case and get the investigation shut down. Multiple courts on the way to the Supreme Court’s decision have cited Wisconsin Watchdog stories as they issued opinions to suspend the investigation and chastise prosecutors.
The case cannot be appealed further to Supreme Court on its merits because it is a state court ruling on a state law, said Rick Esenberg, president and general counsel at the Wisconsin Institute for Law and Liberty. John Doe prosecutors could appeal on the grounds that Wisconsin could not ethically and constitutionally rule on the case, but Esenberg says that is unlikely.
At long last, then, it appears the final nail has finally been pounded into John Doe’s coffin. “Wisconsin’s Secret War” is over.
The Franklin Center is proud to have been able to work with such courageous people to tell their stories and help them seek justice. But while we can take great pride in this victory, we know it’s only a matter of time until the next free speech battle. When that time comes, the Watchdog team has the experience and the expertise to prevail – provided citizens stand with us to make sure we are ready to fight again.