In a huge victory for the First Amendment, a Wisconsin federal judge has ordered a halt to a wide-ranging secret prosecutorial probe aimed at groups supporting Gov. Scott Walker. From pp. 1-2 of the court opinion (which is short enough to read, here): “Defendants instigated a secret John Doe investigation replete with armed raids on homes to collect evidence that would support their criminal prosecution.” Judge Rudolph Randa goes on to cite stunningly abusive conduct by the secret prosecutors and law enforcers under their command. (This article has more on Wisconsin’s distinctively broad law allowing so-called John Doe proceedings intended to determine whether a crime has been committed.)
“The subpoenas’ list of advocacy groups indicates that all or nearly all right-of-center groups and individuals in Wisconsin who engaged in issue advocacy from 2010 to the present are targets of the investigation,” the judge writes. At the homes of targets across the state in the predawn hours of Oct. 3, 2013, “Sheriff deputy vehicles used bright floodlights to illuminate the targets’ homes. Deputies executed the search warrants, seizing business papers, computer equipment, phones, and other devices, while their targets were restrained under police supervision and denied the ability to contact their attorneys.” Target groups were also ordered to turn over essentially their entire records of public advocacy activity over a period of years.
I covered the probe and raids earlier at Overlawyered here, here, and most recently here. One of the most remarkable and harsh aspects of the raids was that they included gag orders forbidding the targets to talk about the episode with anyone other than their lawyers. That is one reason the story seeped out to the public only slowly and partially over a period of months. The Wall Street Journal editorial page helped bring the raids to national attention a month and a half after they took place, and has continued to follow the story since.
The citizens of Wisconsin must now demand a full accounting of how these raids could have happened. They should also insist on changes in state law, in particular the “John Doe” law, aimed at ensuring that nothing like them ever happens again.