[EL] Wisconsin John Doe ruling

Thu Jul 16 06:54:49 PDT 2015

Just to be clear, this is the interpretation of the law by the general
counsel of the Wisconsin state agency charged with enforcing the state's
election laws.

*Tyler Creighton* | tyler at rethinkmedia.org  |  Media Associate
ReThink Media <http://rethinkmedia.org> | (925) 548-2189 mobile
@ReThinkDemocrcy <https://twitter.com/rethinkdemocrcy> | @ReThink_Media
<https://twitter.com/rethink_media> | @TylerCreighton
<http://www.twitter.com/tylercreighton>

On Thu, Jul 16, 2015 at 9:38 AM, Steve Hoersting <hoersting at gmail.com>
wrote:

> Tyler,
>
> Don't you know you are not only wrong on the law of coordination,  you're
> on the wrong side of history?
>
> By all means, do keep speaking.
>
> It's your right do so...
>
> And others need to understand: Some actually condone the acts in
> Wisconsin.
>
> Cordially,
>
> Steve Hoersting
> On Jul 16, 2015 9:32 AM, "Tyler Creighton" <tyler at rethinkmedia.org> wrote:
>
>> The state's top election official has warned *the ruling could have dire
>>> consequences for state laws aimed at allowing the public to know who pays
>>> for election campaigns and how much can be donated by wealthy interests.* Candidates
>>> in Wisconsin could have direct control over millions of dollars in
>>> corporate contributions and operate secret committees under a judge’s
>>> interpretation of campaign finance law that the state Supreme Court
>>> affirmed.
>>
>>
>> “Affirming the John Doe judge’s interpretation of Wisconsin law regarding
>>> coordination *would result in candidate’s direct control over millions
>>> of dollars of undisclosed corporate and individual contributions without
>>> limitation on the amounts accepted*,” Kevin Kennedy, the director and
>>> general counsel of the state’s Government Accountability Board said in the
>>> court affidavit. “A candidate could operate secret committees and direct
>>> them to run overwhelming and negative advertising, while the candidate
>>> remains above the fray and the public would not know the true source of the
>>> contributions and expenditures.”
>>
>>
>>
>> http://host.madison.com/wsj/news/local/govt-and-politics/article_50f22c3b-27c9-5906-92e8-ded75ed50954.html#.Vaer_5MmWmU.twitter
>>
>> CMD's Mary Bottari also has great background on this case here:
>> http://www.prwatch.org/news/2015/07/12885/disappearance-john-doe
>>
>> *Tyler Creighton* | tyler at rethinkmedia.org  |  Media Associate
>> ReThink Media <http://rethinkmedia.org> | (925) 548-2189 mobile
>> @ReThinkDemocrcy <https://twitter.com/rethinkdemocrcy> | @ReThink_Media
>> <https://twitter.com/rethink_media> | @TylerCreighton
>> <http://www.twitter.com/tylercreighton>
>>
>> On Thu, Jul 16, 2015 at 9:28 AM, Steve Hoersting <hoersting at gmail.com>
>> wrote:
>>
>>> Hear! Hear!
>>>
>>> What can one add? Except to say these statements cannot be said often
>>> enough.
>>>
>>> Thank you, Eric O'Keefe. Western Civilization owes you a debt of
>>> gratitude.
>>>
>>> Steve
>>>  On Jul 16, 2015 9:23 AM, "David Keating" <dkeating at campaignfreedom.org>
>>> wrote:
>>>
>>>> ¶133 Our lengthy discussion of these three cases can be distilled into
>>>> a few simple, but important, points.  It is utterly clear that the special
>>>> prosecutor has employed theories of law that do not exist in order to
>>>> investigate citizens who were wholly innocent of any wrongdoing.   In other
>>>> words, the special prosecutor was the instigator of a "perfect storm" of
>>>> wrongs that was visited upon the innocent Unnamed Movants and those who
>>>> dared to associate with them.  It is fortunate, indeed, for every other
>>>> citizen of this great State who is interested in the protection of
>>>> fundamental liberties that the special prosecutor chose as his targets
>>>> innocent citizens who had both the will and the means to fight the
>>>> unlimited resources of an unjust prosecution.  Further, these brave
>>>> individuals played a crucial role in presenting this court with an
>>>> opportunity to re-endorse its commitment to upholding the fundamental right
>>>> of each and every citizen to engage in lawful political activity and to do
>>>> so free from the fear of the tyrannical retribution of arbitrary or
>>>> capricious governmental prosecution.  Let one point be clear: our
>>>> conclusion today ends this unconstitutional John Doe investigation.
>>>>
>>>>
>>>>
>>>> David
>>>>
>>>> _________________________________________________
>>>>
>>>> David Keating | President | Center for Competitive Politics
>>>>
>>>> 124 S. West Street, Suite 201 | Alexandria, VA 22314
>>>>
>>>> 703-894-6799 (direct) | 703-894-6800 | 703-894-6811 Fax
>>>>
>>>> www.campaignfreedom.org
>>>>
>>>>
>>>>
>>>> *From:* law-election-bounces at department-lists.uci.edu [mailto:
>>>> law-election-bounces at department-lists.uci.edu] *On Behalf Of *David
>>>> Keating
>>>> *Sent:* Thursday, July 16, 2015 9:03 AM
>>>> *To:* law-election at UCI.edu
>>>> *Subject:* [EL] Wisconsin John Doe ruling
>>>>
>>>>
>>>>
>>>> ¶11  To be clear, this conclusion ends the John Doe investigation
>>>> because the special prosecutor's legal theory is unsupported in either
>>>> reason or law.  Consequently, the investigation is closed.  Consistent with
>>>> our decision and the order entered by Reserve Judge Peterson, we order that
>>>> the special prosecutor and the district attorneys involved in this
>>>> investigation must cease all activities related to the investigation,
>>>> return all property seized in the investigation from any individual or
>>>> organization, and permanently destroy all copies of information and other
>>>> materials obtained through the investigation.  All Unnamed Movants are
>>>> relieved of any duty to cooperate further with the investigation.
>>>>
>>>>
>>>>
>>>>
>>>> http://wicourts.gov/sc/opinion/DisplayDocument.html?content=html&seqNo=144525
>>>>
>>>>
>>>>
>>>> Our statement:
>>>>
>>>>
>>>> http://www.campaignfreedom.org/2015/07/16/ccp-reaction-to-john-doe-decision/
>>>>
>>>>
>>>>
>>>> "The First Amendment rights of the John Doe victims were trampled on
>>>> for far too long, and while this decision ends a sorry chapter, great
>>>> damage was done," said Brad Smith, CCP Chairman. "For three years, American
>>>> citizens were gagged, intimidated and forced to pay a heavy price for
>>>> simply speaking out about government. Their speech was suppressed, their
>>>> lives were disrupted, their reputations were damaged and bank accounts
>>>> squeezed by legal bills in order to defend their rights in court. The
>>>> Wisconsin Legislature and legislatures throughout the country should pass
>>>> reforms to ensure this can never happen to anyone else. This investigation
>>>> illustrates how campaign finance laws are used to harass political
>>>> opponents and it shows the need for the Courts to uphold robust First
>>>> Amendment rights and develop clear, bright line rules for Constitutionally
>>>> protected political activity, to defend American citizens against such
>>>> abuses."
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> David
>>>>
>>>> _________________________________________________
>>>>
>>>> David Keating | President | Center for Competitive Politics
>>>>
>>>> 124 S. West Street, Suite 201 | Alexandria, VA 22314
>>>>
>>>> 703-894-6799 (direct) | 703-894-6800 | 703-894-6811 Fax
>>>>
>>>> www.campaignfreedom.org
>>>>
>>>> _______________________________________________
>>>> Law-election mailing list
>>>> Law-election at department-lists.uci.edu
>>>> http://department-lists.uci.edu/mailman/listinfo/law-election
>>>>
>>>
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>>
>>
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