[EL] Wisconsin John Doe ruling

Thu Jul 16 07:44:25 PDT 2015

“It comes as no surprise that a court elected with $10 million in support
from the same dark money groups under investigation would overturn years of
precedent and open the door to unlimited secret funds in Wisconsin
elections, fully coordinated with candidates,” said Brendan Fischer,
General Counsel of the Center for Media and Democracy.

http://www.prwatch.org/news/2015/07/12886/cmd-denounces-corrupt-john-doe-ruling-conflicted-court

*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 10:28 AM, Smith, Brad <BSmith at law.capital.edu>
wrote:

>  And just to be clear, the opinion is the interpretation of the law by
> the Supreme Court of Wisconsin, charged with protecting the rule of law and
> the rights of Wisconsin citizens.
>
>  If we're being snarky and all...
>
>  *Bradley A. Smith*
>
> *Josiah H. Blackmore II/Shirley M. Nault*
>
> *   Professor of Law*
>
> *Capital University Law School*
>
> *303 E. Broad St.*
>
> *Columbus, OH 43215*
>
> *614.236.6317 <614.236.6317>*
>
> *http://law.capital.edu/faculty/bios/bsmith.aspx
> <http://law.capital.edu/faculty/bios/bsmith.aspx>*
>   ------------------------------
> *From:* law-election-bounces at department-lists.uci.edu [
> law-election-bounces at department-lists.uci.edu] on behalf of Tyler
> Creighton [tyler at rethinkmedia.org]
> *Sent:* Thursday, July 16, 2015 9:54 AM
> *To:* Steve Hoersting
> *Cc:* law-election at UCI.edu
> *Subject:* Re: [EL] Wisconsin John Doe ruling
>
>   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
>>> <%28925%29%20548-2189> 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
>>>>>
>>>>
>>>> _______________________________________________
>>>> Law-election mailing list
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>>>> http://department-lists.uci.edu/mailman/listinfo/law-election
>>>>
>>>
>>>
>
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