http://www.vox.com/2014/6/20/5825162/scott-walker-john-doe-criminal-scheme
If you got the impression from some early coverage that prosecutors were newly closing in on Walker — that's wrong. Instead, prosecutors are fighting for court permission to use the evidence they think they need to build a case. And so far, two judges have refused their requests.
Importantly, no charges have been filed against anyone, and none appear imminent. Most of the legal wrangling so far has focused instead on whether prosecutors had probable cause to raid and subpoena documents from the consultants and nonprofit groups they believe to be involved.
The prosecutors claim that Walker, too, was involved — as one piece of evidence, they cite a May 4, 2011 email from Walker to Karl Rove, which states, "Bottom-line: R.J. helps keep in place a team that is wildly successful in Wisconsin. We are running 9 recall elections and it will be like running 9 Congressional markets in every market in the state (and Twin Cities)." But as the Washington Post notes, "the super PAC [Rove] co-founded, American Crossroads, was not involved in the Wisconsin recall races."
except the libs here on PJ and everywhere else.Now, no one is claiming that this is enough evidence to convict anyone of a crime — or even to file charges.
About a month after the subpoenas went out, the judge who had approved them, Barbara Kluka,recused herselffrom the case for unknown reasons, so judge Gregory Peterson replaced her. And in January 2014, Peterson ruled that the subpoenas should never have gone out, writing that prosecutors failed "to show probable cause that a crime was committed." He wrote that since the outside groups only funded issue ads, the coordination the prosecutors purported to show was fact perfectly legal.
In February 2014, the Wisconsin Club for Growth and its director Eric O'Keefe filed a federal lawsuit. They alleged that the prosecutors' unjustified investigation and subpoenas had violated their First Amendment rights to free speech — chilling their group's fundraising and crippling its ability to advocate in this year's elections.
In May, federal district court judge Rudolph Randa agreed. "The plaintiffs have been shut out of the political process, merely by association with conservative politicians," Randa wrote, in a fiery opinion. "This cannot square with the First Amendment and what it was meant to protect."
He agreed with Judge Peterson's ruling that the subpoenas were unjustified, because the groups only aired perfectly legal issue ads. Furthermore, Randa wrote, "The theory of 'coordination' forming the basis of the investigation... is not supported under Wisconsin law, and, if it were, would violate the United States Constitution."
Overall, the documents released Thursday provide new information on the case prosecutors sought to make, and what evidence they initially had. But they don't indicate any new substantive development in the investigation. Until prosecutors get permission from both federal and state courts to use the documents they subpoenaed, charges seem unlikely to be filed.