The latest John Doe Probe on allegations of illegal coordination between campaigns (Scott Walker, et. al.) and dark money groups might not be as dead as the bought and paid for Justices on the Wisconsin State Supreme Court believe.
Yes, the 4 Justices that received massive support from those same groups that were involved, refused to recuse themselves from the case, or even hold a hearing, thought they killed the John Doe by deciding in favor of the dark money groups (big surprise - not) that brought the case. They even ordered that evidence collected by the prosecutors be returned or destroyed.
Yet, John Doe II might have more than just a spark of life.
A special prosecutor has asked Wisconsin's high court to reconsider its decision to end an investigation into Gov. Scott Walker's campaign, in a sign he is considering taking the matter to the U.S. Supreme Court.Special prosecutor Francis Schmitz also asked the state Supreme Court on Tuesday to stay its ruling last month ending the probe and requiring him to destroy evidence he collected in the investigation, according to online court records.
Such requests are typical for those contemplating appeals because litigants usually want to show higher courts they have tried to get any remedies they can from lower courts. The U.S. Supreme Court is the only place Schmitz can go for an appeal, and the nation's high court takes only a tiny fraction of the cases presented to it.
(bolding is mine)Now, don't get excited. The Wisconsin Supremes aren't going to reverse themselves and put their dark money benefactors in any position that's not beneficial. This is simply the first step required before actually asking the US Supreme Court to hear a case. You have to demonstrate that you've exhausted all your other options.
This is the first step.
Frances Schmitz, a Republican who led the second John Doe Probe, focused his recusal requests on the two Justices whose elections received massive support from the dark money groups under investigation.
The Wisconsin Club for Growth spent $507,000 for Michael Gableman and $520,000 for David (the Choker) Prosser. Wisconsin Manufacturers & Commerce spent $1.8 million for Gableman and $1.1 million for Prosser. Citizens for a Strong America (an astroturf group completely funded by Wisconsin Club for Growth) spent $985,000 for Prosser.
The other 2 RW Justices were supported to a lesser degree by those same dark money groups.
None of the RW Justices recused themselves although Justice Ann Bradley recused herself because her son worked at a law firm that did some work for one of the groups in the past.
I'm hoping the US Supremes will hear the case. Even in the Citizens United decision, Justice Kennedy made a point about the need for complete separation between campaigns and dark money groups, something that the Wisconsin State Supreme Court has now made legal.
Breaking news on John Doe I below the cheese curl.