Thursday, July 16, 2015

Wisconsin’s Shame: State Supreme Court Vindicates Victims of ‘John Doe’ Witch Hunt

Finds prosecutors raided conservatives’ homes to investigate constitutionally protected free speech.

In a ruling this morning, the Wisconsin Supreme Court rendered official what observers have long known: Wisconsin Democrats did, in fact, launch a massive, multi-county “John Doe” investigation of the state’s conservatives, featuring extraordinarily broad subpoenas and coordinated “paramilitary” raids of private homes; the “crimes” that provided the investigation’s pretext were not crimes at all, but First Amendment-protected speech; and the legal theory underpinning the investigation was bunk, “unsupported in either reason or law,” as the court put it. 

In two separate reports, National Review described these raids in detail. (The court cited our reports in its opinion.) On October 3, 2013, multiple Wisconsin conservatives were awakened by a persistent pounding on the door, their houses were illuminated by floodlights, and police — sometimes with guns drawn — poured into their homes. Once inside, the investigators turned the private residences of these innocent conservative citizens “upside down,” seeking an extraordinarily broad range of documents and information. These raids were supplemented by subpoenas that secured for investigators massive amounts of electronic information. The court was obviously disturbed:

 The breadth of the documents gathered pursuant to subpoenas and seized pursuant to search warrants is amazing. Millions of documents, both in digital and paper copy, were subpoenaed and/or seized.  Deputies seized business papers, computer equipment, phones, and other devices, while their targets were restrained under police supervision and denied the ability to contact their attorneys. The special prosecutor obtained virtually every document possessed by the Unnamed Movants relating to every aspect of their lives, both personal and professional, over a five-year span (from 2009 to 2013). Such documents were subpoenaed and/or seized without regard to content or relevance to the alleged violations of Ch. 11. As part of this dragnet, the special prosecutor also had seized wholly irrelevant information, such as retirement income statements, personal financial account information, personal letters, and family photos.


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