Lawsuit: No basis for anti-Walker ‘John Doe’ probe

Patrick Howley Political Reporter
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Wisconsin conservatives are fighting back in court against what they claim are politically motivated subpoenas filed against them by a crusading special prosecutor.

Inside sources tell The Daily Caller that the filings claim, among other things, that there is no statutory authority for appointing a special prosecutor under these circumstances, and therefore the entire proceeding should be abated.

Special prosecutor Francis Schmitz has subpoenaed documents from dozens of conservative groups related to their activities during the 2012 recall election of Republican Gov. Scott Walker, whose victory was a slap in the face to unions who tried to unseat him for abolishing collective bargaining rights in the state. Walker is up for re-election in 2014.

The so-called “John Doe” probe has led to home raids and reported intimidation of Walker allies.

The appellate court filing “Three Unnamed Petitioners v. [Judge] Gregory A Peterson” asserts that there is no specific statutory reference to allow for the appointment of a special prosecutor, which was made by a judge at the request of district attorneys.

Walker suggested in an interview with TheDC that the subpoenas are politically motivated.

“The story that broke in the Milwaukee paper initially came about the same time the Democrats announced their first opponent [to run against me],” Walker told TheDC reporter Alex Pappas Tuesday, referencing the first public story about the John Doe probe. “The timing of the story itself seemed odd.”

Schmitz did not return a request for comment.

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