Federal appeals court stays ruling halting Doe probe into Walker recall
Source: Milwaukee Journal Sentinel
Less than 24 hours after a federal judge halted a probe into conservative groups and the campaign of Gov. Scott Walker, an appeals court blocked that ruling allowing prosecutors to keep material they have gathered in the case.
The three-judge panel of the 7th Circuit Court of Appeals in Chicago provided a means for U.S. District Rudolph Randa in Milwaukee to reissue his preliminary injunction stopping the investigation, but it said he cannot order prosecutors to destroy evidence they have collected so far.
Also Wednesday, Randa ruled a coalition of five media groups could intervene in the case in its attempt to unseal hundreds of pages of court filings that have been blacked out. He gave all sides a week to object to making that material public.
Randa's earlier decision, issued late Tuesday, essentially cleared conservatives of illegal campaigning in Wisconsin's 2011 and 2012 recall races by saying the long-running John Doe investigation into campaign spending and fundraising appeared to violate the Wisconsin Club for Growth's free speech rights. Randa's ruling rated as no less than stunning by Democrats and Republicans alike called for the destruction of the evidence in the case and seemingly eliminated a key obstacle to the GOP governor's 2014 re-election campaign and 2016 presidential hopes.
But the appeals panel stayed Randa's order stopping the investigation, saying he did not have the authority to do that because prosecutors had already appealed an earlier decision in the case. Randa could issue his injunction only if he certified the appeal as frivolous, and he never ruled on that point though he had recently written he was inclined to believe it is frivolous.
Read more: http://www.jsonline.com/news/statepolitics/halt-to-john-doe-probe-lifts-obstacle-to-scott-walker-re-election-bid-b99264574z1-258293621.html
Nice try, Scotty.
Bjorn Against
(12,041 posts)Calling for an end to the investigation would be one thing, it would be a bad decision but not necessarilly an abuse of power. Ordering the destruction of all evidence is an abuse of power however, they really need to make it easier to remove judges like him from the bench.
Demeter
(85,373 posts)Which century and country is this?
Gothmog
(145,130 posts)This means that the investigation can proceed
Bjorn Against
(12,041 posts)Read the second paragraph where it says the judge can still issue an injunction stopping the investigation, he just can't order the destruction of evidence gathered. It is good news that the evidence won't be destroyed, but that judge is still going to hinder the investigation and buy Walker more time.
Gothmog
(145,130 posts)Such a ruling would be easy to appeal and to get another stayed. This is from the article cited above
Even before Tuesday's ruling, prosecutors had appealed the case. In a filing Monday, they asked the appeals court to halt proceedings before Randa as they argued the case should be dismissed.
In their latest filing, they contended Randa did not have the ability to issue Tuesday's decision because of their earlier appeals and noted Randa issued his ruling without holding a hearing.
"The order was issued without jurisdiction and is void for that reason," they wrote.
The appeals court consists of 14 judges. Like most cases, this one will be decided by a randomly chosen 3-judge panel.
Seven years ago, a panel from that court reversed Randa in another criminal case with strong political overtones.
In April 2007, the appeals court ruled that state purchasing supervisor Georgia L. Thompson was wrongly convicted of making sure a state travel contract went to a firm linked to Democratic Gov. Jim Doyle's re-election campaign.
Read more from Journal Sentinel: http://www.jsonline.com/news/statepolitics/halt-to-john-doe-probe-lifts-obstacle-to-scott-walker-re-election-bid-b99264574z1-258293621.html#ixzz314jxcDoP
This judge is playing political games and overreached. The court of appeals has slapped him down already and appears to be ready to do so again. I read the ruling from the appeals court as telling this judge that he went too far.
Bjorn Against
(12,041 posts)It is extremely important that they ruled he can not order the destruction of evidence, they did still leave the door open to him to stop the investigation at least on a temporary basis however. You may well be right that the appeals court will slap him down again at some point later, but he will likely be able to put a temporary halt to the investigation which will delay any attempts at prosecution for who knows how long.
mindwalker_i
(4,407 posts)that judge should get the fuckin' chair for that!
NYtoBush-Drop Dead
(490 posts)in the scalia mold.
Jake Stern
(3,145 posts)Rulings are on Walker and CFGs side. I predict 5-4 against the prosecution.
Thor_MN
(11,843 posts)The members can say whatever the hell they want, but the club has no First Amendment rights to free speech. Investigation in no way prevents anyone from saying anything, so Rethug Rudy Randa's ruling is ridiculous.
GeorgeGist
(25,319 posts)anyone would consider Scott Walker as presidential material.
silvershadow
(10,336 posts)Pharaoh
(8,209 posts)And put it all on the web. We want transparency, they want dark secrets.......