John doe prosecutor: "Schmitz said he intends to pursue a U.S. Supreme Court appeal regardless."
"Schmitz had asked that Gableman and Prosser recuse themselves because their campaigns for the high court benefited from millions of dollars spent by at least three groups that were under investigation. The court denied the request, forming the basis for a potential appeal to the U.S. Supreme Court.
They also wrote that the July opinion effectively terminated Schmitz's appointment as a special prosecutor, although he had a right to file his motions for reconsideration and a stay because that ruling didn't order him to stop acting as the lead prosecutor.
Under Wednesday's clarification, the "prosecution team" can appeal to the U.S. Supreme Court. Justice Shirley Abrahamson wrote in dissent that the opinion doesn't define "prosecution team," leaving it unclear as to who can petition the nation's highest court.
She added that the investigation should continue to determine whether coordination on express advocacy took place, saying prosecutors focused on ferretting out coordination and never limited themselves to issue advocacy."
http://www.omaha.com/news/nation/supreme-court-won-t-restart-probe-of-walker-recall-campaign/article_9df14798-1725-5e19-804e-d4a5177f8e6e.html