Freedom Line Blog

One of the more disturbing stories of political censorship of the past half-decade just came to a close in Wisconsin. The state’s Supreme Court ruled 4-2 on Thursday that a section of Wisconsin’s campaign finance law is “unconstitutionally overbroad and vague.” Moreover, the court said, a special prosecutor appointed by Milwaukee District Attorney John Chisolm to probe allegedly unlawful coordination between Governor Scott Walker and independent activist groups during the 2011 and 2012 statewide recall campaigns ended up investigating perfectly legal activities.

In short, the political fishing expedition against Badger State conservatives is finished.

Here are a few backgrounders on the investigation, which made prime targets of Wisconsin Club for Growth executive director Eric O’Keefe and at least 28 other activist groups.

A (very) short version: In 2013, the Milwaukee DA’s office and special prosecutor Francis Schmitz began hitting activists with subpoenas demanding everything from emails and memos to donor lists. As one judge would later put it, Schmitz’s subpoenas were “so extensive that they make the fruits of the legendary Watergate break-in look insignificant by comparison.” Although the subpoenas just happened to coincide with the beginning of Walker’s reelection campaign for governor, prosecutors denied any political motivation for the probe. (What? Did you think they would affirm a political motive?)

O’Keefe and Wisconsin Club for Growth sued Schmitz, et. al., contending the state’s investigation violated their First Amendment rights. A federal court last year agreed, halting a probe that had involved—among other things—SWAT teams conducting pre-dawn raids on citizens’ homes as if they were no different than drug peddlers or mob capos. Such abuses were made possible by Wisconsin’s “John Doe” law, which allows prosecutors to operate in secret—and thus without any meaningful public scrutiny or accountability.

As the Milwaukee Journal-Sentinel reports, “Large sections of court filings have been blacked out—which is highly unusual” because of the law, which lets prosecutors the power to compel people hand over documents and give testimony while forbidding them from speaking about the investigation with anyone except their lawyers. Such proceedings may be common in national security and certain criminal cases, but applying the law to a campaign-finance law investigation smacked of political persecution—which the court recognized.

Writing for the majority, Justice Michael Gableman blasted Schmitz’s conduct of the investigation and made a vigorous defense of political liberty. Here’s the key passage from the ruling:

It is utterly clear that the special prosecutor has employed theories of law that do not exist in order to investigate citizens who were wholly innocent of any wrongdoing. In other words, the special prosecutor was the instigator of a ‘perfect storm’ of wrongs that was visited upon the innocent Unnamed Movants and those who dared to associate with them. It is fortunate, indeed, for every other citizen of this great State who is interested in the protection of fundamental liberties that the special prosecutor chose as his targets innocent citizens who had both the will and the means to fight the unlimited resources of an unjust prosecution. Further, these brave individuals played a crucial role in presenting this court with an opportunity to re-endorse its commitment to upholding the fundamental right of each and every citizen to engage in lawful political activity and to do so free from the fear of the tyrannical retribution of arbitrary or capricious governmental prosecution. Let one point be clear: our conclusion today ends this unconstitutional John Doe investigation.(Emphasis added.)

Although Thursday’s ruling is a triumph for the First Amendment, a peculiar censorious instinct remains alive and well among Madison’s progressive elite. In dissent, Justice Shirley Abrahamson wrote her colleagues’ theme music ought to be “Anything Goes.”

“The majority opinion adopts an unprecedented and faulty interpretation of Wisconsin’s campaign finance law and of the First Amendment,” Abrahamson wrote. “In doing so, the majority opinion delivers a significant blow to Wisconsin’s campaign finance law and to its paramount objectives of ‘stimulating vigorous campaigns on a fair and equal basis’ and providing for ‘a better informed electorate.'” It’s hard to see how pre-dawn raids and secret proceedings lead to “fair and equal” campaigns or a “better-informed” electorate, rather than a chilled political climate where dissenters from received partisan wisdom risk incurring the wrath of zealous prosecutors.

Wisconsin’s legislature is turning its attention to overhauling the state’s campaign-finance laws. In particular, some Republicans would like to do away with the “John Doe” provisions. Eliminating arbitrary and capricious rules from the statute books shouldn’t be a partisan matter. Wisconsin has seen what a political prosecution looks like. Avoiding a repeat of such abuses would seem to be a cause both parties could support.

In a recent Freedom Minute video, we chronicled the decline in basic standards of decency and civility amongst America’s political class. And one of the examples we cited was Florida Congresswoman (and newly-installed DNC Chairwoman) Debbie Wasserman Schultz. Here’s one of Wasserman Schultz’s greatest hits, prompted when a television interviewer recently asked her about the Republican push to require photo identification at the polls in order to combat voter fraud:

[I]f you go back to the year 2000, when we had an obvious disaster and – and saw that our voting process needed refinement, and we did that in the America Votes Act and made sure that we could iron out those kinks, now you have the Republicans, who want to literally drag us all the way back to Jim Crow laws and literally – and very transparently – block access to the polls to voters who are more likely to vote Democratic candidates than Republican candidates. And it’s nothing short of that blatant.

Even the verbally incontinent chairwoman had to walk this one back, later explaining that “Jim Crow was the wrong analogy to use.” But while such thoughtless mistakes can be expected from the congenitally inept Wasserman Schultz, former President Bill Clinton doesn’t have that excuse. Here’s what Clinton told a group of young liberal activists gathered in the nation’s capital today, according to Politico:

“I can’t help thinking since we just celebrated the Fourth of July and we’re supposed to be a country dedicated to liberty that one of the most pervasive political movements going on outside Washington today is the disciplined, passionate, determined effort of Republican governors and legislators to keep most of you from voting next time,” Clinton said at Campus Progress’s annual conference in Washington.

“There has never been in my lifetime, since we got rid of the poll tax and all the Jim Crow burdens on voting, the determined effort to limit the franchise that we see today,” Clinton added.

If Clinton wants to bask in the adulation of being an elder statesman, he ought to begin acting like one. He knows that saying Republicans across the nation want to suppress the vote is a baseless attack on the character of decent men and women. Republicans want to suppress voter fraud, a goal that Democrats profess to share (in practice, however, they’ve done little to effectuate it).

Debating the means by which we attain that end is an utterly justifiable pursuit. But tarring the opposition to score cheap applause from the Daily Kos’s farm team? That’s just not presidential. Of course, why start now?