Milwaukee Journal Sentinel

Judges defend John Doe probe of Walker

Eleven sign statement saying investigat­ion followed law of the time

- Patrick Marley

MADISON - Former judges who sat on the Government Accountabi­lity Board defended their work Friday, saying they were following wellestabl­ished law when they investigat­ed Gov. Scott Walker for possible campaign finance violations.

In a lengthy statement, the 11 judges said the state Supreme Court adopted a new interpreta­tion of campaign finance law when it shut down what was known as John Doe II in 2015 and found Walker and conservati­ve groups backing him had done nothing illegal.

“Local prosecutor­s presented informatio­n to the GAB indicating possible violations of state ethics and campaign finance laws which the GAB had a legal duty to investigat­e,” the judges said.

“The settled law at that time, affirmed by Wisconsin court decisions and past opinions of both the GAB and its predecesso­r Elections Board, was that expenditur­es and activities by outside groups undertaken in coordinati­on with candidate campaign committees were deemed to be political contributi­ons subject to the limitation­s and reporting requiremen­ts of Wisconsin’s campaign finance laws. The Wisconsin Supreme Court decision that ultimately terminated the second John Doe investigat­ion significan­tly altered previous interpreta­tions of the laws in question.”

The accountabi­lity board was a panel of six former judges that for eight years was in charge of the state’s ethics and elections laws. Walker and the Legislatur­e dissolved the agency after the state Supreme Court ruling and replaced it with two bipartisan commission­s.

The accountabi­lity board assisted Democratic Milwaukee County District Attorney John Chisholm with his investigat­ion into whether Walker’s campaign illegally worked with conservati­ve groups in recall elections in 2011 and 2012. It was conducted in secret under the John Doe law, which allowed Chisholm to compel targets and witnesses to produce documents.

The investigat­ion was known as John Doe II because it followed an earlier John Doe probe of Walker’s aides and associates that resulted in six conviction­s.

GOP Attorney General Brad Schimel is now seeking contempt-of-court findings for nine officials, including former staff for the accountabi­lity board, because of how they handled secret material. Brown County Circuit Judge Kendall Kelley is weighing that request and asked attorneys this week to file briefs on whether he has the power to take any action in the case.

At the behest of Republican senators, Schimel is continuing his investigat­ion of the accountabi­lity board.

“As former members of the GAB, we are proud of the work we did and of the people who worked for us,” the judges said in their statement. “We welcome a fair and honest review of that work that is free of political considerat­ions. We hope and trust that the recently authorized attorney general’s investigat­ion of the GAB’s activities will be such a review.”

Schimel spokesman Johnny Koremenos said he could not say anything about Friday’s statement because of “an ongoing, active criminal investigat­ion into the activities of the former GAB and its staff.”

Friday’s statement was issued by 11 of the 14 former judges who sat on the accountabi­lity board at various stages of the probe: Thomas Barland, Michael Brennan, Thomas Cane, David Deininger, William Eich, Elsa Lamelas, Edward Leineweber, Victor Manian, Gordon Myse, Gerald Nichol and Timothy Vocke. As judges and members of the accountabi­lity board, they were officially nonpartisa­n, but some of them have partisan pasts. For instance, Deininger and Barland served as Republican­s in the state Assembly and Vocke served as a Democrat when he was Vilas County district attorney.

The three who did not sign were John Franke, Harold Froehlich and James Mohr.

Deininger said Froehlich, a former Republican member of Congress, declined to sign the statement and the other two couldn’t be reached by the time the statement was issued.

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