July 16, 2015

"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."

I wanted to highlight that passage from the Wisconsin Supreme Court's decision ending the John Doe investigation. There is much more from the opinion in my earlier post.

My paraphrase: Thanks to the brave few who fight for their rights. They benefit everyone, including those of us who'd cave to the forces of overbearing government. The court appreciates the opportunity to say what rights are, so that the timid as well as the brave can experience freedom.

ADDED: My paraphrase is skewed toward issues character — timidity and bravery. But Justice Gableman wrote "the will and the means." It's not just: Thank God these people were brave enough to fight. It's also: Thank God these people were rich enough to fight. The rights established by litigation by those with the means to fight are enshrined in doctrine that protects the rest of us. The critic will (of course) say that the rights the courts manage to find are the rights that are useful to the wealthy.

62 comments:

damikesc said...

O'Keefe et all should be thanked for facing this down. It's not easy to fight the state.

WisRich said...

My paraphrase: Thanks to the brave few who fight for their rights. They benefit everyone, including those of us who'd cave to the forces of overbearing government. The court appreciates the opportunity to say what rights are, so that the timid as well as the brave can experience freedom..

A thousand times yes.

Swifty Quick said...

I'm wondering if the powers that be would ever have allowed this to go on this long and get this far if the roles had been reversed.

cf said...

Out of Wisconsin, all things American are made new, I am so grateful for these brave souls.

Godspeed, America

Humperdink said...

I have only followed this from the periphery, but I hope their are financial repercussions and/or criminal charges.

Alexander said...

You know, you hear from time to time that party platforms are arbitrary - that there is no reason why everyone who supports policy X with regards to Y would inherently support A with regard to B.

But you know, it makes absolutely perfect sense that the group that wants to ban private citizens having guns matches so well with the group that wants a ban through taxation of private citizens having wealth - both are weapons against government aggression.

Original Mike said...

""Our lengthy discussion of these three cases can be distilled into a few simple, but important, points. 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. "

But will there be any repercussions? Of course not. What a fucking travesty.

Anonymous said...

Is there any push back against the gag orders applied to the victims of the State that prevent them from even revealing that they are being punished before being found guilty of anything?

Matt Sablan said...

The "and means" part is why the special prosecutors who abused their privilege need to be economically broken by this. As an example to the others.

Tyrone Slothrop said...

It is way past time for prosecutors to be held financially liable for court costs incurred by defendants who are found not guilty. This should be true for criminal defendants as well as civil defendants. There are far too many cases of prosecutors trying to roll up political mileage on the backs of innocent defendants. The Duke lacrosse team scandal comes to mind. Prosecutors have nothing to lose by bringing these cases, and win by financially destroying even those defendants who are found not guilty. They need to have skin in the game.

Freeman Hunt said...

I tried to post this on Facebook, and I got this message:

"Sorry, this feature isn't available right now
An error occurred while processing this request. Please try again later.
If you think you're seeing this by mistake, please let us know."

That's odd, so I clicked "please let us know," which was a link, and got this message:

"Facebook Blocks
To help keep Facebook safe, we sometimes block certain content and actions. Please let us know if you think we've made a mistake in this case.
Please explain why you think this was an error
Thanks for taking the time to submit a report. While we don't reply to every report, we'll let you know if we need more details."

Say what?

Dan Hossley said...

Justice hasn't been served until the perps, in this case the prosecutor et. al, are in jail.

Matt Sablan said...

Freeman Hunt: Try again in a few minutes. Facebook sometimes just craps out like that [I got the same error a few days ago reposting, I think it was a Nasa tweet about Pluto; it went through on the second attempt.]

Larry J said...

Original Mike said...

But will there be any repercussions? Of course not. What a fucking travesty.


What, hold a prosecutor, especially a Democrat prosecutor, responsible for his actions? Why, that's just crazy talk!

Isn't it time for the Wisconsin legislature to modify or abolish those John Doe laws now that the state supreme court has ruled? It might be a good time to consider a special prosecutor to look into the special prosecutor. Let him feel the heat for a while and see how he likes it. Maybe also the judge that rubber stamped those search warrants. I know, I know - crazy talk.

Bob Ellison said...

Freeman Hunt, you tried to post a link to this blog item?

I've read it twice and can't find anything a filter-bot would tag. Maybe they're just filtering althouse.blogspot.com.

Sammy Finkelman said...

I think it would more accurate to say that the special prosecutor didn't limit himself to people whjo would not, or could not, fight back - although that might be because certain people were just simply to important to the people sponsoring this.

If they had waited till a politically quiet period, and then gone only after absolutely new people, there would have been some danger of this stopping things.

That's what happened in Ohio.

https://en.wikipedia.org/wiki/McIntyre_v._Ohio_Elections_Commission

Margaret McIntyre, a taxpayer, passed out pamphlets that opposed a proposed school tax. The Ohio Elections Commission found her guilty of violating Ohio Code § 3599.09(A), which forbade "the distribution of campaign literature that does not contain the name and address of the person or campaign official issuing the literature."[1] The Board fined her.[1]

http://caselaw.findlaw.com/us-supreme-court/514/334.html

David Begley said...

How much did the defense cost?

Estimate?

Freeman Hunt said...

Matthew, thank you. It went through. I think it went through on about my thirtieth, angry click.

Owen said...

Alexander said (10:00 AM):

"...But you know, it makes absolutely perfect sense that the group that wants to ban private citizens having guns matches so well with the group that wants a ban through taxation of private citizens having wealth - both are weapons against government aggression."

Beautifully said.

Bryan C said...

"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."

We usually refer to such things "felonies". Except when the perpetrator has immunity from the law under a title of nobility, like "Baron" or "Viscount" or "Special Prosecutor".

Original Mike said...

"But Justice Gableman wrote "the will and the means." It's not just: Thank God these people were brave enough to fight. It's also: Thank God these people were rich enough to fight. "

Wealth is a boon to society. Those who denigrate it out of envy or for political gain impoverish us all.

Gusty Winds said...

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances"

The citizens of Wisconsin understand these simple words, and so do the majority of the Supreme Court Justices they elected.

Sammy Finkelman said...

See also TALLEY v. CALIFORNIA, (1960)

http://caselaw.findlaw.com/us-supreme-court/362/60.html#64

Owen said...

Tyrone Slothrop (at 10:10) said:

"...Prosecutors have nothing to lose by bringing these cases, and win by financially destroying even those defendants who are found not guilty. They need to have skin in the game."

I agree but won't hold my breath waiting for legislatures to limit the legal immunity these people enjoy. As always the integrity of a system depends on the integrity of the individuals within it. A few sleazebags can wreck it for everyone, and if I were a lawyer in the Wisconsin government I would be mighty irked right now at what my "colleagues" had done to my professional standing.

What's needed, inter alia, is some moral suasion. Make Chisholm and creatures like him a laughingstock. Set up a website for Biggest Abuses of Process Evar. Post pictures. Tell stories. Name names. Give prizes for the best essay on why this has damaged our polity.

Bob Ellison said...

I'm still curious. If Facebook went down for five minutes, the world would know. That was not a bug; it was a feature. It would not have given a verbose error return in response to a simple server problem.

I want to know how Facebook failed to post whatever it was. Maybe Althouse is on the badlist.

I just posted the main URL (http://althouse.blogspot.com) successfully on my little-used Facebook page.

Maybe Freeman Hunt is on the badlist.

glenn said...

Owen is right. Name and shame.

traditionalguy said...

The Chicago politics meets the Wisconsin politics, and Chicago lost.

But it is the Madison "public Employees" who should be ashamed of using Chicago thug methods under a cover of self righteousness educated elites.

Anonymous said...

Has a suicide alert been issued for Garage?

Headless Blogger said...

Judge Randa ruled last year that since there were no charges, there was no prosecution. Therefore, Johnny Chisholm & The Does are not Prosecutors, they are investigators. Hence no prosecutorial immunity for you.

Headless Blogger said...

So does Dan Bice have to destroy his copy of investigation files, too?

Rick said...

I suspect this will propel Walker up in the polls. He can show he was persecuted by a rogue official and still won. Consider this in conjunction with the disastrous recall election.

Has there ever been a politician anywhere whose opponents inadvertently contributed so much to his political success?

khesanh0802 said...

Love the opinion. No shilly-shallying here. Hit 'em hard , hit' em often. No wobbly lawyerese! We still have some right to prevent the government from running roughshod over us. I hope a lot of courts in the country gain some courage from this case.

Christopher B said...
This comment has been removed by the author.
Firehand said...

Now, when there are actions to disbar every lawyer involved, followed by prosecution for abuse of authority, etc., THEN we'll know if Wisconsin actually gives a damn.

And the cops. Don't forget them. The ones who accepted direction to, and gave the orders for, in-the-dark-of-night raids for political purposes. They should lose their badges, and be open to civil suits.

Owen said...

Rick said (11:04 AM):

"Has there ever been a politician anywhere whose opponents inadvertently contributed so much to his political success?"

It is a remarkable conjunction of astral forces, isn't it? Only in (rejected) B movie plot proposals do things line up this incredibly.

It must make the outcome particularly galling for Walker's opponents. The harder they punch, the worse they get hit.

See also: Acme Pyrotechnics.

Christopher B said...

Rick, you're more optimistic than I am. The damage has already been done. The existence of this investigation into him and his supporters will be mentioned, constantly and in ominous tones, in every article written about him. This epic slap-down won't even rate a footnote.

Matt Sablan said...

Bob Ellison: I think it just has to do with posting links in general. I sometimes get errors re-posting stuff from NASA and the Smithsonian's pages. I don't think we should assume bad intent here, when incompetence/overwhelming complexity is more likely.

Big Mike said...

The ball is now in the Democrats' court. The Wisconsin Democrat party needs to demonstrate their respect for the rule of law by calling for the resignation of John Chisholm, or perhaps even initiating impeachment proceedings against him.

Matt Sablan said...

I'm more curious if Wisconsin D's will admit to having been wrong, or will insist that something is rotten in the process. They had a fair case, they lost. What's the response?

Ann Althouse said...

@Freeman Hunt

I tested it by trying to put it up on Facebook and had no trouble.

TrespassersW said...

*SNORT*

Dammit, Big Mike! You made me spew coffee all over!

damikesc said...

What, hold a prosecutor, especially a Democrat prosecutor, responsible for his actions? Why, that's just crazy talk!

For all the shit he did, Nifong got a whopping ONE DAY jail sentence. Especially since he was reneging on his agreements when he was sentenced (his lawyers said he accepted disbarment as a fair penalty but he said it was fundamentally unfair, etc).

No lessons learned. Chisholm should be tarred and feathered.

Drago said...

It's clear the lefties have not been issued their talking points for the day.

Unknown said...

It's a good start.

I'm waiting to see Chisholm pay.

Lorenzo said...

"The ball is now in the Democrats' court. The Wisconsin Democrat party needs to demonstrate their respect for the rule of law by calling for the resignation of John Chisholm, or perhaps even initiating impeachment proceedings against him."

John Chisholm and his merry band of NKVD and Gestapo wannabees have already demonstrated to a candid world Wisconsin Democrat party's respect for the rule of law.

Lorenzo said...

And I forgot to mention the dress rehearsal Sturmabteilung tht besieged the Capitol for weeks. I'm not waiting for the Wisconsin Democrats to disown them, either.

richard mcenroe said...

Of course let us not for get that these noble Democrats had all these innocent people's professional and private information for years. There is NO chance it hasn't been circulated among Democrat and other proglodyte activists.

richard mcenroe said...

BREAKING NEWS...Obama Administration provides nuclear bomb to John Doe investigators!

Bushman of the Kohlrabi said...

The Wisconsin Democrat party needs to demonstrate their respect for the rule of law by calling for the resignation of John Chisholm, or perhaps even initiating impeachment proceedings against him."

Actually, Republicans should send Chisholm a thank you note and a box of chocolates. Most voters in Wisconsin have long ago recognized this whole affair as a partisan witch hunt and have punished Democrats at every opportunity. The further these deranged lunatics have descended into stupidity, the further they have fallen from the reigns of power. When you combine the fleebaggers, the recallers and the John Doe, you end up with possibly the most epic idiotic dick moves that any political party has ever made. I think some of them may be starting to figure out the folly of this approach but they really can't help themselves. It would be sad if it wasn't so funny.

Bobber Fleck said...

The John Doe investigation has been the source of countless hit news pieces on Scott Walker and the Republicans. Likewise, it has inspired a myriad of breathless editorials about the "corrupt Walker administration".

Can we expect some "we were wrong" articles? Nope. Instead we are already seeing articles that proclaim a partisan and political Wisconsin Supreme Court.

Last time I checked, the Wisconsin Supreme Court justices were elected officials. This is what Democracy looks like.

SteveR said...

"crickets"

Jason said...

Can you say, "USC, Section 1983, deprivation of civil rights under color of law," boys and girls?

I knew you could.

Jason said...

This is the biggest judicial pimp-slap to a prosecutor I've ever heard of.

Has anybody seen garage? Maybe someone should check to see if he's attempted suicide.

Original Mike said...

garage and Mark are probably on a bender right about now. At least they have each other.

hombre said...

@damikesc: Nifong was disbarred, removed from office, jailed for 24 hours for contempt and went bankrupt.

Regardless of his reaction, I doubt it's accurate to say, "No lesson learned." If removal from office and disbarment were imposed on the prosecutors in the Wisconsin matters, it would be a significant lesson to others with similar inclinations.

Nevertheless, I hope the Wisconsin victims will pursue civil damages on the theory that prosecutorial immunity does not attach to investigative activities.

Anonymous said...

If Bernie Sanders has his way, all of us will be equally poor so that no one will have the means to fight.

kcom said...

"I think some of them may be starting to figure out the folly of this approach but they really can't help themselves."

They really can't.

[In Darth Vader voice] The sense of entitlement is strong in this one.

Alex said...

garage on suicide watch. He staked everything on the John Doe!

David said...

To be clear, this conclusion ends the John Doe investigation because the special prosecutor's legal theory is unsupported in either reason or law. Consequently, the investigation is closed. Consistent with our decision and the order entered by Reserve Judge Peterson, we order that the special prosecutor and the district attorneys involved in this investigation must cease all activities related to the investigation, return all property seized in the investigation from any individual or organization, and permanently destroy all copies of information and other materials obtained through the investigation. All Unnamed Movants are relieved of any duty to cooperate further with the investigation.

To be clear, it's a certainty that significant amounts of this material is now in the hands of numerous partisans all over the country, who will have no pangs in using it in misleading and dishonest ways. I am glad that the court faced the issue in such a forthright way, but a lot of damage has already been done.

David said...

David Begley said...
How much did the defense cost?

Estimate?


Seven figures to the left of the decimal, that's for sure. (At least seven)

Matt Sablan said...

"Nevertheless, I hope the Wisconsin victims will pursue civil damages on the theory that prosecutorial immunity does not attach to investigative activities."

-- Prosecutorial immunity, if similar for what police officers face, only applies in cases where there a reasonable person in their position might have believed that they were not acting in a way to trample rights. The opinion the court rendered makes it clear that's not a valid defense.

damikesc said...

Nifong was disbarred, removed from office, jailed for 24 hours for contempt and went bankrupt.

What he did should have included a LENGTHY jail sentence. He put those men's lives at risk. He did it. He blatantly violated several laws in pursuit of this.

Was he punished? Yes.
Was he punished enough? Hell no.

If he was punished harshly enough, perhaps THIS wouldn't happen.

Public officials need to be TERRIFIED of what happens if they go too far. They clearly are not.

Nevertheless, I hope the Wisconsin victims will pursue civil damages on the theory that prosecutorial immunity does not attach to investigative activities.

But the money won't come from Chisholm.

It'll come from taxpayers --- including some of the ones who had their lives turned upside down.

CHISHOLM should have to pay --- but he won't.

Why no law exists that "If what you're doing is a crime, then it is not part of your official duties" is lost on me.