Appeals Court Stays Ruling That Halted Scott Walker John Doe Investigation
Credit: DonkeyHotey
May 8, 2014

Some good news after that awful ruling from Judge Rudolf Randa: Appeals Court Puts Brakes On Judge Who Shut Down Scott Walker Investigation:

One day after a federal judge dramatically shut down the secret "John Doe" probe investigating Wisconsin Gov. Scott Walker's (R) 2012 recall election, a federal appeals court on Wednesday stayed the lower judge's ruling.

As The Milwaukee Journal Sentinel reported, the ruling from the U.S. Court of Appeals for the 7th Circuit provides a way for District Judge Rudolph Randa to reissue his preliminary injunction halting the investigation. But the higher court said the part of Randa's ruling that ordered state prosecutors to destroy or return all material obtained during the investigation will remain stayed "as long as proceedings continue in this court."

And here's how they covered it over at Faux "news": Scott Walker's big win delayed by federal appeals court:

A federal appeals court on Wednesday blocked a judge's ruling that halted a probe into Wisconsin Gov. Scott Walker's 2012 recall campaign, a setback for the potential 2016 presidential hopeful.

A three-judge panel of the 7th Circuit Court of Appeals in Chicago also said prosecutors could not be ordered by U.S. District Judge Rudolph Randa to return or destroy evidence they had gathered during the nearly two-year-old investigation.

The probe has dogged Walker as he runs for re-election this year and eyes a possible 2016 presidential bid. The Wisconsin Club for Growth, a conservative group with close ties to Walker, filed the civil lawsuit against prosecutors to stop the investigation that began after Walker won a recall election in 2012.

Prosecutors have been operating under the theory that the club and 28 other conservative organizations illegally coordinated with Walker's campaign during the state's partisan recall elections of 2011 and 2012. It has since blown up into a five-county investigation through the cooperation of the Government Accountability Board, the state's election and campaign watchdog, according to Randa's filing.

Wednesday's victory for investigators may be short-lived.

While the appeals court said the Tuesday injunction was in error, it said the judge could reinstate his order by determining that a separate appeal by prosecutors is frivolous. Prosecutors, including Milwaukee County District Attorney John Chisholm, had argued that they were immune from being sued by the Club for Growth.

If the judge determines that appeal is frivolous, the stay could be lifted, although prosecutors could ask for another one, the appeals court said.

The rest is one long pity party for poor Scott Walker and how he's supposedly been unfairly scrutinized by this investigation. Never mind that some of his associates have already gone to jail. They want their readers to believe there's nothing to see here. I'll take the bit of good news on this where we can get it.

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