John Doe II is still alive (at least for the moment)

UPDATE: Annnnd it’s blocked again.

Current as of 12:22PM Central 5/8/14 John Doe investigation into Scott Walker allies on hold again after new Randa stay


Image credit: HuTDoG83

At least it’s still alive as of 8:06AM Central Time 05/08/2014!

In case you missed the news – –
from the article “Federal appeals court stays ruling halting Doe probe into Walker recall”:

“After 24 hours of legal maneuvering in a politically charged investigation of Gov. Scott Walker and his allies, an appeals court late Wednesday handed prosecutors a victory, preventing for now the destruction of evidence from the case.

A three-judge panel of the 7th Circuit U.S. Court of Appeals in Chicago stayed U.S. District Judge Rudolph Randa’s preliminary injunction from Tuesday stopping the John Doe investigation, saying he had overstepped his authority. The appeals court ruling also said Randa cannot order prosecutors to destroy evidence they have collected in the five-county probe.”

Original order to reverse Randa’s decision [in PDF format]

It seems that if Randa had instead simply called John Doe II frivolous, things would have gone the other way.

FYI, Judge Randa can still do that.

Again, from the article:
” Randa could issue his injunction only if he certified their appeal as frivolous, and he never ruled on that point — though he wrote last week he was inclined to believe it is frivolous.

Soon after the appeals panel issued its ruling, the Wisconsin Club for Growth asked Randa to label the prosecutors’ initial appeal frivolous and renew his order stopping the investigation. He could do that quickly if he is inclined.”

I’m Puzzled About Documents

In the same story we learn that Judge Randa also ruled, on Wednesday, that five media groups could intervene in the John Doe II case and attempt to unseal blacked out pages of court records.

Either that assertion is flat out incorrect or I am missing an important nuance in the story because I do not understand why Randa would green light the media getting John Doe II documents while simultaneously ordering the destruction of all John Doe II evidence.

Go to M.J.Sentinel to read the rest of this story.

Conflict of Interest?

At least two Cognitive Dissidence posts have pointed out that there seems to be a glaring conflict of interest in the office of Judge Randa:
“the wife of Steven Biskupic, the attorney representing Scott Walker’s campaign through the proceedings, worked for Randa”

Are mainstream journalists looking into this???


One thought on “John Doe II is still alive (at least for the moment)

  1. “if Randa had instead simply called John Doe II frivolous”

    What he has to rule frivolous is the prosecutors’ claim to qualified immunity from Club for Growth’s lawsuit. And he can’t simply say that’s so: he has to apply caselaw tests and demonstrate that Chisholm et al knew they were engaging in unconstitutional prosecution. And once he does, that ruling is also subject to appeal.

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