Scott Walker John Doe Documents

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With this webpage, Sourcewatch has attempted to gather publicly available documents on the two "John Doe" criminal investigations involving Scott Walker and his associates. The investigations have been conducted under Wisconsin’s "John Doe" statute, a closed-door investigatory process overseen by a judge that allows prosecutors to compel people to testify and produce documents. It is analogous to a grand jury investigation, but conducted in front of a judge rather than a jury.
 Grand Juries are rarely used in Wisconsin, but John Does are commonly used to conduct investigations in a variety of cases.


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John Doe I: In May 2010, Judge Neil Nettesheim authorized Milwaukee County District Attorney John Chisholm, a Democrat, to begin a John Doe investigation involving Milwaukee County Executive Scott Walker, his staff and associates. The investigation resulted in 15 felony indictments for six people who have been sentenced for a variety of crimes including misconduct in office. This investigation was closed in March 2013 and no charges were brought against Walker.[1] Subsequently, documents related to the investigation were authorized for release by Nettesheim and were released by Milwaukee County Executive Chris Abele under Wisconsin's public records law.

John Doe II: In February 2012, another John Doe investigation (referred to as "John Doe II") was authorized by Judge Barbara Kluka to investigate potentially illegal campaign coordination between Friends of Scott Walker and outside groups during the 2011-2012 recall elections. Because this investigation involved individuals who lived in five counties across the state, the probe has involved five District Attorneys, from both the Republican and Democratic parties, and has been authorized by both Republican and Democratic judges. A special prosecutor was appointed to lead the multi-county investigation, veteran federal prosecutor Francis Schmitz, a Republican who voted for Walker in 2012.[2] As of May 2015, the case is before the Wisconsin Supreme Court.

Key Resources:

  • Center for Media and Democracy IRS Complaint against Wisconsin Club for Growth, filed October 2014. Complaint alleges group at center of Walker probe lied to the IRS about its political activity and violated its tax-exempt status, based on extensive new evidence.
  • See also the Scott Walker page on Sourcewatch and its extensive coverage of the John Doe and other issues.

Contents

John Doe II Investigation, 2012-2016

Although the "John Doe II" campaign finance probe has been conducted under strict secrecy orders, some documents pertaining to the investigation have become public as the result of a federal lawsuit filed by Wisconsin Club for Growth.

U.S. Supreme Court

United States Supreme Court Denies Cert. of John Doe Appeal, October 3, 2016

Brief of The Center for Media and Democracy, The Brennan Center for Justice, and Common Cause as Amici Curiae in Support of a Petition for a Writ of Certiorari to the Supreme Court of the State of Wisconsin, June 22, 2016

Group of Wisconsin Legislators Letter to Dane County DA Ozanne Requesting Investigation Regarding John Doe II Documents, September 29, 2016

Brad Schimel Files Brief in Opposition to a Petition for a Writ of Certiorari to the Supreme Court of Wisconsin, August 16, 2016

Brief of Constitutional Accountability Center as Amicus Curiae in Support of a Petition for a Writ of Certiorari to the Supreme Court of the State of Wisconsin, August 15, 2016

Brad Schimel Brief in Opposition to the Petition for a Writ of Certiorari to the Supreme Court of Wisconsin, November 11, 2015

The Guardian Leak: 1,500 Pages of Documents Pertaining to the John Doe II Investigation, September 14, 2016

Wisconsin Supreme Court

Wisconsin Supreme Court Orders List of Documents to be Placed into Public File, January 20, 2017

Dean Strang, Counsel for Unnamed Movants No. 7, Letter to Attorney General Brad D. Schimel, February 1, 2016

Unnamed Movant No. 6's Memorandum in Opposition to Intervenor's Motion to Amend the Secrecy Orders, February 1, 2016

Unnamed Movant No. 2, 7 and 8's Memorandum in Opposition to Intervenor's Motion to Amend the Secrecy Order, February 1, 2016

Wisconsin Supreme Court Rejects Motion for Reconsideration of John Doe II, December 2, 2015

Wisconsin Supreme Court Dismisses the John Doe II, July 16, 2015

Wisconsin Supreme Court Document Release, May 13, 2015

Court Inadvertently Releases Sealed Filing Showing Prosecutors' Arguments for the First Time

Eric O'Keefe and Wisconsin Club for Growth, Inc. v. Francis Schmitz, et. al.

Documents made public in the Eastern District of Wisconsin case O'Keefe v. Schmitz, Case 2:14-cv-00139-RTR, before District Court Judge Rudolph Randa.

Documents made public in the 7th Circuit Court of Appeals case O'Keefe v. Schmitz, Appeal Nos. 14-188, et al., before Judges Frank Easterbrook, Diane Wood, and William Bauer

The John K. MacIver Institute for Public Policy v. Francis Schmitz, et. al.

MacIver Institute Files lawsuit Against Chisholm, Schmitz and senior GAB staff Alleging Violations of the Federal Stored Communications Act, August 1, 2016

U.S. District Judge William Conley Dismisses MacIver's Lawsuit

Additional Documents

Archer v. Chisholm et al., 2015-2016

Complaint

Answer to Complaint on Behalf of Defendants David Budde and Robert Stelter

Defendants John Chisholm, David Robles and Bruce Landgraf's Answer and Affirmative Defenses

Memorandum in Support of Motion to Dismiss the Amended Complaint, On Behalf of Defendants John Chisholm, David Robles, and Bruce Landgraf

September 13, 2011 Cindy Archer Search Warrant

Discovery Documents from John Doe I

U.S. Judge Lynn Adelman Dismisses Cindy Archer's Lawsuit, May 26, 2016

Cindy Archer Appeals Judge Adelman's Decision with the 7th District U.S. Court of Appeals, August 2, 2016

O'Keefe and Wisconsin Club for Growth v. Wisconsin Government Accountability Board, 2014-Present

Complaint

Defendants' Brief in Support of Motion for Summary Judgment

Affidavit of Sharrie Hauge in Support of Motion for Summary Judgment

Affidavit of Paul Schwarzenbart in Support of Motion for Summary Judgment

Affidavit of Kevin Kennedy in Support of Motion for Summary Judgment

Affidavit of Jonathan Becker in Support of Motion for Summary Judgment

Affidavit of Gerald Nichol in Support of Motion for Summary Judgment

Affidavit of Francis Schmitz in Support of Motion for Summary Judgment

Exhibit A: Email Documents Released

Proposed Order

GAB Filings

Answer

Defendants' Redacted Response to First Combined Discovery Requests

Amended Answer

Affidavit of Paul Schwarzenbart in Support of Motion for Protective Order

Affidavit of Kevin J. Kennedy Opposing Plaintiffs' Motion to Compel Discovery

Affidavit of Paul W. Schwarzenbart Opposing Plaintiffs' Motion to Compel Discovery

Defendants' Revised Index to Plaintiffs' Challenged Set of In-Camera Documents

Affidavit of Paul W. Schwarzenbart in Support of Defendents' Motion for Summary Judgement

Affidavit of Jonathan Becker in Support of Defendents' Motion for Summary Judgment

Affidavit of Kevin J. Kennedy in Support of Defendents' Motion for Summary Judgment

Affidavit of Francis D. Schmitz in Support of Defendants' Motion for Summary Judgment

Plaintiffs' Notice of Motion and Motion to Compel

Supplemental Brief of Robert Stelter in Support of Motion to Quash

Notice of Motion Filed under Seal

Plaintiffs' Reply in Support of Their Notice of Challenge to Confidentiality Designations and Motion to Modify Protective Order

Greim Letter to Judge Dreyfus

Plaintiffs' Motion to Compel David Robles, Bruce Landgraf, and Robert Stelter to Appear for Deposition and Produce Documents Pursuant to Subpoenas Duces Tecum

Exhibit A: Part 1 (Made Public on 2016-02-26)

Exhibit A to Motion to Compel

Exhibit A: Part 2 (Made Public on 2016-02-26)

Exhibit B to Motion to Compel

Exhibit C (Made Public on 2016-02-26)

Exhibit C to Motion to Compel

Exhibit D (Made Public on 2016-02-26)

Exhibit E (Made Public on 2016-02-26)

Exhibit G (Made Public on 2016-02-26)

Exhibit H (Made Public on 2016-02-26)

Wisconsin Club for Growth Filings

Plaintiffs' Notice of Motion and Motion for Relief from Local Rule 5.5 as to Plaintiffs' Cross-Motion to Compel

First Amended Complaint

Plaintiffs' Response to Defendants' Motion for Protective Order

O'Neil Letter to Judge Dreyfus

Plaintiffs' Emergency Motion for Relief from the Amendd Protective Order to Allow the Filing of Sealed Materials Before the John Doe Judge

Plaintiffs' Opposition to Defendents' Motion for Protective Order and Cross-Motion to Compel

Deposition of Matthew John Stippich

Response to Subpoena Duces Tecum to Corporate Representative-DIFS, LLC's Response to Request for Production of Documents

Third Amendment to Protective Order Entered Under Seal

John Doe I Investigation, 2010-2013

State v. Rindfleisch

State v. Russell

State v. Wink

State v. Kavanaugh

State v. Gardner

State v. Pierick

Additional Documents

September 13, 2011 Cindy Archer Search Warrant

Milwaukee County Executive Employee Computers

After John Doe I was closed, Wisconsin media organizations sought records pertaining to the investigation under the state's Public Records Law. [3] In September of 2013, Judge Nettesheim ordered the release of the records. [4]

Scott Walker, Former Milwaukee County Executive 2002-2010

County Networked Computer Documents

Non-networked Workstation Computer Documents

Notes and Emails

Tim Russell, Former Deputy Chief of Staff and Housing Director for Scott Walker

County Networked Computer Documents

Non-networked Workstation Computer Documents

Google Blog

Notes and Emails

Cynthia Archer, Former Administrative Services Director for Scott Walker

County Networked Computer Documents

Non-networked Workstation Computer Documents

Notes and Emails

Calendar

Additional Documents

Kelly Rindfleisch, Former Deputy Chief of Staff for Scott Walker

County Networked Computer Documents

Non-networked Workstation Computer Documents

Notes and Emails

Darlene Wink, Former Constituent Services Coordinator for Scott Walker

County Networked Computer Documents

Non-networked Workstation Computer Documents

Notes, Emails, and Drafts

Tom Nardelli, Former Chief of Staff for Scott Walker

County Networked Computer Documents

Notes and Emails

Fran McLaughlin, Former Milwaukee County Spokeswoman for Scott Walker

County Networked Computer Documents

Non-networked Workstation Computer Documents

Notes and Emails

Dorothy Moore, Executive Assistant for Scott Walker

County Networked Computer Documents

Non-networked Workstation Computer Documents

Notes and Emails

References

  1. Daniel Bice and Scott Umhoefer, "John Doe probe of Scott Walker office closed with no new charges," Milwaukee Journal Sentinel, March 2, 2013.
  2. Daniel Bice, "Secret probe spreads to five Wisconsin counties," Milwaukee Journal Sentinel, October 21, 2013.
  3. Milwaukee Journal Sentinel Editorial Board, Our View: John Doe records should be released, Milwaukee Journal-Sentinel, Oct. 12, 2013.
  4. Patrick Marley and Daniel Bice, Judge orders documents released in probe of Scott Walker aides, Milwaukee Journal Sentinel, Sept. 25, 2013.