I’m going to tell you a true story, and then tell you how the news media is covering it.
This is a true story: in 2012, Democratic district attorneys in Wisconsin launched a secret probe known as a John Doe investigation with the goal of proving that conservative groups illegally coordinated activities during Gov. Scott Walker’s recall election. They issued more than 100 subpoenas, demanded the private information of conservatives and conservative groups, and actually conducted secret raids. And under state law, individuals who were targeted or witness to the investigation were forbidden from making knowledge of it public.
Fortunately, judges saw right through this partisan abuse of power. Early this year, a state judge, ruling in a secret proceeding, quashed the subpoenas and all but ended the investigation. According to the judge, “the subpoenas do not show probable cause that the moving parties committed any violations of the campaign finance laws.” This started the unravelling of the John Doe investigation that had many conservatives fearing they would be targeted for subpoenas and raids next.
In February, a conservative activist and group filed a federal civil rights lawsuit against the partisan district attorneys who had pursued the John Doe probe. In short order, a federal district court judge held that the plaintiffs “are likely to succeed on their claim that the defendants‘ investigation violates their rights under the First Amendment, such that the investigation was commenced and conducted ―without a reasonable expectation of obtaining a valid conviction.” In other words, at this early stage of the civil rights litigation, it looks to the judge as if the Democratic district attorneys abused their power and chilled conservatives’ free speech rights. Accordingly, the federal judge ordered that the John Doe probe must cease, all the seized property be returned, and all copies of materials be destroyed.
