Prosecutors Appeal Ruling To Halt John Doe Investigation

Update – 6 p.m.: Judges from the Seventh Circuit Court of Appeals have stayed Judge Rudolph Randa’s ruling to halt the John Doe probe. Read more here.

Prosecutors in the investigation into possible illegal coordination between Gov. Scott Walker and conservative groups during the 2012 recall campaign are asking a federal appeals court to dismiss an order to halt the probe.

The newly filed appeal requests that the order to shut down the investigation by Milwaukee-district Federal Judge Rudolph Randa be blocked, including Randa’s ruling that the evidence already gathered should be destroyed. Prosecutors say Randa’s decision about the records and data is premature, given the appeal process.

Walker isn’t commenting on the status of the evidence, but isn’t quite celebrating Randa’s ruling.

“On this, on Act 10, and on everything else, I’m used to things being in court quite a bit,” said Walker. That’s why I don’t get to excited one way or the other.”

Walker says he’s already been trying to keep his focus on reducing taxes and increasing the number of jobs in the state.

Jay Heck of Common Cause Wisconsin says it’s important that the Chicago appeals court not allow the evidence in “John Doe 2” to be destroyed.

“Judge Randa doesn’t like what’s happened,” said Heck. “At the very least, the evidence ought to be put in some sort of safeguarded place until a final determination is made through the appeals process.”

Heck says Randa’s ruling should also trigger an attempt to close a loophole for issue advocacy – ads that support one candidate or oppose another, but don’t mention voting for or against anyone. Heck says there should be more disclosure of the donors to groups like Wisconsin Club for Growth if the money comes shortly before an election and is meant for ads trying to influence the outcome of the contest.