Walker Says Even If Federal Appeals Court Dismisses John Doe Case, He’s Not Worried

Judges At Tuesday Hearing Question Whether Legal Challenge To Investigation Belongs In Federal System

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Gov. Scott Walker. Photo: Gateway Technical College (CC-BY-ND).

Gov. Scott Walker said that even if a federal appeals court allows a formerly secret state investigation into his campaign to proceed, the inquiry could hit a wall in state court.

Earlier this year, U.S. District Judge Rudolph Randa sided with the conservative Wisconsin Club for Growth in halting the investigation, saying it violated the Club’s First Amendment rights. During oral arguments at the U.S. 7th Circuit Court of Appeals, however, judges asked why the case was even before them, suggesting that it appeared to be a matter for state court.

Asked about the arguments on Wednesday in La Crosse, Walker noted that the state judge overseeing the investigation, Judge Gregory Peterson, had ruled that the investigation was overly broad earlier this year.

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“Even if the federal court of appeals sends it back and says this should be a state matter, you’ve had almost a year ago a state judge shut this down as well, because he felt there wasn’t a reasonable status for moving forward with the investigation,” said Walker.

Peterson also said in a subsequent ruling that the state’s theory in the John Doe “is not frivolous” and was a matter that could be decided by a state appellate court.

Prosecutors opened the John Doe probe to investigate whether Walker’s campaign illegally coordinated with the Club for Growth, steering donations to the group that were until recently kept secret from the public.

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