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Wisconsin Civil-Rights March:Prosecutors targeting conservatives lose in federal court
WSJ ^
| 4-11-14
| WSJ
Posted on 04/12/2014 7:30:11 AM PDT by TurboZamboni
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"The success or failure of O'Keefe's claims do not depend upon the state court's interpretation of its own campaign finance laws," Judge Randa wrote. "O'Keefe's rights under the First Amendment are not outweighed by the state's purported interest in running a secret John Doe investigation that targets conservative activists." The ruling means that those named in the lawsuit, including special prosecutor Francis Schmitz, Democratic prosecutors John Chisholm, Bruce Landgraf, David Robles and Government Accountability Board contractor Dean Nickel can be held personally liable. The judge rejected their claims of immunity, noting that a prosecutor's absolute immunity is "limited to the performance of his prosecutorial duties, and not to other duties to which he might to assigned by his superiors or perform on his own initiative, such as investigating a crime before an arrest or indictment."
The John Doe probe has been a one-sided investigation conducted against political opponents to chill their ability to influence elections, and now the prosecutors will have to defend themselves in open court.
To: TurboZamboni
Judge is a hero. Watch for the left to demonize him.
2
posted on
04/12/2014 7:51:36 AM PDT
by
Mouton
(The insurrection laws perpetuate what we have for a government now.)
To: TurboZamboni
Bad headline. This was just a procedural motion. Tired of articles in publications being written by individuals not versed in the subject ... at least a little.
Now the Plaintiff’s may win in Court and THAT is a win. This is a procedural win and the distinction should be made.
To: TurboZamboni; All
...the Marxists; shall ask, Eric "Red" Holder to intervene and move
it to another jurisdiction or just ignore the ruling..very, very likely.
when has this P.o.$. (ever) obeyed a civil law? (other than traffic laws)
4
posted on
04/12/2014 8:06:17 AM PDT
by
skinkinthegrass
(The end move in politics is always to pick up a gun..0'Caligula / 0'Reid / 0'Pelosi)
To: TurboZamboni
Thank God that there are still federal judges who respect the law and are not part of the communist run left, may the good Lord Jesus bless the honest and faithful judges and remove all democrat and homosexual and feminist unjust judges from their terrorist seats of power so our nation may yet survive.
5
posted on
04/12/2014 8:08:59 AM PDT
by
kindred
(They that observe lying vanities forsake their own mercy. Salvation by Lord Jesus only!)
To: TurboZamboni; Hunton Peck; Diana in Wisconsin; P from Sheb; Shady; DonkeyBonker; Wisconsinlady; ...
Wisconsin Club for Growth “free speech” lawsuit progresses...
FReep Mail me if you want on, or off, this Wisconsin interest ping list.
To: Mouton
“Judge is a hero. Watch for the left to demonize him.”
Yeah, for the Marsists, free speech is only allowed if what you have to say comports with their views. Cue the “leaders” from Brandeis University who just knocked under to CARE.
7
posted on
04/12/2014 8:41:23 AM PDT
by
vette6387
To: RIghtwardHo
Thank you - for the clarification.
8
posted on
04/12/2014 10:07:07 AM PDT
by
jonno
(Having an opinion is not the same as having the answer...)
To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; cardinal4; ColdOne; ...
Thanks TurboZamboni. The prosecutors need to be removed, disbarred, indicted under the RICO Act (at least), found guilty, and imprisoned.
Prosecutors argued that the federal suit couldn't proceed under the 1971 Supreme Court ruling in Younger v. Harris, which prevents federal courts from intervening in a criminal prosecution. That precedent doesn't apply here, Judge Randa wrote, because the state's secretive John Doe proceeding is not a prosecution but "an investigatory device, similar to a grand jury proceeding, but lacking the oversight of a jury." The Younger exemption also does not apply, the judge added, when the plaintiffs allege that the prosecution was "brought in bad faith for the purpose of retaliating for or deterring the exercise of constitutionally protected rights."
9
posted on
04/12/2014 3:38:51 PM PDT
by
SunkenCiv
(https://secure.freerepublic.com/donate/)
To: Mouton
To: TurboZamboni
Interesting. Usually, the judge is in cahoots with the prosecutor.
11
posted on
04/12/2014 4:16:01 PM PDT
by
Cboldt
To: All
12
posted on
04/12/2014 4:17:26 PM PDT
by
musicman
(Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
To: RIghtwardHo
What would you call the decision had it gone the other way?
I do agree, it would be more precise to say plaintiff was noit kicked out of court, or was allowed to present his case.
13
posted on
04/12/2014 4:19:02 PM PDT
by
Cboldt
To: TurboZamboni; sickoflibs; Liz; SunkenCiv
The ruling means that those named in the lawsuit, including special prosecutor Francis Schmitz, Democratic prosecutors John Chisholm, Bruce Landgraf, David Robles and Government Accountability Board contractor Dean Nickel can be held personally liable. Very important ping...
14
posted on
04/12/2014 7:24:25 PM PDT
by
GOPJ
(MSNBC reporters couldn't spot a criminal if he was at the company Christmas party.)
To: Mouton
I would like to know how many liberal groups the FBI investigates... and how much money the FBI spends investigating liberal groups compared to conservative groups.
15
posted on
04/12/2014 7:26:43 PM PDT
by
GOPJ
(MSNBC reporters couldn't spot a criminal if he was at the company Christmas party.)
To: Georgia Girl 2; Logical me
16
posted on
04/12/2014 7:47:36 PM PDT
by
GOPJ
(MSNBC reporters couldn't spot a criminal if he was at the company Christmas party.)
To: GOPJ
Maybe a good precedent for True the Vote’s case against Elijah.
17
posted on
04/12/2014 7:51:39 PM PDT
by
Jane Long
(While Marxists continue the fundamental transformation of the USA, progressive RINOs assist!)
To: GOPJ
lot of good things happening in the cheese state. Is the gov staying put or throwing his hat in?
To: morphing libertarian
I don’t know but I’m slowly staring to be impressed....
19
posted on
04/12/2014 7:56:47 PM PDT
by
GOPJ
(MSNBC reporters couldn't spot a criminal if he was at the company Christmas party.)
To: thecodont
20
posted on
04/12/2014 7:57:56 PM PDT
by
GOPJ
(MSNBC reporters couldn't spot a criminal if he was at the company Christmas party.)
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