Skip to main content

Now this is bizarre.  Yesterday, Federal District Court Judge Randa, ordered a halt to the John Doe Investigation of the Walker Recall vote.  A diary that has now slipped off the Rec. list detailed the strange ruling, in which Judge Randa stated:

"The (Wisconsin Club for Growth and its treasurer) have found a way to circumvent campaign finance laws, and that circumvention should not and cannot be condemned or restricted. Instead, it should be recognized as promoting political speech, an activity that is 'ingrained in our culture,'" Randa wrote, quoting from a recent U.S. Supreme Court decision.
As a lawyer, I've never quite seen any decision like that.  It appears to open the door for voiding any campaign funding restrictions based on free speech, taking Citizens United and McCutcheon to absurd lengths.

Not only that, but Judge Randa ordered all of the documents in the investigation destroyed!  And it may even extend to state cases.

Now, the Seventh Circuit Court of Appeals has stepped in and issued a stay of Judge Randa's ruling, at least as to the destruction of evidence.

The panel of three Appeals Court Judges said that destruction would moot any appeal of Judge Randa's decision, because the evidence would have been irretrievably lost.

In addition to being surpassingly strange, this is one of those "law school exam" cases, in which a whole raft of issues are confronted -- campaign finance, the first amendment, the power of a Federal Judge over state courts, the mootness doctrine, on and on.

Whew.

UPDATE: Here is a link to the Seventh Circuit Order, courtesy of El Bloguero in the comments.  One of the panel members who barred Randa is Frank Easterbrook -- hardly a flaming liberal.  He is a "Chicago Economics School" former professor, appointed to the bench by Reagan, and last year participated in a celebration of the life of Robert Bork.

Though conservative, Easterbrook is not corrupt, like some below (Randa)  and above (You know who.) So it's not like Randa has been slapped down by Justice Sotomayor.

Originally posted to Bethesda 1971 on Wed May 07, 2014 at 08:07 PM PDT.

Also republished by Badger State Progressive.

EMAIL TO A FRIEND X
Your Email has been sent.
You must add at least one tag to this diary before publishing it.

Add keywords that describe this diary. Separate multiple keywords with commas.
Tagging tips - Search For Tags - Browse For Tags

?

More Tagging tips:

A tag is a way to search for this diary. If someone is searching for "Barack Obama," is this a diary they'd be trying to find?

Use a person's full name, without any title. Senator Obama may become President Obama, and Michelle Obama might run for office.

If your diary covers an election or elected official, use election tags, which are generally the state abbreviation followed by the office. CA-01 is the first district House seat. CA-Sen covers both senate races. NY-GOV covers the New York governor's race.

Tags do not compound: that is, "education reform" is a completely different tag from "education". A tag like "reform" alone is probably not meaningful.

Consider if one or more of these tags fits your diary: Civil Rights, Community, Congress, Culture, Economy, Education, Elections, Energy, Environment, Health Care, International, Labor, Law, Media, Meta, National Security, Science, Transportation, or White House. If your diary is specific to a state, consider adding the state (California, Texas, etc). Keep in mind, though, that there are many wonderful and important diaries that don't fit in any of these tags. Don't worry if yours doesn't.

You can add a private note to this diary when hotlisting it:
Are you sure you want to remove this diary from your hotlist?
Are you sure you want to remove your recommendation? You can only recommend a diary once, so you will not be able to re-recommend it afterwards.
Rescue this diary, and add a note:
Are you sure you want to remove this diary from Rescue?
Choose where to republish this diary. The diary will be added to the queue for that group. Publish it from the queue to make it appear.

You must be a member of a group to use this feature.

Add a quick update to your diary without changing the diary itself:
Are you sure you want to remove this diary?
(The diary will be removed from the site and returned to your drafts for further editing.)
(The diary will be removed.)
Are you sure you want to save these changes to the published diary?

Comment Preferences

RepackRider, Thumb, DeminNewJ, teacherken, Timaeus, glitterscale, Gooserock, Bob Love, karlpk, Fabienne, Wintermute, mslat27, celdd, eeff, polecat, niemann, Creosote, cskendrick, boadicea, vmckimmey, oceanview, Nate Roberts, librarianman, Iberian, sidnora, kharma, dwahzon, defluxion10, Dood Abides, Wayward Wind, walkshills, imicon, stringer bell, zerelda, ybruti, mungley, Josiah Bartlett, rmx2630, xxdr zombiexx, murrayewv, Gowrie Gal, Brecht, maybeeso in michigan, marina, Treg, NoMoreLies, jrooth, Ckntfld, LakeSuperior, democracy inaction, irate, sc kitty, dewtx, stagemom, Brooke In Seattle, reflectionsv37, Byrnt, eru, Sun Tzu, where4art, Inland, Kayakbiker, Overseas, Ice Blue, Ozymandius, leftynyc, Joes Steven, Brian B, peacestpete, Alan Arizona, hlee1169, myboo, mr crabby, ruleoflaw, blueoasis, MJ via Chicago, Bulldozer, aloevera, StrayCat, philipmerrill, Rosaura, novapsyche, katrinka, JVolvo, Preston S, antboy, ER Doc, middleagedhousewife, oakroyd, onionjim, thenekkidtruth, kurt, Ian Reifowitz, Statusquomustgo, NancyWH, krwheaton, ccyd, walkabout, Habitat Vic, Loudoun County Dem, devis1, Dartagnan, ColoTim, offgrid, yoduuuh do or do not, la urracca, deepeco, Ninepatch, artisan, jayden, jnhobbs, gchaucer2, hopi13, Timmethy, leonard145b, TomP, Empower Ink, gizmo59, fb, JeffW, TX Freethinker, GAS, Sixty Something, elwior, jakebob, mikeconwell, Calamity Jean, Lujane, smartdemmg, TokenLiberal, vernonbc, Jeff Y, codairem, elpacifico66, rhutcheson, BvueDem, madtowntj, maggiejean, prettygirlxoxoxo, buffie, cybrestrike, MufsMom, Throw The Bums Out, ARS, zephyr108, CanyonWren, notrouble, dRefractor, Keith Pickering, stevenwag, Tortmaster, nancat357, Words In Action, BlueOak, Its the Supreme Court Stupid, awcomeon, Mokurai, FogCityJohn, serendipityisabitch, secret38b, Crabby Abbey, Polly Syllabic, VickiL, NM Ray, ItsSimpleSimon, Puddytat, ericlewis0, Loose Fur, Oh Mary Oh, ZedMont, stevenaxelrod, Maximilien Robespierre, Barbara Marquardt, kerflooey, slowbutsure, jm214, StellaRay, Susipsych, FarWestGirl, Teiresias70, trumpeter, badscience, thomask, BarackStarObama, muddy boots, RMForbes, Caddis Fly, bakeneko, DRo, Rashaverak, Rejoinder, livingthedream, jacey, Eric Nelson, barkingcat, a2nite, JGibson, joeschmeaux, belinda ridgewood, MartyM, BRog, doroma, parakeet, lunachickie, rat racer, AverageJoe42, Glen The Plumber, Windtalker, George3, Villanova Rhodes, wasatch, peptabysmal, Cady Brownell, Robynhood too, RLMAC, BobTheHappyDinosaur, Stude Dude, Ashes of Roses, Greenfinches, Blue Bell Bookworm, countwebb, The grouch, newinfluence, poopdogcomedy, goodpractice, weck, ggfkate, howabout, CJ WIHorse, ET3117, Mike Kahlow, librarisingnsf, Jim Domenico, duhban, palmer18, cbgbz, jbsoul, Penny GC, kkkkate, Skyye, ginimck, bearsguy, BMScott

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site