Republicans silencing opponents while claiming violation of First Amendment free speech rights is becoming a familiar meme, one that, once again, leads directly back to the Scott Walker recall campaign -- and to Right Wing talk radio.
Criminal investigations
There have been two investigations into illegal activity by presidential hopeful Scott Walker's campaigns for Governor. The first of the two so-called "John Doe" investigations by state prosecutors netted six convictions of his top aides. That probe also revealed that the Walker campaign had directly coordinated with WTMJ talker Charlie Sykes, one of five right wing hosts spotlighted in the MAC case.
The second John Doe investigation is looking into illegal collaboration between Walker's campaign and various dark money groups, including Americans for Prosperity and The Wisconsin Club for Growth (WiCFG), during the recall. That probe focuses on political tactics that, among other things, allowed Wisconsin billionaire John Menard, Jr. to secretly donate $1.5 million to WiCFG, which then allegedly funneled it into Walker's recall campaign, followed by giant business awards from Walker gubernatorial administration. As investigative reporter Michael Isikoff wrote for Yahoo News in March:
Some court records that have been made public about the new fundraising probe, known as "John Doe 2," show that, when he first faced a potential recall election in 2011, Walker had personally solicited donations to the Wisconsin Club for Growth in order "to ensure correct messaging" in ads that were supporting his policies, according to an email sent by one of his fundraisers. His aides referred to the group as "your 501c 4," a reference to the provision of the tax code under which nondisclosing advocacy groups are organized.
Key to the effort, the email indicated, was secrecy. "Stress that donations to WiCFG [Wisconsin Club for Growth] are not disclosed and can accept corporate donations without limits," reads one June 20, 2011, email from a Walker aide to the governor prior to one of his out-of-state fundraising trips. "Let them know you can accept corporate contributions and it is not reported."
Such tactics are illegal in Wisconsin, but Walker attorneys have been battling the state investigation in federal courts, arguing -- what else? -- that the fundraising groups' First Amendment rights are being violated by the investigation. Writes Isikoff:
One federal judge, concluding that the investigation was a violation of the free-speech rights of the advocacy groups, ordered last year that the probe be shut down and directed prosecutors "to permanently destroy" all the evidence they had obtained. That order was later reversed, and next month the Wisconsin Supreme Court will hear arguments on whether the investigation should proceed. The outcome could well determine whether Walker will be confronted with questions about the secret donations -- and any benefits the contributors might have received -- while he runs for president.
Which brings me back to talk radio. "John Doe 2" revealed that, at the same time MAC was requesting comparable air time for Walker's opponent during the recall, WTMJ's Charlie Sykes wasn't just exercising his Freedom of Speech, but may well have been directly coordinating with the Walker campaign. And not just Sykes, but allegedly radio talker and Fox "News" host Sean Hannity as well.
According to Marie Rohde at WisPolitics.com last year:
John Doe investigators planned to issue subpoenas and search warrants for radio personalities Charlie Sykes and Sean Hannity as part of their secret probe into coordination between conservative groups and Gov. Scott Walker's campaign, according to a lawsuit released today.
Why, exactly, Sykes and Hannity were to be subpoenaed, we do not yet know. The Wisconsin Supreme Court has itself been acting in secretive ways, not even allowing oral arguments to be heard in the case, as Lisa Kaiser of Milwaukee's Shepard Express' reports. Hopefully, when the Court makes its decision, we'll find out.
Unless, of course, making public information available to the public somehow violates the First Amendment.
Follow Sue Wilson on Twitter: www.twitter.com/sueblueswilson
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