After turning over the evidence from secret criminal investigation to Gov. Scott Walker's recall campaign, a federal judge was asked by investigators to overrule a state Supreme Court order. In response, special prosecutor Francis Schmitz announced he was likely to appeal the decision to the US Supreme Court.
If the request will be granted by the US District Judge Lynn Adelman, it is expected that a high-level of clash between federal and state courts will occur. According to a former state Supreme Court Justice, this might give US Supreme Court another reason to intervene.
Former Justice Janine Geske said in an interview on Monday that the Supreme Court has created a 'hornets' nest over this evidence' and that they have no idea how they got themselves out of it. He also predicted that there will be some justices at the US Supreme Court who will say, 'We've got to look at what's going on in Wisconsin.'
The state Supreme Court's conservative majority halted the so-called John Doe II probe into the Gov. Walker's recall campaign back in July. Such probe was based on evidence collected in a previous John Doe investigation into Gov. Scott Walker's Milwaukee County Office. The court then ordered the evidence from both cases be returned or destroyed. However, the court change its order on Dec.2, when it now allows the evidence be preserved under its authority for possible use in related litigation.
Prosecutor Francis Schmitz was also removed as the lead investigator in John Doe II. In addition, three of the five district attorneys initially involved in the case, Dane County District Attorney Ismael Ozanne, Iowa County District Attorney Larry Nelson, Milwaukee County District Attorney John Chisholm, and all Democrats- filed to intervene. The Wisconsin Supreme Court has yet to rule on that motion.
The investigators argued, in their December 21 motion, that the state Supreme Court's order to turn over evidence is 'unfair' since it inhibits the investigators ability to respond to Archer's lawsuit.
The state Supreme Court decision have gained more criticisms and it has encouraged the prosecutors to appeal because the issue or the case involves alleged illegal campaign coordination by people that also spent heavily on electing conservative justices.
