Swift Change by DA and GAB In John Doe Investigations

Strange how this all happens on the day of the Election.

Right Wiscosnsin:

MADISON, Wis. – In a court filing that one constitutional law expert calls a “stunning reversal,” the Government Accountability Board appears to concede that the “legal theory” driving the secret John Doe investigation into Wisconsin conservatives is legally “indefensible.”

A joint motion filed by both parties on Election Day in U.S. District Court in Milwaukee stipulates that a court-issued injunction preventing the accountability board and Milwaukee County District Attorney John Chisholm from enforcing a constitutionally suspect section of Wisconsin campaign finance law will remain in force.

The agreement also halts further proceedings before U.S. District Judge Rudolph Randa, while Milwaukee-based Citizens for Responsible Government Advocates, a conservative 501(c)(4) group, petitions the state Supreme Court to hear the case.

A constitutional law expert tells Wisconsin Reporter that the GAB and the district attorney have essentially “rolled over” on the merits of CRGA’s case, and that the accountability board and the DA are coming to terms with the fact that their interpretation of state campaign finance law is indefensible.

“Really this is just stunning,” said the legal expert, who asked to remain anonymous due to his proximity to the case. “A couple of months ago this is the legal theory that John Chisholm was defending to the hilt. At this point, the state has rolled over on the issue and agreed that their own conduct must be enjoined.”

Also in the Story there is this:

One attorney close to the case tells Wisconsin Reporter that because plaintiffs have argued that the prosecutors have abused their First Amendment rights, there’s a strong likelihood that CRGA would be successful in its claims against the Government Accountability Board and Chisholm.3

“Given the situation, the way I would read the statutes and the regulations, I don’t think there is any way to say (plaintiffs) don’t have the likelihood of success,” said the source, who also asked not to be identified due to his proximity to the case.