Common Cause in Wisconsin Executive Director Jay Heck says the ongoing "John Doe 2" investigation underscores a need for governmental transparency and campaign finance reform to make it easier for voters to know the sources behind political contributions.
The probe has been led by district attorneys in five Wisconsin counties who are investigating whether Gov. Scott Walker’s recall campaign illegally coordinated with conservative groups. It stems from an earlier Joe Doe investigation that centered on illegal activity in the Milwaukee County executive’s office. The investigation uncovered a number of crimes and resulted in the conviction of six Walker aides on charges ranging from theft from a veterans group to misconduct in office.
Part of the current case's focus is on the Wisconsin Club for Growth, a conservative group that spent $9.1 million in dark money during the recall. The Club has argued that because their political advertisements didn’t endorse or attack a specific candidate and instead promoted issues, that they should not be required to disclose who pays for the ads and are protected under the First Amendment.
"Which is patently ridiculous, because those types of communication have just as much influence in the minds of voters," said Heck. "Voters don't know whether it's express advocacy or issue advocacy. All they know is that when they hear political ads prior to an election, that there’s someone who is trying to influence the outcome. They should have the right to know where that money is coming from."
Heck added that dark money keeps hidden potential conflicts of interest and potential "pay to play" arrangements.
Meanwhile, the Wisconsin Supreme Court announced last week it was canceling oral arguments on three cases related to the secret investigation. The high court will instead deliberate briefs in secret to determine if the case should proceed further. The trial is expected to begin in late April. Information is not made public unless criminal charges are filed.
Heck raised questions about whether some justices of the state Supreme Court have potential conflicts of interest receiving donations from two groups under investigation. According to Heck, Wisconsin Club for Growth donated $1.75 million to the "conservative" members of the bench, including Patience Roggensack, David T. Prosser, Michael Gableman and Annette Ziegler.
Justice Ann Walsh Bradley, who is currently facing re-election, is the only justice to recuse herself from the case thus far. Heck said it's unlikely other judges will follow her lead due to Wisconsin’s weak recusal laws.
"The rule says if you're a Supreme Court justice and parties come before you, you do not have to step aside if one or more of the parties made either large campaign contributions (to) your election or spent outside money on your behalf," said Heck.
Heck said that seems to contradict the 2009 U.S. Supreme Court case Caperton v. Massey, which set the precedent that a judge must recuse themselves when they have an economic interest in the outcome of the case.
"Money is a big issue and it’s one of the reasons why people have said that these justices ought to step down. But they're not going to," Heck said.