The U.S. Supreme Court won’t hear a lawsuit challenging the John Doe investigation of conservative groups and Gov. Scott Walker’s recall campaign.
The Wisconsin Club for Growth brought the lawsuit in federal court against the prosecutors leading the John Doe, arguing the probe was chilling the Club’s First Amendment rights. It won in lower court when District Judge Rudolph Randa ordered the investigation stopped and took the unusual step of ordering evidence destroyed.
An appeals court overturned Randa, calling his decision an abuse of discretion. The Club for Growth appealed that ruling to the U.S. Supreme Court, where justices announced Monday that they won’t take the case.
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That leaves the investigation in the hands of the state Supreme Court, where justices are being asked to rule on whether Wisconsin law even prohibits the kind of collaboration that is the subject of the investigation.
Court documents suggest Walker’s campaign was urging donors to give to the Club for Growth so they could contribute unlimited amounts and keep their names secret.
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