MADISON, Wis. (AP) - Republican legislators have nearly finished their drive to scale back secret John Doe investigations, moving within one vote of sending to Gov. Scott Walker a bill barring prosecutors from using the process to probe political misconduct.
The proposal comes after prosecutors used the John Doe procedure to investigate Walker’s former associates as well as his recall campaign, moves Republicans insist were politically motivated.
The Assembly passed the bill Tuesday evening on a 60-36 vote, with all Republicans in support and Democrats opposed, after four hours of fierce debate.
The Senate took up the proposal around midday Tuesday. Debate stretched into the late afternoon before minority Democrats blocked a final reading of the bill, the last step before a vote. The move prevented a vote until the next calendar day; Majority Leader Scott Fitzgerald adjourned the chamber Tuesday evening and reconvened it about seven hours later at 12:01 a.m. Wednesday.
Debate went on for nearly an hour as Democrats argued the bill would create an elite class of politician that’s above the law and Republicans insisted prosecutors have turned the John Doe process into a political weapon. In the end the chamber passed the measure 18-14, with all Republicans voting for the measure and all Democrats against.
The Assembly planned to take a final vote on the measure Wednesday afternoon. Approval will send the measure on to Walker. The governor hasn’t said whether he’ll sign the bill, but his spokeswoman, Laurel Patrick, said he supports “common-sense reforms that protect free speech and ensure transparency and accountability for investigations.
John Doe proceedings are similar to grand jury investigations in that information is tightly controlled. Prosecutors secretly present evidence to a judge and can force witnesses to testify in secret. The judge ultimately decides whether a crime has been committed.
Walker has been involved in two John Doe investigations led by Milwaukee prosecutors. The first focused on his aides and associates when he was Milwaukee County executive. It netted six convictions, although Walker himself was never charged. The second investigation, which grew out of the first, looked into whether his 2012 gubernatorial recall campaign illegally coordinated with conservative groups.
That probe lasted about three years before the conservative-controlled state Supreme Court halted it this summer, finding it unconstitutional. Walker’s campaign coordinated with outside groups on issue advocacy, communications that don’t expressly demand voters elect or defeat a candidate, which amounts to free speech, the court said.
No one was charged in that investigation, but it dogged Walker as he ran for re-election last fall and again during his presidential bid this year. Republicans have loudly denounced the investigation as a political witch hunt and still maintain police were too heavy-handed when they executed a pre-dawn search warrant at the home of former Walker aide Cindy Archer and others. Archer has filed a federal lawsuit alleging the raid violated her civil rights.
Under the bill, prosecutors could use John Does to investigate serious physical crimes and drug activity but not allegations of campaign finance violations, misconduct in office or campaigning on government time.
Prosecutors would have to obtain permission from a majority of the state’s chief judges to extend investigations beyond six months. Secrecy orders would apply only to judges, prosecutors, court officials and investigators; witnesses and suspects would be allowed to discuss such investigations openly.
Republican backers in both the Senate and Assembly insisted the bill would protect free speech rights and bring a stop to meandering investigations designed to smear prosecutors’ political enemies. Sen. Tom Tiffany, R-Hazelhurst, the bill’s chief Senate sponsor, insisted the changes would make John Doe investigations more transparent and prevent prosecutors from abusing the process for political gain.
“I can tell you I want this to be my legacy,” Tiffany said during Tuesday afternoon’s debate. “We are protecting the weakest among us.”
Opponents said the measure is designed to shield politicians from investigators and will open the door to corruption.
“For all of you out there sitting on something that might be shady, don’t worry about it,” Sen. Jon Erpenbach, D-Middleton, said. “You wonder why people don’t like politicians. It’s this crap.”
The two sides sounded the same themes in the Assembly.
Assembly Speaker Robin Vos, R-Rochester, said that if it weren’t for “Walker derangement syndrome,” Democrats would support limiting John Does as well.
During the floor debate, Rep. Joe Sanfelippo, R-New Berlin, compared sheriff’s deputies who executed search warrants in the probe to Nazis. Democrats, including several Jewish lawmakers who said they were offended by the comparison, demanded an apology.
“Our Wisconsin law enforcement are not Nazis,” said Rep. Jonathan Brostoff, a Democrat from Milwaukee. “Nazis are Nazis.”
Rep. Chris Danou, D-Trempealeau and a former Onalaska police officer, called the remarks out-of-line.
“Cry me a river if you’re a criminal suspect and you don’t like a search warrant being executed,” he said. “Boo, hoo, hoo.”
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Associated Press reporter Scott Bauer contributed to this report.
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