[Governor Scott] Walker prevailed [over the recall attempt against him]. The Democratic prosecutors, however, seeking to cripple his 2014 reelection campaign and to damage him as a potential 2016 presidential aspirant, have resorted to a sinister Wisconsin process called a “John Doe investigation.” It has focused on the activities of O’Keefe and 28 other conservative individuals or organizations .
In such investigations, prosecutors can promiscuously issue subpoenas and conduct searches. The identities of the targets are kept secret, and the targets are silenced by gag orders, thereby preventing public discussion of the process. Thus John Doe investigations are effective government instruments of disruption and intimidation.
[U.S. District Judge Rudolph T. Randa] correctly concluded that the John Doe investigation had no reasonable expectation of obtaining a conviction. But its aim, which had been achieved until Randa’s ruling, was utterly unrelated to law. It was abetted by selective leaks by the prosecutors and by subpoenas sent to conservative donors and organizations nationwide. The purpose of all this was to suppress conservative political advocacy by consuming the time and other resources of conservative leaders, and by making people wary of collaborating with those targeted by a secretive criminal investigation. …
Liberals inveighing against “dark money” in politics mean money contributed anonymously to finance political advocacy. Donors’ anonymity thwarts liberals’ efforts to injure the livelihoods of identifiable conservatives by punishing them for their political participation and thereby deterring others from participating.