Welcome to a genuine phony scandal. You may have caught a glimpse of the lurid headlines this morning, which were splashed across the front pages of many of America's leading newspapers -- and, indeed, on our own website: "Prosecutors Say Scott Walker at the Center of Criminal Scheme." The resulting impression is that the Wisconsin governor is embroiled in a serious new scandal, in which charges may be imminent. Nothing could be further from the truth. In fact, the media's breathless coverage of a recent document release has largely promulgated the opposite of the truth. On that score, Gabriel Malor, an attorney and blogger, has a must-read primer at The Federalist. It lays bare the thorough dishonesty and inanity of the current press coverage.
For the uninitiated, Democratic district attorneys in Wisconsin opened asecret investigation into whether Gov. Walker's campaign illegally coordinated with outside conservative groups during the acrimonious recall election of 2012. The sealed nature of the probe (known as a "John Doe" investigation) barred its targets from even acknowledging its existence in public. When the partisan prosecutors presented their "evidence" in a closed proceeding, they were swiftly thrown out of state court with their subpoenas quashed for lack of probable cause. Then, when a conservative activist targeted by "John Doe" sued the prosecutors for abuse of power and violating his rights, a federal judge emphatically sided with him, ordering the investigation be shut down, and paving the way for the retaliatory lawsuit to proceed. Malor picks up the thread:
For the uninitiated, Democratic district attorneys in Wisconsin opened a
Read the whole thing -- really. Here's the bottom line: The just-released court documents that prompted exhilarated hyperventilating from the media entailed accusations from partisan prosecutors that were (a) reviewed by state and federal judges and (b) summarily tossed out of court. Indeed, a federal judge determined prosecutors' conduct in the matter had been so improper that a civil rights lawsuit against was "likely to succeed on their claim that the defendants‘ investigation violates their rights under the First Amendment, such that the investigation was commenced and conducted without a reasonable expectation of obtaining a
That is disgracefully terrible journalism. Credit is due to Vox, a left-leaning online publication, for accurately summarizing the state of this investigation in a pair of pull quotes: "Judge Peterson ruled that prosecutors failed to show probable cause…no charges have been filed against anyone, and none appear imminent." That's correct. Walker's office released a scathing column on today's developments. An excerpt:
The governor appeared on Fox & Friends this morning to cut through the blizzard of reckless and ignorant (or worse) reporting on this matter:
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