Media Malpractice – Report false criminal accusations against Walker, but not contrary judicial rulings
Posted by William A. Jacobson Thursday, June 19, 2014 at 3:25pm
Multiple judges have found there was no crime even if what prosecutors claim was true.
Walker addresses crowd
The big breaking news in the “John Doe” anti-Conservative Wisconsin investigation is that the 7th Circuit Court of Appeals released previously sealed court exhibits detailing accusations made at the time the Wisconsin prosecutors commenced the proceeding.
So you get screaming headlines such as these:
Headlines Scott Walker Accused of criminal scheme
What is not being reported, is that multiple judges have found that the alleged criminal conduct was not in fact criminal even if the factual allegations were true. Here is part of Federal Judge Renda’s opinion, which remains in effect halting the John Doe investigation, in a case brought by two of the targets:
The standard to apply in these cases was recently made clear by the Supreme Court in McCutcheon. Any campaign finance regulation, and any criminal prosecution resulting from the violation thereof, must target activity that results in or has the potential to result in quid pro quo corruption….
It is undisputed that O‘Keefe and the Club engage in issue advocacy, not express advocacy or its functional equivalent. Since § 11.01(16)‘s definition of political purposes must be confined to express advocacy, the plaintiffs cannot be and are not subject to Wisconsin‘s campaign finance laws by virtue of their expenditures on issue advocacy….
While the defendants deny that their investigation is motivated by animus towards the plaintiffs‘ conservative viewpoints, it is still unlawful to target the plaintiffs for engaging in vigorous advocacy that is beyond the state‘s regulatory reach….
The plaintiffs have been shut out of the political process merely by association with conservative politicians. This cannot square with the First Amendment and what it was meant to protect.
A state court judge similarly found the accusations frivolous in refusing to issue subpoenas, Big defeat for anti-conservative Wisconsin “John Doe” probe.
So the media headlines are all about the accusations — accusations which have been rejected multiple times by judges.
This is what the opposition to Walker wanted, headlines making criminal accusations.
http://legalinsurrection.com/2014/06/media-malpractice-report-false-criminal-accusations-against-walker-but-not-contrary-judicial-rulings/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+LegalInsurrection+%28Le%C2%B7gal+In%C2%B7sur%C2%B7rec%C2%B7tion%29
