A Republican-backed bill to prohibit the use of secret John Doe investigations into possible illegal political activity passed both houses of the state Legislature early Wednesday morning.
The Assembly approved the bill Tuesday, and when Senate Democrats blocked their house from voting on the bill the same day, Republican leadership scheduled a vote on the bill for 12:01 a.m. Wednesday, sending the bill to Gov. Scott Walker’s desk later that day.
Wisconsin’s unique John Doe law, which has been in place since the state was a territory, provides prosecutors the power to conduct secret investigations without public scrutiny. It was recently used to investigate Walker’s office for what prosecutors said were campaign law violations before the investigation was halted in the courts.
It may still be used in cases of homicide or gang-related activity when witnesses are at risk of retribution.
Republicans argue that the secret probe should be replaced by a grand jury in cases of possible bribery, pay-to-play schemes, illegal campaign financing and other acts of political misconduct.
“The John Doe statute needs to be reformed because it allows for unconstitutional investigations; it curbs free speech and it is ripe for abuse,” said Assembly Speaker Robin Vos, R-Rochester. “Their investigations can keep going … until they find some reason to justify the witch hunt they began.”
Calling the exemption for politicians “unbelievable,” Assembly Minority Leader Peter Barca, D-Kenosha, said the bill means the “era of clean government is over.”
“It’s going to make it easier for political corruption to take place, more difficult to be investigated and nearly impossible for political corruption to be prosecuted,” Barca said.
Rep. Evan Goyke, D-Milwaukee, argued that the secrecy of John Doe investigations empower witnesses to testify without fear of political retribution.
“Would you be compelled to testify against your caucus member if you knew they were doing something illegal?” Goyke asked the legislature. “The answer is no. The reason why John Doe is a useful tool is because it can pierce that relationship.”
Democrats also attacked the grand jury system, which requires 75 jurors, for being too expensive for counties to afford, potentially ending many investigations.
“You’re bankrupting your counties, particularly your small counties,” said Rep. Fred Kessler, D-Milwaukee.
The Republican majority tabled a Democratic amendment to shift the cost associated with a grand jury to the state.
Vos warned that Democratic criticism was “hyperbole,” comparing it to their staunch opposition to Act 10, which Vos claimed has improved schools statewide.
“I have dozens of examples of your hyperbolic rhetoric where you say the world is coming to an end and the reality is 100 percent the opposite,” Vos said.
