According to theprosecutors:
- Walker’s campaignoverlapped with Wisconsin Club for Growth: Buried infootnote #23 on page 8 of Doe Exhibit C, “Those individuals [working for Walker's campaign] included 1) ScottWalker, the gubernatorial candidate; 2) Keith Gilkes—the FOSW [Friends of ScottWalker] campaign manager; 3) Kate Lind—treasurer for FOSW; 4) R.J. Johnson—apaid advisor to FOSW who worked for WiCFG [Wisconsin Club for Growth] and withCFSA [Citizens for a Strong America]; 5) Deborah Jordahl—an advisor to FOSW(who was paid by R.J. Johnson and Associates, a paid consultant to FOSW) whoissued checks for WiCFG; Kate Doner and Doner Fundraising—fundraisers workingfor FOSW and WiCFG; 7) Kelly Rindfleisch—a fundraiser for FOSW and WiCFG; 8)Mary Stitt—a fundraiser for FOSW and WiCFG.”
- Walker raised fundsfor Wisconsin Club for Growth: “In addition to fundraising for FOSW, GovernorScott Walker simultaneously raised funds for WiCFG for ‘coordinated activities’under the control and direction of R.J. Johnson during the 2011 and 2012Wisconsin Senate and Gubernatorial recall elections. Concurrently, R.J. Johnsondirected many activities of both WiCFG and FOSW.”
- Johnson and Jordahl"were" Wisconsin Club for Growth: “During the 2011 to 2012 Wisconsin State andGubernatorial recall elections, R.J. Johnson exercised direction and controlover WiCFG.” Later, “R.J. Johnson has stated 'We own CFG.'”
- Johnson and Jordahl set up a phony special interest group: Citizens for aStrong America “was the creation of Deborah Jordahl and R.J. Johnson.”
- Coordinationstarted in March 2011, with R.J. Johnson as the hub: “Beginning in March 2011,there were open and express discussions of the need to coordinate theactivities of entities like Americans for Prosperity (AFP), Club for Growth(CFG), Republican Party of Wisconsin (RPW), Republican State LeadershipCommittee (RSLC), and the Republican Governors Association (RGS). Conferencecalls were held involving entities such as FOSW, RGA and WMC.”
- Actually, thecoordination likely started earlier: “WiCFG is likely to possess relevantdocumentary evidence dating back to 2009.”
- The national Clubfor Growth was concerned about Johnson’s coordination with Walker's campaign:Notably, prior to the 2011 Wisconsin Senate recall elections, the national Clubfor Growth organization raised concerns about coordination or interactionbetween WiCFG and FOSW as early as 2009. R.J. Johnson was a paid advisor to FOSW during the 2010 Gubernatorial election, and through at least January2012.” In footnote #41, released as Exhibit 15, it says, “On April 28, 2009,David Keating the Executive Director of the (national) Club for Growth at thattime told R.J. Johnson that Keating had ‘legal concerns’ about whether WiCFGshould continue to run ads that featured Scott Walker, who had declared hiscandidacy for Governor. Keating requested that R.J. Johnson brief the CFG onlegal issues prior to running such ads.”
- Walker's chief of staff was in on all discussions: "During the 2011Wisconsin Senate recall elections, Governor Walker’s Chief of Staff, KeithGilkes, was included in discussions involving coordination between severaldifferent organizations.”
So here’s the rest ofthe story—or more of it, at least.
Special prosecutorFrancis Schmitz is arguing that R.J. Johnson and his business partner DebJordahl used the Wisconsin Club for Growth (WiCFG) and the sham organizationCitizens for a Strong America (CFSA) to coordinate campaign activities underthe radar. R.J. was on Walker’s payroll as an advisor and strategist.
While theinvestigation is focused on the 2011 and 2012 recalls, Schmitz alleges thatthey were involved with CFSA long before the recalls—long before Walker waselected governor, in fact—as far back as March 2010, when Walker was Milwaukee County executive.
Schmitz reported thatthe national Club for Growth was concerned about Johnson’s entanglement as farback April 2009.
Schmitz argued that the Walker campaign’scoordination with these outside groups was illegal. If they were coordinating,then Walker would have had to report their financial activity on his campaignfinance reports. He didn't. And, in addition, the folks who are involved in the outside groups aresupposed to sign a pledge stating that they will not “act in concert with, orat the request or suggestion of, any candidate or agent or authorized committeeof a candidate.”
Schmitz goes back totwo big cases in Wisconsin campaign finance law, the decisions involvingJustice Patrick Wilcox and an outside interest group that sent outpostcards on his behalf, and former Majority Leader Chuck Chvala, who wasconvicted on charges of illegally coordinating fundraising and expenditures of“independent” entities. He argues that the Walker campaign did the same type ofcoordination and therefore the John Doe investigation into his activities isjustified.
He also argued thatjust because the outside groups didn’t use “express advocacy” doesn’t mean thattheir messages don’t constitute “political purpose”—again, citing the decisionin the Wilcox case.
Lastly, Schmitzargued that Walker and co. aren’t saying that they didn’t do it. They’re justsaying that what they did isn’t illegal.
One month later,Judge Peterson rejected those arguments. At one point he wrote, “As a generalstatement, independent organizations can engage in issue advocacy without fearof government regulation. However, again as a general statement, when theycoordinate spending with a candidate in order to influence an election, theyare subject to regulation.”
He wrote that Schmitzdidn’t argue that the groups used “express advocacy,” nor did he argue that“coordination of expenditures occurred.”
And then he haltedthe investigation.
