Probe into Scott Walker's recall campaign goes to court
Prosecutors investigating Wisconsin Gov. Scott Walker's recall election campaign and conservative groups supporting him hope to convince a federal appeals court to eventually allow them to resume a probe of possible illegal coordination and fundraising.
The arguments Tuesday before the 7th U.S. Circuit Court of Appeals in Chicago come exactly two months before Walker faces re-election against Democrat Mary Burke. As the leader of a battleground state who grew up in the early-nominating state of Iowa, the embattled Wisconsin governor is considered a potential 2016 presidential contender.
Walker gained notoriety in 2011 with his measure that effectively ended collective bargaining for most public workers. That fight with public unions led to the 2012 vote to recall Walker, which he won, making him the first governor in U.S. history to defeat a recall.
However, it's unclear whether after all the controversy, he'll survive this year's race. A new poll conducted by We Ask America showed Burke with a four-point lead over Walker.
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It isn't clear whether the appeals court will rule in the latest probe before the Nov. 4 election.
No one has been charged in the investigation into Walker's recall campaign, and prosecutors have said the governor is not a target. Walker and Republicans have dismissed the investigation as a partisan witch hunt, while Democrats say it has revealed serious questions about possible illegal activity by Walker and his backers.
The case largely centers on the type of political activity being done by the conservative groups during the recall campaign and whether that work required them to follow state laws that bar coordination with candidates, requires disclosure of political donations and places limits on what can be collected.
Under Wisconsin law, third-party political groups are allowed to work together on campaign activity, but are barred from coordinating that work with actual candidates.
Prosecutors have said in court filings that they are looking into allegations of illegal campaign activity involving Walker, the Wisconsin Club for Growth, the state chamber of commerce and more than two dozen other conservative groups during the 2011 and 2012 recalls.
Documents released last month by a federal appeals court also show that prosecutors believe Walker personally solicited donations for Wisconsin Club for Growth to get around campaign finance limits and disclosure requirements as he fended off the recall attempt.
Aides told Walker to tell donors that they could make unlimited donations to Wisconsin Club for Growth without having the gifts publicly disclosed. Wisconsin Club for Growth then funneled the money to other conservative groups that advertised on Walker's behalf.
Prosecutors, who opened the investigation in 2012, want the appeals court to reverse a preliminary decision halting the investigation in May and dismiss the federal civil rights lawsuit filed by the conservative Wisconsin Club for Growth and its director, Eric O'Keefe.
The appeals court was also scheduled to hear arguments over a media coalition's request that all records in the case be made public.
And even if the court allows the investigation to resume, a state judge who also blocked the probe in January could keep it on hold. The state ruling also is being appealed.