Prosecutorial Discretion in the John Doe Investigation

Over at the Shark and Shepherd Blog, Rick Esenberg has put up a post questioning whether the recently filed criminal complaint in the ongoing John Doe investigation of the County Executive’s Office during Scott Walker’s tenure justifies the time and expense spent thus far on the investigation. I posted several comments in response to Rick’s post, and it seems worthwhile to repeat those same points on the Marquette Law School Faculty Blog.

First of all, it is unlikely that the John Doe investigation will remain focused solely on the existence of campaign activity during employee working hours. According to press reports, the investigation is proceeding in the direction of investigating possible destruction of evidence and obstruction of justice. As I tell the students in my Corporate Criminal Liability class, a cover up will cause a defendant more trouble than the underlying crime.

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The Two Political Half-States of Wisconsin

Gov. Scott Walker’s job performance is drawing strong disapproval—in the city of Milwaukee. Gov. Scott Walker’s job performance is drawing strong approval—in the rest of the Milwaukee media market.

A big thumbs up for Walker across most of the state of Wisconsin. A big thumbs down in Madison.

The two half-states of Wisconsin—one with clear Democratic majorities, one with clear Republican majorities—can be seen in the results of the Marquette Law School Poll released this week. Political contests in either of the half-states alone would be bring few surprises and little drama because they would be one-sided. But combine the two halves into the one Wisconsin we actually have, and you get a polarized, evenly split state that has become a center of passionate partisanship, attracting high levels of national attention.

You can see the two half-Wisconsins in the demographic breakdowns of many of the questions in the new Law School poll. (The results are all on the Law School Poll’s webpage. To go to them, click on “Results & Data” and then on the line referring to “crosstabs.”)

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Marquette Law School Poll: The First Results Are Out

The first results from the Marquette Law School Poll, the largest political polling project in Wisconsin history, were released Wednesday morning, providing a fresh and provocative view of public opinion across the state.

The full poll results can be found here.

At noon today (Jan. 25), Charles Franklin, visiting professor of law and public policy and director of the poll, will discuss the poll results with Mike Gousha, distinguished fellow in law and public policy, in Eckstein Hall. The session is free and open to the public. Video of the session will be posted on the Web page for the poll shortly after the session ends.

A brief look at the results: With the spotlight on the almost-certain recall election for governor, more people said at this point that they would vote for Gov. Scott Walker, the Republican who has been in office for a year, than for any of four possible Democratic challengers. The margins in favor of Walker ranged from five to ten percentage points.

Asked if they approved or disapproved of the way Walker is handling his job as governor, 51% said they approved and 46% said they disapproved.

The poll results also included information on how Wisconsinites rate candidates for the U.S. Senate seat that is open this year, what they think of some of the proposals that have stirred controversy in the state in the last year, and the standing of President Barack Obama and some of the Republican candidates for president. 

The Law School polling project will continue throughout 2012, with fresh rounds of polling generally monthly. All poll results, along with analysis of what the poll shows, links to media coverage of the poll, and announcement of upcoming events, will be posted on the Web page for the poll.

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