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Nefarious ProbeFollow

#1 May 08 2014 at 6:48 AM Rating: Good
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Some weird stuff going on in WI. Not sure I quite understand it all myself, but this is what I've gathered thus far:

There was a five-county investigation going on into the coordination between candidates and conservative groups during the spate of recalls in Wisconsin in 2011 and 2012. The investigation was just a fact finding deal I guess trying to determine if there was valid evidence of illegal doings...so I guess it gets labeled as a "John Doe Investigation"

The Wisconsin Club for Growth, a conservative 501c org. filed a civil rights lawsuit against the counties investigation claiming that it was violating, or potentially inhibiting their free speech.

Randa, a federal judge for the U.S. District Court Eastern District of Wisconsin in Milwaukee on Tuesday granted a preliminary injunction to stop the 'nefarious' probe and destroy all evidence that had thus far been collected.

Then yesterday this....
Quote:
A three-judge panel of the 7th Circuit U.S. Court of Appeals in Chicago stayed U.S. District Judge Rudolph Randa's preliminary injunction from Tuesday stopping the John Doe investigation, saying he had overstepped his authority. The appeals court ruling also said Randa cannot order prosecutors to destroy evidence they have collected in the five-county probe.


It's all kind of crazy, but I the idea of a nefarious probe is one that needed further examination.



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#2 May 08 2014 at 7:31 AM Rating: Good
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"If there was nothing bad going on, why are they trying so hard to avoid it?"
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#3 May 08 2014 at 9:27 AM Rating: Excellent
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Elinda wrote:
Some weird stuff going on in WI.
It's Wisconsin. The best thing that comes out of there is old cow's milk. Do we really want to dig into why?
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#4 May 08 2014 at 9:32 AM Rating: Good
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someproteinguy wrote:
Elinda wrote:
Some weird stuff going on in WI.
It's Wisconsin. The best thing that comes out of there is old cow's milk. Do we really want to dig into why?

Milk from an aged cow, or cow's milk that has aged?

This is a pretty important distinction for the one consuming the milk.

The nefarious probe story - I forgot to link it in the op.



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#5 May 08 2014 at 9:42 AM Rating: Excellent
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Elinda wrote:

Milk from an aged cow, or cow's milk that has aged?

This is a pretty important distinction for the one consuming the milk.

The nefarious probe story - I forgot to link it in the op.
Either way works fine for the analogy.

It is funny they're still fighting over this. Well in one of those "thank goodness it's not in my state" kind of ways. I wonder if they took all the money both sides have wasted in advertizements, consultants, lawyers, and what not if they would have enough to cover the higher compensation level for the public workers. Smiley: rolleyes
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#6 May 08 2014 at 12:57 PM Rating: Good
Nefarious Probe sounds like a great metal band name.
#7 May 08 2014 at 1:04 PM Rating: Good
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Catwho wrote:
Nefarious Probe sounds like a great metal band name.
It wouldn't surprise me at all if that band exists.
#8 May 08 2014 at 1:17 PM Rating: Excellent
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His Excellency Aethien wrote:
Catwho wrote:
Nefarious Probe sounds like a great metal band name.
It wouldn't surprise me at all if that band exists.
If they do they need to practice more and get better because I can't find them with google.
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#9 May 08 2014 at 1:23 PM Rating: Good
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Clearly google is too mainstream for them.
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#10 May 08 2014 at 1:25 PM Rating: Excellent
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That would make sense, can't imagine any of the lyrics would make it past the censors anyway.
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#11 May 08 2014 at 1:37 PM Rating: Excellent
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someproteinguy wrote:
His Excellency Aethien wrote:
Catwho wrote:
Nefarious Probe sounds like a great metal band name.
It wouldn't surprise me at all if that band exists.
If they do they need to practice more and get better because I can't find them with google.
I can find a whole bunch of metal bands from all over the world named Nefarious, none of them seem to have had the idea to add Probe to that.

Edit: I found a Nefarious Mash and a Nefarious Azarak though, still no Nefarious Probe.

Edited, May 8th 2014 9:40pm by Aethien
#12 May 09 2014 at 7:08 AM Rating: Good
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His Excellency Aethien wrote:
someproteinguy wrote:
His Excellency Aethien wrote:
Catwho wrote:
Nefarious Probe sounds like a great metal band name.
It wouldn't surprise me at all if that band exists.
If they do they need to practice more and get better because I can't find them with google.
I can find a whole bunch of metal bands from all over the world named Nefarious, none of them seem to have had the idea to add Probe to that.

Edit: I found a Nefarious Mash and a Nefarious Azarak though, still no Nefarious Probe.

Edited, May 8th 2014 9:40pm by Aethien

I thought it sounded like a rare-drop weapon from the Interrogator Boss mob in some syndicate type game.
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#13 May 09 2014 at 8:03 PM Rating: Decent
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Elinda wrote:
Some weird stuff going on in WI. Not sure I quite understand it all myself, but this is what I've gathered thus far:

There was a five-county investigation going on into the coordination between candidates and conservative groups during the spate of recalls in Wisconsin in 2011 and 2012. The investigation was just a fact finding deal I guess trying to determine if there was valid evidence of illegal doings...so I guess it gets labeled as a "John Doe Investigation"

The Wisconsin Club for Growth, a conservative 501c org. filed a civil rights lawsuit against the counties investigation claiming that it was violating, or potentially inhibiting their free speech.


Not that I've like dug into this particular issue, but it looks like the issue is that they believe that the investigations real purpose was not to discover some wrongdoing, but merely to gather the evidence itself (donor lists). The free speech concern is that once gathered and filed, a third party could foia it in order to disclose the names, and use it to threaten people out of donating for similar campaigns/causes in the future. I'm assuming that's what was behind the reasoning to actually destroy the evidence.

Given the recent firing of a CEO over a $1000 donation to a ballot initiative in California (which won with 55% of the vote), I don't think the free speech claim is totally without merit. I agree with the article that the judge should have actually ruled the initial investigation frivolous first, but maybe he was concerned about the timing of things. Given that it looks like there is a party to all this fighting to make that donor list public, it would seem really relevant if we accept the theory that the whole thing is to use that information to go after Walker supporters for committing the heinous crime of actually participating in politics.
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#14 May 09 2014 at 8:10 PM Rating: Excellent
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Sounds like people with no concept of what "free speech" is, then.
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#15 May 09 2014 at 11:44 PM Rating: Decent
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Elinda wrote:
His Excellency Aethien wrote:
someproteinguy wrote:
His Excellency Aethien wrote:
Catwho wrote:
Nefarious Probe sounds like a great metal band name.
It wouldn't surprise me at all if that band exists.
If they do they need to practice more and get better because I can't find them with google.
I can find a whole bunch of metal bands from all over the world named Nefarious, none of them seem to have had the idea to add Probe to that.

Edit: I found a Nefarious Mash and a Nefarious Azarak though, still no Nefarious Probe.

Edited, May 8th 2014 9:40pm by Aethien

I thought it sounded like a rare-drop weapon from the Interrogator Boss mob in some syndicate type game.

The Nefarious Probe? Isn't that what Vader used on Leia early on in SW:ANH?
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#16 May 12 2014 at 7:28 AM Rating: Good
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I think it's what Leia used on Luke in Empire Strikes Back.
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#17 May 12 2014 at 5:55 PM Rating: Decent
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Jophiel wrote:
Sounds like people with no concept of what "free speech" is, then.


/shrug

The courts have long defended speakers against undo reprisal, doubly so when the subject matter is political. There's a line that kinda has to be drawn between holding people responsible for what they do and say, and allowing people to be selectively targeted for the speech equivalent of mob justice. There has to be a distinction made between individuals acting in response to a single specific act and organized action designed, not to respond to one instance of speech, but to deter others from engaging in the same form in the future.

Getting a CEO fired over a $1k donation wasn't about that donation. It was about sending a chilling message to anyone else who might consider supporting ballot initiatives which hold popular support, but which oppose a small and vocal minorities sense of right and wrong. Regardless of where we stand on the issue itself, it's reasonable to assume that the motivation for this case (the recall of Walker, which was incredibly contentious) is to expose donors to the same sort of reprisal. While I'd be cautious about this sort of thing as a blanket action, in this specific case, I totally agree that the "evidence" should not remain in the public record in any form.
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#18 May 12 2014 at 6:03 PM Rating: Excellent
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gbaji wrote:
Jophiel wrote:
Sounds like people with no concept of what "free speech" is, then.
/shrug

No, really. "Free speech" (technically the concept thereof, not the phrase) has an actual meaning from a legal standpoint. It's not "Waahhh, some people were mean to me because they didn't like what I said".

Edited, May 12th 2014 7:05pm by Jophiel
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#19 May 12 2014 at 6:31 PM Rating: Excellent
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Gbaji's always in favor of the free market, except for when lowly, average consumers actually exert influence over it.
#20 May 12 2014 at 7:00 PM Rating: Decent
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Jophiel wrote:
gbaji wrote:
Jophiel wrote:
Sounds like people with no concept of what "free speech" is, then.
/shrug

No, really. "Free speech" (technically the concept thereof, not the phrase) has an actual meaning from a legal standpoint. It's not "Waahhh, some people were mean to me because they didn't like what I said".


Which isn't the issue at hand. The issue at hand is a government agent (in this case, the court) collecting and assembling information about the speech of others so that it can be used by those opposed to the speech "to be mean to them". That's where the governments actions are problematic. No one's saying that if someone steps out in the public arena and says something, that said person isn't subject to any public reaction that may garner.

The question is whether or not someone can be compelled to provide information about what they spend money on, or what speech they support, if they wish that information to remain secret. Can the government essentially spy on its citizens in order to provide information about them to interested (and opposed) third parties. Think carefully about your answer here. While this particular case may seem easy to say "Of course!", think about how this might be abused (or has been in the past). Let's imagine that this was a group of people donating the the SPLC in the South in the 60s, and someone sued them to get their list of donors so they could be made public (with potential negative effects ranging from loss of business to being lynched by the Klan). Would that be ok with you?


Maybe "free speech" is the wrong label to use, but that's the one usually associated with things like donating to political causes. And while that should be protected like speech, it should not always be required to be "public". People should be able to donate to causes without fear of reprisal from those who disagree with them. Such speech, when it intersects with political alignments, should be allowed to be privately engaged, for much the same reason we use secret ballots when voting. The problem of undo influence on people's true choices is too great to insist that such activities should be fully open to public scrutiny.

Whatever we call it, attempts to use the government to compel donor lists should only be allowed under really exceptional cases, and should be destroyed once the case at hand has been resolved. Certainly, they should *never* be used for any purpose other than to determine if some illegality was at play. And in this case, the judge clearly seemed to believe that the sole purpose of the lawsuit was to collect the donor lists, so his order to destroy them as evidence was justified.
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#21 May 12 2014 at 7:02 PM Rating: Excellent
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gbaji wrote:
People should be able to donate to causes without fear of reprisal from those who disagree with them
"Go to the political rally of my choice or be fired!"

Oh wait, you defended that one.
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#22 May 12 2014 at 7:20 PM Rating: Excellent
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gbaji wrote:
The question is whether or not someone can be compelled to provide information about what they spend money on, or what speech they support, if they wish that information to remain secret.

In the course of an investigation into illegal activity? Of course. What a silly question. Mind you, the question isn't your strawman "what speech they support" but rather the "what they spent money on". If that happens to reveal what speech they support, so it goes.
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#23 May 12 2014 at 8:43 PM Rating: Good
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Jophiel wrote:
gbaji wrote:
The question is whether or not someone can be compelled to provide information about what they spend money on, or what speech they support, if they wish that information to remain secret.

In the course of an investigation into illegal activity? Of course. What a silly question. Mind you, the question isn't your strawman "what speech they support" but rather the "what they spent money on". If that happens to reveal what speech they support, so it goes.
You forgot "If you've done nothing wrong, you've got nothing to hide".Smiley: schooled
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