Prosecutors in the now-defunct John Doe investigation are asking a federal judge to intervene in the long-running saga (again). WILL President and General Counsel Rick Esenberg isn’t so sure their maneuver will bear fruit.
Rick Esenberg, president of the conservative Wisconsin Institute for Law and Liberty whose firm filed friend-of-the-court briefs in connection with the second John Doe, said the federal court could resolve the matter by allowing the investigators to return the evidence to the affected parties. They could then use the normal discovery process, which Esenberg noted they are entitled to, to retrieve that evidence.
“Federal judges are loath to get crosswise with state courts unless it’s clearly necessary,” Esenberg said. “I think the defendants may be asking for too much.”
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