The Milwaukee County executive’s office under Scott Walker “obstructed” a criminal investigation into missing donations to a veterans fund, two investigators alleged Friday in a federal court brief that includes recently unsealed investigative records.
The documents provide new information about the extent of the now-closed John Doe criminal investigation into the activities of Walker and his staff before he was elected governor in 2010. The filing came in response to a lawsuit filed by one of the Republican governor’s former top aides, Cindy Archer, who claims she and others have been targeted by Democratic Milwaukee County District Attorney John Chisholm because of their work on behalf of Walker.
The filing in U.S. District Court in Milwaukee revealed that Archer and Walker’s then-campaign treasurer, John Hiller, were under criminal investigation five years ago for their actions involving the proposed lease of office space by Milwaukee County that would have benefited real-estate clients of Hiller’s who had made donations to Walker’s gubernatorial campaign.
In addition, Archer was investigated for working on campaign-related business for the campaign on “multiple occasions over a sustained period of time” while working for Walker as director of the Milwaukee County Department of Administrative Services, the filing showed.
Friday’s filing is aimed at refuting allegations made by Archer in a lawsuit filed July 1 in Milwaukee County Circuit Court alleging that prosecutors led by Chisholm have engaged in a “continued campaign of harassment and intimidation” against Archer and other Walker supporters, including a search of her Madison home in September 2011.
The Wisconsin State Journal reported in October that Archer had given Hiller inside information about a pending bid for office space and that Walker was aware of the activity. That report was based on thousands of pages of emails released from the investigation, which ended in 2013. A second John Doe investigation into coordination between Walker’s recall campaign and conservative political groups was halted in July by the Wisconsin Supreme Court.
Milwaukee County ultimately decided not to rent the additional office space, and no one was ever charged in connection with the 2010 request for proposals.
“A Democratic district attorney who’s looked at this issue for two years 20 months ago … closed that case because he didn’t find any reason to go forward. I think that speaks volumes,” Walker told the newspaper at the time.
A message left with Walker’s office Friday evening asking about the allegations that his office failed to cooperate in the investigation into the theft of veterans funds was not returned. However, in 2012, the Milwaukee Journal Sentinel reported that a Walker spokeswoman denied that his office was uncooperative with the probe.
On Thursday, prosecutors sued by Archer responded by filing a request with U.S. District Judge Lynn Adelman that the lawsuit be moved to federal court because the allegations involve alleged federal civil-rights violations.
On Friday, two of the defendants, chief investigator David Budde and investigator Robert Stelter, filed a response. In it, they reaffirmed that the John Doe investigation began after one of Walker’s top staff reported funds missing from “Operation Freedom,” an annual event held by Walker’s office to thank veterans for their military service.
They said the secret probe was necessary only because Walker’s office “was uncooperative and obstructed the District Attorney’s Office’s efforts to obtain documentation of the County’s receipt and disbursement of donations from Operation Freedom.”
“As a consequence, the District Attorney’s Office was forced to petition a John Doe proceeding in order to have legal mechanisms to obtain relevant documentation from the County Executive’s Office,” they argued.
Two Walker associates — former Deputy Chief of Staff Tim Russell and former veterans’ commission member Kevin Kavanaugh — were convicted of stealing more than $70,000 in donations from Operation Freedom. Four others, including Walker’s former deputy chief of staff, Kelly Rindfleisch, were convicted on a variety of other charges.
Although the investigation initially was launched to probe the missing veterans funds, prosecutors repeatedly enlarged it as they came across illegal campaign activity by Walker staffers, possible bid rigging and improper campaign contributions. Walker was never charged.
Archer’s lawsuit claims she was subjected to unwarranted investigation, including the Sept. 14, 2011 “raid” of her Madison home, as retaliation for her work with Walker on writing Act 10. Walker introduced the bill in February 2011 shortly after taking office.
But Budde and Stelter provided John Doe records unsealed July 10 by John Doe judge Neal Nettesheim showing the investigation into Archer’s activities began months before Walker’s surprise introduction of the bill that sparked weeks of protests at the Capitol.
The records show Archer’s Milwaukee County office was searched in December 2010 for evidence that she had worked on Walker’s gubernatorial campaign while on county time and at her county office.
The filing also includes a tape recording made of Archer’s interactions with officers during the search of her home, which was conducted by the FBI and members of the Milwaukee County and Dane County district attorneys’ offices. The recording was not available online late Friday.
In their brief, Budde and Stelter revealed that the Archer investigation involved not only possible bid rigging and suspected illegal campaign activity but also possible violations of the state open records law. The brief said a criminal complaint was drafted naming Archer “and others” with two counts of conspiracy to commit misconduct in public office and one count of solicitation to commit misconduct in public office, but Chisholm’s office decided not to file it.
“While the District Attorney’s Office ultimately decided not to issue the draft criminal complaint, it reflects the good faith basis all defendants had in investigating Archer’s conduct for Milwaukee County,” the two argued.
The filing also showed that two weeks after the search of her home, Archer signed a proffer letter in which she agreed to provide information to the district attorney’s office of “criminal activity in the Milwaukee area and elsewhere” in exchange for a promise that the interview would not be used directly against her in any criminal or civil proceeding.