.

•

'

UNDER SEAL
'!I

STATE OF WISCONSIN
C 0 U R T OF A P P E A L S
DISTRICT IV

UNDER SEAL

Case No. 20 13AP002504 W
STATE ex rei. THREE UNNAMED PETITIONERS,
Petitioners,
vs.
THE HONORABLE GREGORY A. PETERSON,
John Doe Judge, THE HONORABLE GREGORY POTTER,
Chief Judge and FRANCIS D. SCHMITZ, as Special Prosecutor,.
Respondents.

Case No. 2013AP002505 W
STATE ex rel. THREE UNNAMED PETITIONERS,
Petitioners,
vs.
THE HONORABLE GREGORY A. PETERSON,
John Doe Judge, THE HONORABLE JAMES P. DALEY,
Chief Judge and FRANCIS D. SCHMITZ, as Special Prosecutor,
Respondents.

Case No. 2013AP002506 W
STATE ex rei. THREE UNNAMED PETITIONERS,
Petitioners,
vs.
THE HONORABLE GREGORY A. PETERSON,
John Doe Judge, THE HONORABLE GREGORY POTTER,
Chief Judge and FRANCIS D. SCHMIT~, as Special Prosecutor,
Respondents.

 Case No. 20 13AP002507 W
STATE ex rel. THREE UNNAMED PETITIONERS,
Petitioners,
vs.
THE HONORABLE GREGORY A. PETERSON,
John Doe Judge, THE HONORABLE JAMES J. DUVALL,
Chief Judge and FRANCIS D. SCHMITZ, as Special Prosecutor,
Respondents.

Case No. 20 13AP002508 W
STATE ex rel. THREE UNNAMED PETITIONERS,
Petitioners,
vs.
THE HONORABLE GREGORY A. PETERSON,
John Doe Judge, THE HONORABLE JEFFREY A. KREMERS,
Chief Judge and FRANCIS D. SCHMITZ, as Special Prosecutor,
Respondents.

AFFIDAVIT IN SUPPORT OF THE RESPONSE
OF THE SPECIAL PROSECUTOR
(FILED UNDER SEAL)
STATE OF WISCONSIN )
) ss.
MILWAUKEE COUNTY)
Francis D. Schmitz, being first duly sworn on oath, deposes and says
that:

 1. I am the Special Prosecutor appointed to the John Doe investigation
challenged in the Supervisory Writ proceedings identified in the captions
above.
2. I make this Affidavit in support of a Response to the Petition for a
Supervisory Writ filed in the court of appeals.
3. Attached to this Affidavit is a true and correct copy of papers filed in
the Milwaukee County John Doe Proceedings in Case No. 2012JD000023:
a. The file stamped Order assigning the Honorable Barbara A.
Kluka as the John Doe Judge. Exhibit 1.1
b. The Petition for Commencement of a John Doe Proceeding
(Exhibit 1.2); and
c. The Affidavit in Support of Petition to Commence the
Milwaukee John Doe Proceedings (Exhibit 1.3);
I am advised that the Order (Exhibit 1.1) was submitted to Chief Judge
Jeffrey A. Kremers with the Petition and the Affidavit attached. Only the
Order was file stamped by the Deputy Clerk.
4. Attached to this Affidavit are true and correct file stamped copies of
the Petitions to Commence John Doe Proceedings in the Counties of:
a. Columbia (Exhibit 2);
b. Dane (Exhibit 3);
c. Dodge (Exhibit 4); and
d. Iowa (Exhibit 5).
5. Attached to this Affidavit as Exhibit 6 is a true and correct file
stamped copy of the Affidavit dated December 10, 2012 submitted in the
Milwaukee John Doe Proceedings in Case No. 2102JD000023. It is
submitted here without exhibits. It is included herewith because this

2

Schmitz Affidavit 002

 Affidavit (without exhibits) was incorporated by reference in the
proceedings commenced in the Counties of Columbia, Dane, Dodge and
Iowa.
6. I have attached true and correct file stamped copies of the Affidavit
in Support of Petitions to Commence John Doe Proceedings in the Counties
of:
a. Columbia (Exhibit 7);
b. Dane (Exhibit 8);
c. Dodge (Exhibit 9); and
d. Iowa (Exhibit 10).
Because the Milwaukee County Affidavits dated August 10, 2012 and
December 10, 2012 are duplicated in all of these filings, they have not been
included as part of the exhibits to my Affidavit. They are, however, on file
in each of the counties named above, except I am advised that Exhibit 5
was inadvertently omitted from the copies filed in these counties.
7. Attached to this Affidavit is a true and correct copy of the
Applications and Orders for Specific Judicial Assignment for the
Honorable Barbara A. Kluka in the Counties of:
a. Columbia (Exhibit 11 );
b. Dane (Exhibit 12);
c. Dodge (Exhibit 13);
d. Iowa (Exhibit 14); and
e. Milwaukee (Exhibit 15).
8. Attached to this Affidavit as Exhibit 16 is a true and correct file
stamped representative copy of the letter signed by the District Attorneys of
Columbia, Dane, Dodge, Iowa and Milwaukee Counties dated August 21 I

3

Schmitz Affidavit 003

 22, 2013 to John Doe Judge Barbara Kluka. This representative copy
(Exhibit 16) was filed in Columbia County. The same letter was filed in
the Counties of Dane, Dodge, Iowa and Milwaukee.
9. Attached to this Affidavit are true and correct file stamped copies of
the Orders Appointing a Special Prosecutor in the Counties of:
a. Columbia (Exhibit 17);
b. Dane (Exhibit 18);
c. Dodge (Exhibit 19);
d. Iowa (Exhibit 20); and
e. Milwaukee (Exhibit 21 ).
Under date of August 26, 2013, the State Prosecutors Office was forwarded
a copy of these Orders by United States Mail.
10. On October 23, 2013, in the context of the Milwaukee County
proceedings, I learned that the Honorable Barbara A. Kluka had recused
herself. I received formal notice of the recusal on October 29, 2013. See
Exhibit 22.
11. The Honorable Gregory A. Peterson was subsequently assigned to
continue with the John Doe proceedings. See Exhibit 22. Attached to this
Affidavit are true and correct copies of the Applications and Orders for
Specific Judicial Assignments relating to the Honorable Gregory A.
Peterson in the Counties of:
a. Columbia (Exhibit 23);
b. Dane (Exhibit 24 );
c. Dodge (Exhibit 25);
d. Iowa (Exhibit 26); and
e. Milwaukee (Exhibit 27).

4

Schmitz Affidavit 004

 12. A record of these John Doe proceedings is being maintained by the
Clerks of Court for all five counties. Except for the most recent of John
Doe papers that have been filed, I certify that I have either filed or caused
to be filed all John Doe papers with each of the five Clerks of Court and a
complete record of the John Doe proceedings exists in all five counties.
13. Because the John Doe Judges conducting these proceedings live
(and lived) a significant distance from the Counties of Columbia, Dane,
Dodge, Iowa and Milwaukee, with the approval of the John Doe Judge, I
have submitted papers in this proceeding to the John Doe Judge prior to
filing. After the John Doe Judge acted upon the papers, I caused them to be
filed with the five counties. There have in fact been delays in submitting
papers to all five counties. After his appointment, I asked Judge Gregory
A. Peterson to designate one primary county for the filing of papers. Judge
Peterson chose Dane County. He further ordered that from "time to time"
the remaining four counties shall be provided with copies of the papers that
have been filed in the primary county, viz., Dane County.
14. I act with the prior permission, consent and authorization of the
District Attorneys from Columbia, Dane, Dodge, Iowa and Milwaukee
Counties, the prosecutors who originally commenced the proceedings in
their respective counties. While I have assumed the responsibility for the
investigatory decisions made in the John Doe proceedings, I myself have
not made application for any form of subpoena, subpoena duces tecum or
search warrant from the John Doe Judge. I have not appeared before the
John Doe Judge to take oral testimony. To the extent that such activities
have taken place in the John Doe proceedings since my appointment,
investigators have submitted sworn statements to the John Doe Judge in all

5

Schmitz Affidavit 005

 but one instance. In that one instance, Milwaukee County Assistant District
Attorney David Robles submitted an Affidavit to the John Doe Judge.
15. Attached to this Affidavit are true and correct copies of the Orders
Commencing the John Doe proceedings signed by Judge Barbara A. Kluka:
a. Columbia (Exhibit 28)~
b. Dane (Exhibit 29)~
c. Dodge (Exhibit 30)~
d. Iowa (Exhibit 31 ); and
e. Milwaukee (Exhibit 32).

Dated this - - day of December 2013.

Francis D. Schmitz
Special Prosecutor
State Bar No. 1000023
Subscribed and sworn to before
me at Milwaukee, Wisconsin on
this __ day of December 2013

Notary Public, Milwaukee County
State of Wisconsin
My commission is permanent.

6

Schmitz Affidavit 006

 THIS PAGE IN TEN TIONALLY LEFT BLANK

7 Schmitz Affidavit 007

STATE OF WISCONSIN

CIRCUIT COURT

MILWAUKEE COUNTY

FILED

ORDER

WHEREAS THE COURT, having received the Petition f r

AUG 2 3

c

mm~o<Pe.mentrCl)f a

John Doe Proceeding signed by Assistant District Attorney David Robles dated August
10, 2012, and the Affidavit of Investigator Robert Stelter dated August 10, 2012 in
support of said Petition, having reviewed these documents and having found cause to
assign this matter for review;
WHEREAS, having been informed that the John Doe will require the testimony of
witnesses from the Office of the Governor of the State of Wisconsin, as well as other
witnesses concerning the campaign finance violations contrary to Wisconsin Statutes

§§ 11.1 0(4), 11.26, 11.27, 11.61 {1)(b) and Chapter 11, the court has selected the
Honorable

.t!/4£4&/'?d

--"'-K~I.......,u'-"-k.......,a""'-<------ ____

Judge, to hear this matter.
NOW THEREFORE THE COURT orders that the Petition for Commencement of
a John Doe Proceeding be assigned and forwarded to the Honorable

__£d.=...;.~-L-"-~-'--~=w.~~-'-'A'-------'-k_L....:::....=v..J..k?'f''-""-L.
_ _ _ _ _ , Reserve Judge, for resolution pursuant
to Wisconsin Statutes sec. 968.26.
Dated at Milwaukee, Wisconsin, this

:?..!~y of August 2012.
BY THE COURT:

~~~
a
Je
A. Kremers
Chief Judge
· aukee County, Wisconsin

Schmitz Affidavit 008

 STATE OF WISCONSIN

CIRCUIT COURT

IN THE MATTER OF A JOHN DOE PROCEEDING

MILWAUKEE COUNTY
Case No. 2012JD ocx::·o2..3.

PETITION FOR COMMENCEMENT OF A JOHN DOE PROCEEDING

WHEREAS, I, David Robles, Assistant District Attorney in and for the County of
Milwaukee have been assigned to an investigation in the County of Milwaukee, State of
Wisconsin~ relating to potential crimes including, but not limited to, violations of Wisconsin

Statutes §§11.27(1 ), 11.26(2)(a), 11.61 (1 )(b), 11.36, 939.31 and 939.05,

viz. Filing a False

Campaign Report or Statement (PTAC); Conspiracy to File a False Campaign Report and
other violations of Chapter 11.
WHEREAS, based upon the investigation as set forth in the attached Affidavit of
Investigator Robert Stelter, I have reason to believe that violations of §§11.27(1 ),
11.26(2)(a), 11.61(1)(b), 11.36, 939.31 and 939.05,

viz. Filing a False Campaign Report or

Statement (PTAC); Conspiracy to File a False Campaign Report and other violations of
Chapter 11 have taken place and further, I have reason to believe these violations have
been committed within the jurisdiction of this court; and
WHEREAS, I believe based upon these investigations that further information
concerning this criminal violation can be revealed via a John Doe proceeding;
NOW, THEREFORE, based upon the information contained in the attached Affidavit
of Investigator Robert Stelter showing evidence that a crimrnaf violation of Wisconsin
Statutes §§11.27(1 ), 11.26(2)(a), 11.61 (1)(b), 11.36, 939.31 and 939.05,

viz. Filing a False

Campaign Report or Statement (PTAC); Conspiracy to File a False Campaign Report and
other violations of Chapter 11 may have been committed in Milwaukee County, I hereby
request that a John Doe proceeding, pursuant to Wis. Stats. Sec. 968.26, be conducted
and that witnesses be subpoenaed and questioned under oath relating thereto.
FURTHER) I request that these John Doe proceedings be secret for the following
reasons.

This investigation will focus on violations of Wisconsin Chapter 11, and in

particular the coordination of personal political campaign committees and ~~501 (c)(4)"
organizations for the purpose of circumventing the restrictions of Wisconsin Chapter 11.
Consequently, it is expected that this investigation will lead to an examination of e-mail,
correspondence and documents maintained by the Office of the Governor for the State of

Schmitz Affidavit 009

 Wisconsin, Governor Scott Walker, Friends of Scott Walker personal campaign committee,
Wisconsin Club for Growth, and other related organizations.

Likewise. I anticipate

subpoenaing Wisconsin state officials, Wisconsin senate candidates, campaign
contributors, and contributors to "501(c)(4)" organizations during the course of the
investigation to identify the purpose of the contributions, and any coordination between
personal political campaign committees and the political activity of "501 (c)(4)"
organizations, as referenced in the affidavit in support of the commencement of the John
Doe. If held publicly, an investigation into this matter will likely be the subject of significant
publicity in the print and broadcast media, making it difficult to approach and potentially
interview witnesses, as well as precipitating the destruction of evidence. It is therefore my
opinion that the formality and the secrecy of a John Doe proceeding will increase the
likelihood of complete and truthful statements without the influence of publicity, that may
not exist in an informal non-secret setting.
FURTHER, for these reasons, I respectfully submit that the balance between- on
the one hand -the public's right to be informed about this John Doe proceeding, and- on
the other hand- the legitimate need to maintain the secrecy of these proceedings, must be
struck, at this juncture, in favor of a secret proceeding. In re John Doe Proceeding, 2003
WI 30, 260 Wis.2d 653,660 N.W.2d 260 at 1}66.
FURTHER, notwithstanding any secrecy order, I request that the court allow the
following classes of persons to have access to the record of the John Doe proceedings to
the extent necessary to perform their duties: all prosecutors, support staff and investigative
staff of the Milwaukee County District Attorney's Office. I anticipate individuals from the
investigative staff of the District Attorney's Office will assist during the John Doe
investigation and will conduct work both in support of the John Doe investigation and in
response to information gathered at the John Doe hearings.
FURTHER, notwithstanding any secrecy order. I request the court to allow
prosecutors and investigators acting in support of the John Doe proceeding to use the
information, transcripts, documents and other materials that will be gathered in this
investigation for all appropriate law enforcement purposes. including but not limited to the
interview of witnesses in support of this investigation.
FINALLY, as to the scope of the secrecy order, I request that the court order that

2
Schmitz Affidavit 010

 secrecy be maintained during this John Doe proceedings as to court docket and activity
records, court filings, process issued by the court, information concerning the questions
asked and the answers given during a John Doe hearing, transcripts of the proceedings,
exhibits and other papers produced during the proceedings, as well as to all other matters
observed or heard in the John Doe proceeding. See, generally, In re John Doe Proceeding,
2003 WI 30 at 4f}62.
fr'-

Dated this

/(} day of August, 2012.

~.J~~

(~

Assistant District Attorney
State Bar Number 01009608
david .robles@da.wi .gov

P.O. Address
Safety Building Room 405
821 West State Street
Milwaukee, Wisconsin 5323
(414) 278-3035- Voice
(414) 223-1955- Fax

3

Schmitz Affidavit 011

 STATE OF WISCONSIN

CIRCUIT COURT

MILWAUKEE COUNTY

----~----------------------------------------------

IN THE MATTER OF A JOHN DOE PROCEEDING

Case No. 2012JD cx:.::c::cJZ-3

AFFIDAVIT IN SUPPORT OF PETITION FOR
COMMENCEMENT OF A JOHN DOE PROCEEDING
STATE OF WISCONSIN
ss.
MILWAUKEE COUNTY
ROBERT STELTER, being first duly sworn on oath, deposes and says that:

1. I am an Investigator in the Milwaukee County District Attorney's Office. I submit this
Affidavit in support of a petition to commence

a John Doe investigation.

2. I have 27 years of experience as a law enforcement officer. I have held the rank of
Detective and Lieutenant of Detectives within the City of Milwaukee Police Department.
For two years, I worked at the Milwaukee High Intensity Drug Trafficking Area Task Force,
(hereafter HIDTA). a state/federal task force with law enforcement officers from the City of
Milwaukee Police Department, Federal Bureau of Investigation, Drug Enforcement
Administration, West Allis Police Department, Wisconsin Department of Justice, Wisconsin
State Patrol, and other jurisdictions.

That experience included the investigation of and

supervision of the investigation of complex and large scale organized crime in the
Metropolitan Milwaukee, Wisconsin area.

Over these last 10 years, I have overseen

multiple investigations and been involved in the supervision of investigations that involved
federal court authorized wiretaps of wire and electronic communications as defined in the
Federal Code. I also have participated in investigations involving individuals and organized
group activity related to the distribution of drugs and controlled substances, and the
laundering of drug proceeds and the concealment of assets purchased with drug proceeds.
In the past two years I have been involved with the investigation of violations of Wisconsin
election laws, campaign finance laws, use of government employees for the purpose of
political service, and ethics violations. The investigations have resulted in prosecutions for
theft, campaign finance violations, as well as political service involving governmental
employees.
3. The purposes and goals of this John Doe investigation would be to:
a. Determine the nature and extent of an agreement or understanding related
Scott Walker

ubernatorial candidate, and Friends of

Schmitz Affidavit 012

 Scott Walker (FOSW), the personal campaign committee of Scott Walker in
the 2011 and 2012 recall elections, for contributions to organizations
regulated by Title 26 U.S.C. 501(c)4 contrary to Wisconsin Stats sec.
11.10(4), 11.26, 11.27 and 11.61(1)(b);
b.

Determine whether the circumstances under which the solicitation and use
of said campaign contributions were to circumvent the provisions of
Wisconsin Stats sec. 11.26 and 11.27(1) by individuals and others identified
above, for a criminal purpose in order to avoid the requirements of Wisconsin
Stats. sec. 11.06(1) and 11.27(1).

4. The following principals of law apply to this request to commence this John Doe
investigation:
a. Wisconsin Statutes section 11.05(2g) provides that each candidate shall file
a registration statement, with the filing officer providing information related to
the name, mailing address and information required under § 11.05(3). A
personal campaign committee, or other entity registered under Wis. Stats.
Sec. 11.05, shall make a fuU report of all contributions received, contributions
or disbursements made, and obligations incurred, on a form prescribed by
the registrant. A personal campaign committee registered under Wis. Stats.
Sec. 11.05(2g) is such a committee. Friends of Scott Walker (FOSW) was
the personal campaign committee of Scott Walker, gubernatorial candidate.
Additionally, the personal campaign committees for Republican Senate
candidates David Vanderleest, Robert Cowles} Alberta Darling, Sheila
Harsdorf, Luther Olsen, Randy Hopper, Dan Kapankel Kim Simac and
Jonathan Steitz would be such a committee.
b. Wisconsin Statutes sec. 11.1 0(4) provides: "No candidate may establish
more than one personal campaign committee. Such committee may have
subcommittees provided that all subcommittees have the same treasurer,
who shall be the candidate's campaign treasurer. The treasurer shall deposit
all funds received in the campaign depository account. Any committee which
is organized or acts with the cooperation of or upon consultation with a
candidate or agent or authorized committee of a candidate, or which acts in
concert with or at the request or suggestion of a candidate or agent or

authorized committee of a candidate is deemed a subcommittee of the
2
Schmitz Affidavit 013

 candidate's personal campaign committee.'' A "personal campaign
committee" is defined in Wisconsin Stats. Sec. 11.01 (15) and a "committee~~
or

~~political

committee" is defined in Wis. Stats. Sec. 11.01 (4). Accordingly,

by operation of law, any "committee" acting in concert with or with the
cooperation of or consultation with Scott Walker or FOSW, or the personal
campaign committees of the above Wisconsin State Senate candidates are
deemed by operation of law to be a subcommittee of the candidate's
personal campaign committee.

1

c. Wisconsin Stats. Sec. 11.06(1) provides that the report shall include an
itemized statement giving the date, full name and street address of each
contributor who has contributed in excess of $20.

If the cumulative

contributions for the year exceed $100, the occupation, name and address
and principal place of employment of the contributor must be included. For
example, FOSW is obligated to report all the source's of contributions
exceeding $20 to FOSW or any subcommittee acting in concert with or with
the cooperation of, or consultation with Scott Walker or FOSW.
d. Wisconsin Stats. Sec. 11.27(1) provides that, "No person may prepare or
submit a false report or statement to a filing officer under this chapter.j) A
person who intentionally violates Wis. Stats. Sec. 11.27 (1) by the filing of a
false report, that involves more than $100 or does not involve a specific
figure

is guilty of a Class I felony, pursuant to Wisconsin Stats. sec.

11.61 (1 )(b).

Accordingly, the intentional failure of FOSW to report to the

Wisconsin Government Accountability Board all the sources of contributions
exceeding $20 to FOSW or any subcommittee acting in concert with or with
the cooperation of or consultation with Scott Walker or FOSW would be a
violation of Wis. Stats. sec. 11.27 (1).
e. Wisconsin Statutes section 939.31 provides that "... whoever, with intent that
a crime be committed, agrees or combines with another to commit that crime
may, if one or more of the parties to the conspiracy does an act to effect its

1

In 2005, former Wisconsin State Senator Charles "Chuck" Chvala was convicted in Dane County
Circuit Court Case No. 2002CF2451 of violating Wisconsin Stats. §§ 946.12(2) and 11.26(2)(b). The

violations of Wis. Stats. § 11.26(2)(b) arose out of the campaign coordination involving Chvala, personal
campaign committees and "independent interest groups" that is analogous to the potential violations here.

3
Schmitz Affidavit 014

 object, be fined or imprisoned or both not to e xceed the maximum provided
for the completed crime."

f.

Wisconsin Statutes section 939.05 provides that "Whoever is concerned in
the commission of a crime is a principal and may be charged with and
convicted of the commission of the crime although the person did not directly
commit it and although the person who directly committed it has not been
convicted or has been convicted of some other degree of the crime or of
some other crime based on the same act. "

Additionally, they may be

convicted under Wisconsin Stats. Sec. 939.05 if t he person aided or abetted
or conspired to commit the criminal offense.

5.

As a preliminary matter, I know that Scott Walker resides at

Wauwatosa, Wisconsin in Milwaukee County since 2009 and in the Executive Mansion in
Dane County, Wisconsin since January 2011, during the timeframe when the alleged
2

offenses were committed. The court has jurisdiction over the above offenses pursuant to
Wisconsin Stats. §978.05(1) that provides in pertinent part t11at the District Attorney of the
prosecutorial district has the authority to prosecute all criminal violations that occur within
that prosecutorial unit, as well as "all criminal actions arising from violations of chs. 5 to 12,
subch . Ill of ch . 13, or subch. Ill of ch. 19 and from violations of other laws arising from or
in relation to the official functions of the subject of the investigation or any matter that
involves elections, eth ics, or lobbyin g regulation under chs. 5 to _il, subch. Ill of ch. 13, or
subcl1 . Ill of ch . 19, that are alleged to be committed by a resident of his or her
prosecutorial unit .. ."

I would note that Scott Walker did publicly vote in the City of

Wauwatosa, Milwaukee, Wisconsin with respect to the June 5, 2012 recall election.

B. BACKGROUND

6. Scott Walker was the Milwaukee County Executive from 2002 to 2010. In 2006 and
20 10, Walker was a candidate for the office of Governor of the State of Wisconsin. Scott
Walker was elected to the office of the Governor on November 2, 2010. On January 17,
2012, petitions to recall Scott Walker as Governor were filed . As a result of the filing of the

2

Venue and jurisdiction can be established with a simple phone call, or an single act in furth erance of a
conspiracy, which is one of th e constituent elements of the charge. In Sll;!te v. Ande[.§Qll, 280 Wis.2d 104, 122 (p.
24), 395 N.W.2d 731 (2005), the Court found that a phone call (an overt act evincing the intent to kill) which
occurred in Jetre·rson County established venue and jurisdiction in a prosecution for first degree intentional

homicide.

4
Schmitz Affidavit 015

 recall petitions, the Government Accountability Board ordered elections for the office of
Governor and Lt. Governor be held on June 5, 2012.
7. John Hiller was treasurer of the Friends of Scott Walker (hereafter FOSW), the
personal campaign committee for the gubernatorial campaign of Scott Walker for
Governor. Shortly after Walker took office as Governor in 2011, Kate Lind became
treasurer for FOSW according to filings with the Government Accountability Board.

8. R.J. Johnson was a paid advisor to the Friends of Scott Walker and was also
involved with the Wisconsin Club for Growth (WiCFG) 1 an organization under Title 26
U.S.C. 501 (c)(4).
9. Kate Doner was a fund raiser with Doner Fund raising working on behalf of FOSW in
conjunction with the Wisconsin Club for Growth in 2011 and 2012. Camille Moughon and
Jennifer Bannister also worked for Doner Fundraising.
10. Kelly Rindfleisch is presently employed by an independent company periorming
work for the Friends of Scott Walker. Rindfleisch was actively involved in coordinating
fund raising by Scott Walker on behalf of the WiCFG organization. Rindfleisch previously
was employed as deputy chief of Staff for then Milwaukee County Executive Scott Walker.
During the timeframe of that employment in 2010, Rindfleisch was an active fund raiser for
then Lt. Governor candidate Brett Davis. Rindfleisch was subsequently charged with four
counts of Misconduct in Public Office in Milwaukee County Circuit Court case no.
12CF000438.
11. A review of e-mail obtained as a result of a John Doe search warrant issued on
May 3, 2012 in Milwaukee County John Doe case no. 2010JD000007 for particular private
e-mail accounts reflect a communication on March 25, 2011 at 11 :48 a.m.

In that

communication, Nick Ayers (former executive director of the Republican Governors
Association) wrote Governor vVa!ker, indicating that he spoke with Earl Gillespie (Chairman
of the Republican State Leadership Committee). The e-mail lays the groundwork for a
meeting to coordinate the efforts of at least two 501 (c)(4) organizations, Americans for
Prosperity (AFP) and Club for Growth (CFG) with that of other political organizations,
Wisconsin Republican Party (WIGOP), Republican State Leadership Committee (RSLC)
and Republican Governors Association (RGA). (Exhibit 1)

5
Schmitz Affidavit 016

 From: Nick Ayers

Sent: Friday, Ma..ch 2S, 20 11 II :10 11~1
To: Scott WolkeJ
Cc: Relnce Prltbus • Chairman's OHic~
Subject: WI
Spoke to GllleSJ>Ie this rnornlng. My sense Is that cvcrycn•'s hean (AfP, WtGOP, RSLC, RGA, CFG) is In
the tight place but no 011~ Is dear on the enthe bJttle: pl.in. blld lh&t as leaving very vulnerable gaps ln
both the plannk\c tlnd execution of 0'1 wtnnin.g strategy.
StalinslM ohvious: It il crucial that it we provide the air cover in the con1ing few months that someone
e lse ha s • top-notch absentee b3llot ~nd GOlV plan. It is crucl~llhal il l hose two things nr~ happenin&
some olher cnllly has lolal respon sibility for collecting tho petitions In the 3·•110rgctc d d em ocra tic
scna1e seals. Ills equally crucia l1haJ someone is providi11g talking poiniS ond a dally mesngc to a ll the
Party's Jalking heads. Ills crucial thai • II these groups are reporting in on their progress a nd hining their
meu1ts for succen. And 11 is crt~clallhal we have a legal plan In pqco to d~allenge erroneous petitions
and J)fev~nt votrr ruuJCJ.
The poinl l•m lrylns 10 make Is lhaclosino at any of theselowls: GOlV plan: p aid adverllslnc; earned
m~tJi a; CQllecHng petit ions; lesar suotegy, metlns losing at oil levels.
To resolve this we recom m end ge lling together face 10 lace on Wednesday or frl<l~y of ocxt wee k In WI
to b ring everyone together 10 •sslsn rcsponsibliiiVand erNie • cornmand Slru<turc. Docs this 1ound
coue<e tovou? Ed and I are •vailabt1 bv phone if you wJnt Lo di$CUH.

(Exhibit1)

12. This coordination is discussed in an e-mail sent by Kate Doner, a fundraiser for
Scott Walker, to R.J . Johnson and Jay Rosser on April 28, 2011 at 12:03 p.m. Doner
explains:
"As the Governor discussed with Mr. Pickens, he wants all the issue
advocacy efforts run thru one group to ensure correct messaging.
We had some past problems with multiple groups doing work on
"behalf" of Gov. Walker and it caused some issues. In Wisconsin, a
501(c}(4} is the legal vehicle that runs the media/outreach/GOTV
campaign. The Governor is encouraging all to invest in the
Wisconsin Club for Growth. Wisconsin Club for Growth can accept
Corporate and Personal donations without limitations and no donors
disclosure. We are a separate group from the national Club for
Growth and do not have any Koch money involvement."
(see attached , emphasis in original) (Exhibit 2)
13. On June 20, 2011 at 10:48 a.m. Kelly Rindfleisch using the e-mail address
sent an e-mail to Ryan Murray and Scott Wa.lker. The e-mail
forwarded a communication from Kate Doner to Rindfleish regarding a fundraising trip in
New York City from June 20 to June 21, 2011. The itinerary for the fundraising trip is
attached to the e-mail.

Included in the itinerary was a meeting with Chris Lofgren,

6
Schmitz Affidavit 017

 identified in the e-mail as the CEO of Schneider National, the nation's largest privately
owned truckload carrier. The talking points related to fundraising include Walker asking
Lofgren to reach out to "his

peers~~

and assist with raising $200,000; a request for a

$50,000 donation from Chris Lofgren; and a note to "(S)tress that donations to WiCFG are
not disclosed and can accept Corporate donations without limits.

3

I believe WiCFG to

refer to the "Wisconsin Club for Growth." (Exhibit 3)
14, The itinerary described in ~12 included a meeting with Mark Schwabero of Mercury
Marine, based in Fond Du Lac, Wisconsin; the talking points included a request for
Schwabero to have his company make a contribution, and to recruit other companies to
make a contribution. Walker was to let Schwabero know that companies are contributing
between $10,000 and $1,000,000.
contribution, and for Schwabero to

Walker was to asl< Schwabero for a $25,000

11
•••

ask two other guys to match your donation to your

501 c4." Walker was to let Schwabero know that corporate contributions can be accepted
and it is not reported.
15. The itinerary described in ~12 included a meeting with "BLACKROCK," an
investment firm with $3.65 trillion equity according to the summary. The talking points
included, "the business aspects of the recall effort and why it's important to keep the
Senate. We are rallying the business community)s support with such a short timeline.
Unlike the unions, we don't have access to that much cash to be competitive. We are
hoping to count on their support." The talking points concluded with a request by Walker
for a contribution of $100,000 to uyour" (referring to Walker) "501 c4."
16. A review of State of Wisconsin online records related to incorporation reflects that
"Wisconsin Club for Growth" (hereafter WiCFG) is a ''non-stock" corporation. According to
media accounts, WiCFG is a organization whose board members have extensive ties to
"Wall Streef' and energy companies. R.J. Johnson has been identified as a organizer and
key adviser for WiCFG.

4

R.J. Johnson was a general consultant to FOSW in 2010

according to John Doe testimony.

5

Based upon information and belief, WiCFG is a

' Wisconsin Statutes prot1ibit contributions from corporations; Scott Walker acknowledged that on March

22, 2012 during an interview. When asked about fundraising by the FOSW finance committee, and a
discussion of donors, Scott Walker stated, ".. It wouldn't be corporate donors." (See Exhibit 4, Interview
of Scott Walker, March 22, 2012, Pgs 83 to 85)
4

5

See Milwaukee Journal-Sentinel article dated February 22, 2011. (Exhibit 5)
See John Doe testimony of R.J. Johnson dated October 6, 2011, pg. 19 (Exhibit q)

7
Schmitz Affidavit 018

 "501 (c)4 organization, meaning that it is a tax exempt social organization formed or created
under Title 26 U.S.C. 501 (c)(4).

6

17. In 2011, WiCFG sponsored ads supporting Walker (see Stay the Course ad at
http://www.youtube.com/watch?v=SbflkDCcb o&feature=plcp).
18. On August 30, 2011 at 11:53 p.m., Scott Walker sent an e-mail to R.J. Johnson
and Mary Stitt, asking if he sent out thank you notes to ~~all of our c(4) donors?. Mary Stitt
replied on August 30, 2011 at 5:22a.m. to Walker, advising him, Hl think you had a few
final ones to sign. Ted Kellner, San Orr, Fred Kasten. I will work with Keith for times to set
up calls for Diane and John Menard." (Exhibit 8) Based upon this e-mail, I believe Ted
Kellner, San Orr, Fred Kasten, and Diane and John Menard made donations to a 501(c)(4)
in response to solicitations by Scott Walker.
19. In September, 2011 after the Wisconsin Senate recall elections, a plan was
proposed in preparation for the recall efforts against Governor Walker. Suggested in the
e-mail was creating a new 501 (c)(4) (noted in the e-mail as "c4H) because of perceived
issues with the name, "Club for Growth." (Exhibit 9 1 a portion of which appears below)

6

See Wisconsin Club for Growth Website, http://wiqfg.com, that identifies it as a "501(c)(4) organization.

(Exhibit 7)

8
Schmitz Affidavit 019

 from:

Knte Doner [knle@doncrfunornising.comj

Sent:

Wednesday, September 07. 2011 6:39AM

To:

'Keith Gilkes': rj@rjjohnson.org; 'ScoU Walker'

Cc:

'Jennifer Bannister, Ooner'; 'Kell)l Hindfleiscll'

Subject:

Walker Recoil Fund raising [fforts- thoughts
Ft:~u:

Follow Up

Flag Status:

FoHow up

Red

Gentlemen,
Here arc my quick thotrghts on raising monr!y for Walker's po~sible Tf!C<JII efforts. 1 am h;;ppy \o put into
an officiill "plan".

CFG:
Make nke with R5LC
lock down$ <:o<nrnitments from RGA, 1\NC, AFP now
Take Koch's money
Get on a plane to Vegws and sit down with Sheldon Adelson. Ask for $1m now.
CorporJtions. Go heavy after them to give. Oidn't give much to the recall effort this summer.
Create a new c4. Club for Growth name has issues.

Walker:

1)

Finane<' Choir
Get a kick ass finance chair who can do peer to peer asks.
Once Keith moves to the campaign· ·have him rally the lohhy/business community
where Walxer can't <JS\<

2)

PAC's

Only one PAC has maxed out in 20llto Walker. Not good
You have raised $237,036.75 from PAC's. Collect the other $248,153.25 now. Invite
llwm illlto lunch with you lor $2Sk each ami m<>ke them ham sandwiches. Gel firm. No
need to do anything expemivc.

3} Corporations
i'ul!ed Fortune's top 10 companies in Wisconsin, With il quick glance, only two have
supponed Walker (NW Mutual maxed out. American Family gove l!ttle).
i

Johnson Con!mls

S3

Milwnvxee

28.497.0

!J<:>r:!lmQ~.\Q11Lhlli1\!ill

115

MiiWllllkee

21,602.6

~

135

Manomonee Fatls

17.17B.O

hlilllP.ower

113

Milwaukee

16,038.1

illJlqlican Fa mil:; i<)~UWf1~!1 Q(Q\lR

3~4

MJctison

6,453.4

Oshkosh 386

Oshkosh

5,433.3

tJwl~y~Q{ly\<!~g_n

•130

Milwaukee

__________________
Hor.~lY'>ll! 8~1!2i'lilllon
.

20. On

March

20,

476

2012

Camill~@donerfundraising.com)

1

4.83!!.6

______________

Mllwaul\eu

4.332.5

._..;_.

Camille

Moughon

_,

(using

the

e-mail

address

sent an e-mail to Governor Scott Walker related to a

meeting with Carl lcahn on March 20, 2012 in New York, New York for the purpose of
fund raising. (Exhibit 10) The email noted that lcahn has a net worth of $14 billion dollars.
The e-mail advised Walker that, ~This meeting is for WiCFG Funds.~~

In the "talking

points," Walker is to request a contribution of $100,000 to Wisconsin Club for Growth and
provide an update on the recall. (Exhibit 10)

21. On March 30, 2012, ScottWalkerreceives a rness()g€} at swalkerwi@grn(:lil.com in
which the sender lndicates, 'Til find out about party limits but make sure he gives it to
WiCFG." (Exhibit 11)
22. I am advised that social welfare organizations organized under Title 2 U.S.C.

501(c)(4), can involve themselves in limited political activity, provided that "supporting or
9
Schmitz Affidavit 020

 opposing candidates~~ does not become the organization's primary purpose. Corporations
can lawfully contribute to a "501 (c)(4)" organization so long as expenditures are not
coordinated or made with the cooperation, consultation or at the request of a candidate or
11

political party. The solicitation of contributions by Scott Walker to a 501 (c)4n organization
to circumvent the reporting and contributions provisions of Wisconsin Stats. sees. 11.10(4),
11.06(1), and 11.27(1) could constitute a violation of Wisconsin Stats. Sec. 11.26, 11.27
and 11 .61 ( 1) (b).

C.

SUMMARY
23. As indicated above, during the review of e-mail obtained as a result of the May 3,

2012 search warrant as authorized in the Eighteenth Order Enlarging the Scope of the
John Doe Investigation (in Case No. 2010JD000007), additional law violations became
apparent.

In order to facilitate the completion of the investigation in Milwaukee County

John Doe case no. 201 OJD000007, and closure of that John Doe, and as requested in the
Petition for Commencement of a John Doe investigation filed by Assistant District Attorney
David Robles accompanying this Affidavit, I respectfully request that the court authorize the
commencement of a new John Doe investigation as outlined herein and in 1}3 and 1}4
above.

Robert Stelter
Investigator
Milwaukee County District Attorneis Office

Subscribed and sworn to before me

at Milwaukee,
y~

Wisconsin on
{

this~ day of August 2012.

.~

.

..

.

I

--tf'J /.

---

~~~--::~~1,:~·;,\:~''\~:·•,,,

~~

~~·:=:~;-·. ·.,.~-.:~:.-/.',.lf;,\,

ubllcl Mtlwaukee Counw..l .,...·-" · ·".....,;, .......,·.r..,;->'r.
Sta e of Wisconsin
.?f
~..;». ··\·:~~
"· <..r,··/
',.:I',
My commission is perrnane&t.-~ ~,\
r·· •.. ';I)
~~. v~
~~h
·1
'i~~~·.
·~·-.

F:/501 (c)4 information/ .... 2012-08-07

\

I

r·

.

.

.. _; ~ ,,:.._ 's-

;· ··-. .:r;~

'"l>t

Petitib~· Mfidavit for. J?.~,ry. Do~. ,II St~iter.doc

10
Schmitz Affidavit 021

  

Schmitz Affidavit 022

Page I of I

From:

Reince Priebus- Chairman's Offi ce (Reince.GOP@rnchq.org]

Sent:

Frid ay, March 25, 2011 2:02PM

To:

swalkerwi@gmail.com

Subject:

FW: WI

Follow Up Flag: Follow up
Flag Stat us:

Red

Did you meet with RJ? What was the result of that?

HRP
From : Nick Ayers
Sen t: Friday, March 25,
To; Scott Walker
Cc: Reince Priebus - Chairman's Office
Subject: Wl
Spoke to Gillespie t his morning. My sense is that everyone's heart (AFP, WIGOP, RSLC, RGA, CFG) is in
the r ight place but no one is clear on the entire battle plan, and that is leaving very vulnerable gaps in
both t he planning and execution of a winning strategy.
Stating th e obvious: it Is cn1cial that if we provide the air cover in the coming few months that som eone
else has a top-notch absentee ballot and GOTV plan. It Is crucial th at if those two things are happening
some other entity has total respons ibility for collecting t he petitions in t he 3-4 targeted democrat ic
senate seats. It is equally crucial that someone is providing talking points and a daily message to all t he
Party's talking heads. It Is crucial that all these groups are reporting in on their progress and hitting their
metrics for success. And it is crucial t ha t we have a legal plan in place to challenge erroneous petitions
and prevent voter fraud.
The point I am t rying to make is that losing at any of th ese levels: GOTV plan; paid advertising; earned
media; collecting petitions; legal strategy, means losing at all levels.
To resolve t his we recommend getting togeth er face to fnce on Wednesd ay or Friday of next week in WI
to bri ng everyone together to assign responsibility and create a command structure. Does thi s sound
correct to you? Ed and I are available by phone if you want to discuss.

6128/2012

Schmitz Affidavit 023

 From : Kate Doner [ mailto;kate(rndonerfundralsing.cg.r:n)
Sent : Thursday, April 28, 2011 12:03 PM
To: Jay Rosser; 'R. J. Johnson'
Su bject: Gov. Walker follow up
Jay,
Thanks fo r visiting wi th R.J. Johnson this morning. We truly appreciate your support. I have included RJ on t his
email for additional questions. Our goal is $9m in the next 6 weeks. We have a number of people helping who
are give/raise money for the effort. With the huge influx of cash from the Union's- we need add the business
commun ities help.

As the Governor discussed with Mr. Pickens, he want s all the issue advocacy efforts run thru one group to ensure
correct messaging. We had some past problems w ith multiple groups doing work on "behalf" of Gov. Walker and
1t caused some issues. In Wisconsin, a 501(c)4 is the legal vehicle that runs the media/outreach/GOTV
campa ign. The Governor is encouraging all to invest in the Wisconsin Club for Growth. Wisconsin Club for
Growth can accept Co rporate and Personal donations without limitat ions and no donors disclosure. We are a
separate group from the national Club for Growth and do not have any Koch money involvement.
Polit ical Background:
Eight Republican Wisconsin State Senators are facing recall elections due to their vote to end collective
bargaining. Governor Walker is personally helping to raise the money t o keep th em in office. Walker is
committed to helping all8 State Senators- regardless of their polling numbers. Walker feels he must stand
strong by his Senators and it will send a horrible message to other legislators. The Governor fee ls strongly th at
the campaign needs to be run in-state due to past fumbles by ou tside groups. Lots of groups are using his name
t o ra ise money- · but are not helping Walker direct ly.
Here is the breakdown of th ose who are facing recall:

16 are facing possible recalls
BGOP
8Dem
7 GOP seats, th e numbers were good.
1 GOP seat, the numbers weten't good, but the Senator won in 2008 when Oboma did better in that district then
the recent liberal supreme court candidate did.
2 Dem seats, the numbers indicate o GOP candidate would beat tile incumben t.
Appreciate your support and hope you can help. ·Let us know if you need additional information. Every dollar
w ill be key. Thank you I
Kate Doner

6/28/2012

Schmitz Affidavit 024

 Page I of I

From:
Sent:

Monday, June 20, 2011 10:48 AM

To:

11yan Murray; Scott W all<er

Subj ect:

Fw: travel documents

Attac hments: NYC June 20-21 2011.docx

You can eliminate the mercury m<~r i.ne lp as I don't think that is whul his meeting is regarding.
Sent ft·om my U.S. Cellular BlackBerry® smarlphone

·-·--·-·..--..

. . ....... - .... -------··-·--·-----·-·

----~------·--·-·------·---·-- -- ---·

From : "Kate Doner" <katc@donerfundraising.com.>
))ate: Mon, 20 Jun 201l 10:42:10 -0500

To: 'Kelly Rindflei

<jcnnifcr@donerfundraising.com>

Su bj ect: travel documents
Lndles,
Here are t he travel documents. I was promised that they don' t contain a virus. So sorry for the delay.
Kate Doner
Doner Fundralslng, Inc.
815 Sratos, Sui te 701
Austin, Texas 78701
512.476.41103 office
512.233.22q6 fax
katc(!.~donerfundraislng.com

6/8/2012
Schmitz Affidavit 025

 M onday, June 20

8:30pm

June 21
6:30 am- 9: 00am

Dinner
Chris Lofgen
CEO of Schneider National
Frescos

Tuesday,

Squ awkBox

900 Sylvan Ave
Englew o od Cliffs, NJ 07632
9:00-9:30 am

M ar k Sch w abero
President
Mercury Marine
*meet on set of SquawkBox

10:30am

Goldman Sachs

200 West St reet (financial district/battery park)
Attendees: l(athleen Drown (Jerry Brown's sister)
Carolos Pineiro

12:00 -1:30pm

Lunch with BlackRock Executives
BlackRock Offices
55 East 52'"1 Street, 6 111 floor

NY 10055
At tendees: Peter Hayes, Rick Rieder and Barbara Novick
Asst: Misch a Edw ar ds, who works w it h Hick Rieder w ill greet you and
escort everyone t o the conference roorn w here a buffet luncheon will be
available.
A fter ch ecking in with the security desl<, all can p roceed to our mnin
recept ion area on t he 7th floor. It has been noted tha t t he Governor's
security detail will not proceed onto the meeting and have therefore not

been registered.

2:00- 3:00 pm

Wall Street Journal

Schmitz Affidavit 026

 Date:
Time:

Monday, June 20, 2011

8;30 pm

Attendees;
Location:

Walker, Chris Lofgren

Fresco's

Background:
Chris Lofgren is president and CEO of Schneider National, the nation's largest privately owned
truckload carrier. Headquartered In Green Bay, Wis., Schneider National has provided expert
transpo1·tatlon and logistics solutions for nearly 75 years. A $3.7 billion company, Schneldef"
National conducts business in more than 28 countries worldwide and continuos to grow its
international service offerings.

Talking Points:
e

Lofgren can help with the American Trucking Association members. Ask if he will reach

out to his peers to assist with raising $2001<.
f1

Would Lofgren give $50k?

..

Lofgren n1ight be able to reach out to the "big box" stores. Ask him if there is a
company he can call to financially help with the effort.

e

Stress that donations to WiCFG are not disclosed and can accept Corporate donations
without llmits.

Schmitz Affidavit 027

 Date:
Time:

Attendees:
Locatron:

Tuesday, June 21
9:00 -·- 9:30 arn
Walker, Mark Schwabero
Set of SquiJwkBox

Background:

Mark Schwabero is President of Mercury Marine that isbased in Fond du lac, Wisconsin.
Mercury Marine has engine & parts manufacturing plants in four countries and global
distribution networks in more than 130 countries. A $1.6 billion company with 5000 employees
worldwide. ft's parent company is Brunswick Corporation, headquartered In Lake Forest, Ill.
Schwabero holds both a bachelor's of science degree and master's of sdence degree in
Industrial and systems engineering from Ohio State University.
Talking Points:
&
Discuss that the recall efforts have been finalized and Wisconsin will have nine special
state Senate elections this sumrner: 6 repubHcans and 3 democrats.
•

We are rallying the business community's support with such a short timellne. Unlike the
unions, we don't have access to that much cash to be competltlve. We were hoping to
count on your support.

o

Can Schwabero help with his company and recruiting other companies to make a
financial investment. Let him know companies are contributing between $101< and $1m.

•

Would he give $25k and ask two other guys to match your donation to your 501c4.
Let him know that you can accept corporate contributions and it is not reported.

Schmitz Affidavit 028

 Date:

Time:
Attendees:
location:

Contact:

Tuesday, June 21
10:30 am
Walker, Kathleen Brown, Carolos Pinerio, Joe Dillon
Goldman Sach's office 200 West Street
Joe Wall

Background:
[(athleen Brown is the sister of Governor .Jerry Brown. l(nthleen is chairman of Goldman Sachs
Investment Banking for the Midwest Region. She Joined Goldman Sachs in 2001 as a manc:Jging
director.
l<athfeen has extensive experience in municipal finance and government, having served as
treasurer of the State of California, Democratic Party nominee for the governor of California,
co-chair of the Presidential Commission on Capital Budgeting, and a Board rnember of the Los
Angeles Unified School District.
Kathleen earned a BA in History from Stanford University and a JD from Fordham University
School of Law.
Carolos Pineiro is Vice President Midwest Infrastructure Banking based in the Goldman Sachs
Chicago office, where he spearheads the government and infrastructure financing efforts in the
Midwest region. Mr. Pineiro has executed transactions of over $20 billion in the areas of
general obligationf transportation; economic development, f:lnd appropriation supported. In the
Midwest Mr. Pineiro has worked in transactions for the State of Wisconsin, State of Illinois}
State of Michigan, State of Indiana, Indianapolis Airport/ the City of Chicago, Chicago Public
Schools, and the Metropolitan Pier and Exposition Authority among others. Mr. Pineiro has m1
Engineering degree from Lehigh University, and an MBA from the University of Michigan in Ann
Arbor,

Tall<ing Points:
•

Both are very involved in politics. Kathleen Brown hijacked the meeting. Joe Dillon will

be attending the meeting with you and can deflect any issues. Joe worked for Pres.
Bush.
•

They want to see a strong financial Wisconsin and will respect you for getting your
finances in order.

•

Ask them to help raise $1001<.

Schmitz Affidavit 029

 Date:
Time~

Attendees:
locatio!) :
Contact:

Tuesday, June 21
12:00 pm - 1:30 prn
Wall<er. Peter Hayes, Rick Rieder, l3arbara Novick, Joe Dillon
BlnckHock: 55 East 52"tl Street, 6 111 floor
Mischa Edwards -

Background:
As of Ma rch 31, 2011, Blaci<Rock's assets under man<lgement t o tal US$3.65 trillion across equity, fixed
income, cash m<:magement , alt ernative investment, real estat e and advisory strategies. BlakRock
offers risl<management, strategic advisory and enterprise Investment system services to a broad base
of clients with portfolios totaling approximately US$10 trillion.
Peter Hayes, Mannging Director, is head of the Municip<~l Bonds Group within BlackRock Fundamental
Fixed Income and a member o f the Fixed Income Executive Committee. He leads the Municipal Bond
Ma nagement Committee, which oversees municipal bond portfolio management, research and
trading activities, and Is a member of the firm's l eadership ilnd Operating Committees. Mr. Hayes
earned a OA degree in economics from the College of the Holy Cross in l981

Barbara G. Novick, Vice Ch airman, is a member of Blaci<Rocl<'s Global Operating Committee and
Chairs the Government Relat ions Steering Committee. In her current r ole as a Senior Advisor to t he
Office of Chairman, Ms. Novick provides advice on strategic projects, including organizational
structure and M&A transactions, and she heads the firm's efforts globally on Government Relat ions
and Public Policy. Ms. Novick earned a BA degree, cum laude, in economics from Cornell University in
1981. Barbara coaches in the Westchester Youth Soccer league.
Rick !lieder, Manaeing Director, is Blaci<Rocl<'s Chief Investment Officer of Fixed Income, Fundamental
Portfolios, and head of its Global Credit Business and Cred it Strategies, MultJ .. Scctor, and Mortgage
Groups . He Is a member of the Fixed In come Executive Committee and of Blaci<Rock's firm wide
Operating, Leadership and Capital Committees.
He also serves as Chair ma n of the Board of the North Star Academy Charter Public School System in
Newarlc, New Jersey, Founder and Chairman of the Board of Graduation Gel,eration Atlant a, and a
m em ber of the boards of t he National l eadership Councll for t he Communities in Schools
Educational Foundation.
Talkin g Point s:
• All are very Involved in politics. Can raise/give money.
•

DlsC~ISS.~he business

•

We are rallying the business community's support w ith such a sho rt timeline. Unlike the
unions, we don't have access to that much cash to be competitive. We were hoping to count
on their support.

as pects of reCilll effort and why it' s i mp ortant to l<eep the Senate.

Schmitz Affidavit 030

 •

Would he give/raise $1001< to your 501c4. let them know that you can accept
corporate contributions and it is not reported.

Schmitz Affidavit 031

 MIIJ~\JAUKEJE

STATE OF WISCONSIN

COUNTY

IN RE THE MATTER OF:
Case No.

10JD000007

JOHN DOE.

TRANSCRIPT OF INFORMATIONAL MEETING

Mardh 22, 2012-Part I

Room 405, Safety Building
821 W. State Street
Milwaukee, Wisconsin
NI_~NE_S_s_:

Governor Scott Walker

JOHN CHISHOLM, .District Attorney, Milwaukee
County, appearing on behalf of the State.

BRUCE LANDGRAF, KENT LOVERN, and HANNA .KOLBERG,
Assistant District Attorneys,
behalf of the Sta~e.

appearing on

DAVID BUDDE, Chief Investigator, Milwaukee County
District At·t:orney t s Office.

JOHN N. GALLO and KEES VANDENBURG, firm of Sidley
Austin, LLP, appearing on behalf of Governor
Scott Walker.
·
f:Li:irt of Terschan, s·te inle & Ness r
appearing on behalf of Governor Walker.

MICHAJi:L STEINLE I

Schmitz Affidavit 032

I

 MR.

1

BUDDE:

Okay.

2

BY MR.

ROBLES:

3

Q.

Did any of those meetings involve David Boerke?

1

A.

Not that I

5

Q.

Did you know Andrew Jensen to be a member of the

recall.

Boerke Company?

6

I

believe that he would have represented that,

8

I

can't tell you that verbatim,

9

any reason to believe he wouldn't have said he was

7

A.

but I

but

don't have

a part of the company.

10
11

o.

Did you know David Goerke prior to 2010?

12

A.

Yes.

13

Q.

And how did you know him?

14

A.

Years ago he was a good friend and supporter for

U.S.

15

16

Q.

Senator Bob Kasten.

h.i.m,

18

personal friend or?

A.

someone just as a casual acquaintance or

Supporter of mine.

Someone who liked what we were

doing.

20

21

knew him from that.

How would you characterize your relationship with

17

19

I

Q.

And by supporter,

was he someone who donated time

and volunt.eer-ed for: var:ious th:lngs'?

22

23

A.

That I

24

Q •.

Did he make campaign donations?

25

A.

I

don't know:

believe so,

yes.

83

Schmitz Affidavit 033

 l

Q,

finance committee for your campaign?

2
3

A.

Q.

I do recall seeing him at

I donrt recall that.
events,

4

5

Dtd -- oe was he involved as a member of the

but I don 1 t

recall the committee itself.

Do you have any recollection of any emails he may

6

have directed to your atiention where he

7

referenced his role as a member of the finance

8

commi·t tee?

9

A.

I

10

Q.

What is a finance committee?

11

A.

Finance committee for?

12

Q.

For your campaign,

13

A-

Individuals -- it would have been a large number

recall.

don'· t

Friends of Scott Walker.

14

of individuals who helped raise resources for the

15

carnpa i gn.

16

Q.

And i.n terms of raise resources, were they

17

basically seeking out,

18

donors,

19

the finance committee?

20

21

lL

Yeah,

~.yould

vary.

sm~ll donors, middle

large donora,

~eople on

It wouldn•t be corporate

donor~s.

MR.

CHISHOLM:

Couldn't be corporate

donors.
'fHE WITNESS:

24
25

corporate donors,

it

22

23

well,

that.

You and I

'Cuz-you can't do

both thought of that.
84

Schmitz Affidavit 034

I

 1

when the red flag went up.

2

mean-~

MR.

3

4

But individuals,

CHI SLIOLM:

I

That was not a trick

question.

THE WITNESS:

5

Yeah,

said that.

I

The

know.

J

say I

actually

6

should smile when I

7

individuals who are part of that would have a

8

goal,

9

different ways.

and different people achieve that goal

';.

10

BY MR.

ll

Q.

ROBLES:

Olcay.

Do you remember whether he was more active

than others in his position on that. fl.nance

12
·13

committee?
MR. GALLO;

14

He just -- he said he

15

could not recall he was on the finance committee.

16

That's what he said.
THE WITNESS:

17
18

being at eventn, but I

19

long list of folks.

20

BY MR.

21

Q.

r

JlJ.l I

recall is him

had a pretty good list,

a

don't recall.

ROBLES:

Prior to 2010,

did you know David Boerke to have

any business dealings with Milwau~ee County?

22
23

A.

Wtth Mr.

24

Q,

Correct.

25

A.

Not that I

Boerke?

recall.

05

Schmitz Affidavit 03

 \Visconsin Club for Growth plans to stay active- JSOnline

Page 1 of2

<!@ PRINTTHIS

Wisconsin Club for Growth plans to stay active
By Don Walker of the Jouma1 Sentinel
Feb.22,2011
R.I. Johnson, a key advise1· to Wisconsin Club for Growth, a conservative group backing Gov. Scott Walker's
budget-repair bill, said Tuesday that the organization will stay actively engaged in the budget debate."
11

Johnson declined to say specifically how the group planned to lobby for Wall(er's bjll, other than to say there wil]
be "paid communications and grassroots activity."
Johnson was a fanner political strategist for Walker. Johnson declined to say where Wisconsin Club for Growth is
getting its funding.
Wisconsin Club for Growth already has Jauuched TV and radio ads lambasti.ng state workers. Those ads were the
subject of this PolitiFact Wisconsin story.

Find this article at:
ht!p:l/wvM.]sonfine:cofr1/blogs/news/116671204 .html

0

Check tho box to Include the Jist of lfnks rererenced In the article.

http://www.printtbis.clickability .com/ptlcpt?expire=&title==Wisconsjn+Club+for+Growth+plans+t... 6/11/2012
Schmitz Affidavit 036

 (

CIRCUIT COUET

STATE OF WISCONSIN

MILWAUKEE COUNTY

----------------------~~--------------~--------------

IN RE THE MATTER OF:

Case No.

l0JD000007

JOHN DOE,
-~----------------~-------------~--------------------

TRANSCRIPT OF

PROC~EDINGS

October 6,

2011

Room 509, Courthouse
Milwaukee, Wisconsin

THE HONORABLE NEAL NETTESHEIM
Reserve Judge, P1:es :i.ding

BRUCE LANDGRAF, Assistant District Attorney,
appeared on behalf of the State.

BRIC WILSON, Attorney at Law, appeared on behalf
of R.

J.

Johnson.

Mary Povlick - Court Reporter

Schmitz Affidavit 037

 (

1

1\.

The non-some part is that I'm compensated for

2

media,

3

of consulting fees because I make a percentage on

4

the media placed,

5

me,

6

expenses and things like that,

;7

specific consulting fees paid by Friends of Scott

8

Walk.e.1:-.

9

Q.

so I don't generally charge a lot in terms

and that's a compensation for

so generally the consulting fees cover
but there were

And if you could just give me a little bit

Okay.

10

of a better idea how the placement fees would have

11

worked in the context of your

12

Scott Walker?

J3

down?

14

A.

Y.es.

15

Q.

In o·ther woxds,

Have I

work

on media for

got that general concept

you do media buys

16

Scott Walker does media buys,

17

the placement,

~-

excusE~

me·,

you're involved in

and you get paid a percentage?

got part of the placement percentage.

18

A.

I

19

Q.

Okay.

Does i:::hat kind of adequately describe

h0\-1

that worked or would you offer greater detail?

20

21

A.

Yes 1

22

Q.

Okay.

I

think that adequately describes it.
Ju~t

as a total ballpark number for

23

c~alendar year 2010,

n.ot e:x:q_c;t~, h-<?W much would you

24

estimate that the Friends of Scott Walker spent on

25

media buys?

18

Schmitz Affidavit 038

 1.

1\.

In what year?

2

Q.

2010.

3

A.

Five to s:Lx million.

4

Q.

Were you involved in all of those media buys?

5

A.

YeB.

6

Q.

What's your percentage?

7

A.

Five percent.

8

Q.

How would you yourself describe your role with the
Friends of Scott Walker campaign committee in

.9

10

calendar year 2010?

11

A.

General consultant.

12

Q.

And wha·t would tha·t involve?

13

A.

That means I advise on all aspects of the
I also gave then County Executive Scott

14

cam.paign.

15

Walker political advice,

16

Q.

17

How long have you been active in politics as a
political consultant?

18

A.

As a political consultant,

19

Q.

1 think I

since 1999.

read a press release put out by the

20

Friends of Scott Walker J.ndicating that you had 30

21

years of experience?

22

A.

I do.

23

Q.

And I'm sure you do.

24
25

I

notice,

though,. that 1999

is not 30 years ago?
1-\.

Are you asking for a chronology of my career in

19

Schmitz Affidavit 039

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Schmitz Affidavit 040

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Schmitz Affidavit 041

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Schmitz Affidavit 042

 Page 1 of2

__ ___ ....-.....
,

,

From;

-~-··-·

.. ··- --·---------·----·-·--·· · -·- -- ~---··-- - -·-

··-------------------·-·----·--··..

Mary Stitt

Sent:

Tuesday, August 30, 2011 5:22AM

To:

swalkerwi@gmall.com; 'RJ Johnson'

Cc:

'Keith Gilkes'

Subj oct: RE: Congratulations Maty

I think you had a few fi nal ones to sign. Ted l<ellner, St~n Orr, Fred l<asten.
I will work with Keith for times to set up calls for Diane & John Menarct.
From: swalketwi@gmall.com [mailto:swalkerwl@gmaU.com)
Sent: Monday, August 29, 2011 11:53 PM
To: Mary Stltt; RJ Johnson
Cc: Keith Gilkes
Subject: Re: Congratulations Mary

I need to set up a call with her and with Menard.
Also, did I send out thank you notes to all of our c(4) donors?

Setlt from my Verizon Wireless BlackBerry
.Fr·om: ''Mru-y Stitt"'
l>~t tc:

To:

Wed, 10 Aug

<rj@Jjjol1.11so~walkerwi@gmnil.com>

Cc: 'Keith Gilkes'. . . . . . . . . _
Sui>ject: RE: Congratulations Mru-y
I replied to her with .... I've known you for almost 20 years and you've never been a LITTLE part of

anything I
From: rj@Jjjohnson.org [mailto:rj@rjjohnson.org]
Sent : Wednesday, Au gust 10, 2011 9:55AM
To: Mary Stitt; Scolt Walker
Cc: 'Keith Gilkes'
Subject: Re: Congratulations Mary

More thru1 a little part!

Sent from my U.S. Cellular Android device
----- Reply

me:ssa~~e

.. Fxo,~;11: ''Mary Stitt~'
Date : Wed, Aug 10,

am

Subject: Congratulations Mary
To: '"R. J. Johnson"'~cott Walker" <swalkcrwi@gmail.com>
Cc : "'Keith Gilkes"' . . . . . . . . . _

6/8/2012
Schmitz Affidavit 043

 Page 2 of2

THANK GOD. Please let Scott and the team know how great I think this is.
we have overcome another huge hurdle and Pm glad I was able to be a small
part Now we continue! Diane h
Sent viH BlackBerry by AT&T

6/8/2012
Schmitz Affidavit 044

 Page 1 of2

From:

Kate Doner [kate@donerfundraising.conl)

Sent:

Wednesday, September 07 1 2011 6:39AM

To:

'Keith Gilkes!; rj@rjjohnson. org; 'Scott Walker'

Cc:

'Jennifer Bannister, Doner'; 'l<:elly Rindfleiscll'

Subject:

Walker Recall Fundraising

Efforts~ thoughts

Follow Up Flag: Follow up
Flag Status:

Red

Gentlemen,
Here are my quick thoughts on raising money for Walker's possible recall efforts. I am happy to put into
an offici a l 11 plan''.

CFG:
•
•

Make nice with RSLC
Lock down$ commitrnents from RGA, RNC, AFP now

Take Koch's money
Get on a plane to Vegas and sit down with Sheldon Adelson. Ask for $1rn now.
•

Corporations. Go heavy after them to give. Didn't give much to the recall effort this summer.
Create a new c4. Club for Growth narne has issues.

Walker:

1}

Finance Chair
Get a kick ass finance chair who can do peer to peer asks.

•

Once Keith rnoves to the campaign·- have him rally the lobby/business comrrwnity
where Walker can't ask

2)

3)

PAC's
•
•

Only one PAC has rnaxed out in 2011 to Walker. Not good
You have raised $237,036.75 frorn PAC's. Collect the other $248 1 153.25 now. Invite
them all to lunch with you for $25k each and make them ham sandwiches. Get finn. No
need to do anything expensive.

Corporations
•
Pulled Fortune's top 10 CO!lipanies in Wisconsin. With a quick glance, only two have
supported Walker (NW Mutual maxed out. American Farnily gave little).
1

Controls

83

Milwaukee

28.497.0

2

Notihwostern .Mutual

'115

MHwaukee

21,602.6

3

l<ohl'§.

i35

Menomonee Falls

17,178.0

4

.Manpower

143

Milwaukee

'1(-),038.7

Insurance GrouQ

344

Madison

6.453.4

6

Oshkosh

386

Oshkosh

5,433.3

7

Harley-Davidson

430

Milwaukee

4,838.6

Rockwell AuJomation 476

Milwaukee

4,332.5

5

8

6/28/2012

~ohnson

~merican Farnil~

 Page 2 ol'2

9
10

Fiserv 491

Brookfield

4,224.0

496

Milwauketl

4,193.2

W!sconsin Energy

Focus on getting CEO's working for Walker. Jobs Jobs Jobs is Uland we wan t to keep Walker.
Have th em each personally give and get their leadership to give to Walker. Have them bundle
and raise money for Walker.

4)

Wisconsin Elected Officials - - crea t e a Victory Fund
Have the st atewide and legislators work to keep you in office. Helps them. Helps you. Set
fund raising goals for each . Put a statewide office holder in charge of the end goal.
e

5)

6)

Put a WI fundraiser in charge of the end goal. Hold them accountab le.

Legislative Success. Create a list of legislation that passed and benefits whom.
•
Example - National Tort Reform community. Civil Justice Reform Group, ILR,
give significant money.
•
Lobby push
Associations and Professiona l Trade Groups need to step up and dig deep

AJP etc should

National Groups. Lock them down and make them work for you.

•

RGA

•

RNC

•

Heritage

•

RSLC

•

A.FP /Koch

Fundrafsing Staff:
1) Have them coordinate efforts. Set goals. Divide efforts.
2) Create a finance plan and work it.
3) Hold weekly or bi-weekly fund raising calls

Just my two-cents.
Kate Doner
Donr.r Fundraising, Inc.
815 Brazos, Suite 701
Austin, Texas 78701

512.476.4403 office- m--···

246 fax

6/28/2012

Schmitz Affidavit 046

 Page 1 of2

from:

Camille Moughon (carnille@donertundraising.com]

Sent:

Tuesday, March 20, 2012 11:59 AM

To :

swalkerwi@gmail.com

Cc:

kate@donertundraising.com; 'Pat Hogan'; 'Andrea Boom'

Subject:

Carl lcahn - 4:30PM Meeting Bri efing

Follow Up Flag : Follow up
Flag Status :

Red

Monday, Ma rch 20, 2012 - New York, NY

4:30- 5:00pm EASTERN
Meet ing with Carl lcahn
767 5th Avenue, 47 111 Floor (Bet ween 58 1h and sgth)

Staff: l<ate Doner
Organizer: Joe Dillo

Office/Asst: Susan
BACKGROUND:
***This meeting is for WiCFG r- unds.**"'

Carllca hn is CEO of lcahn Enterprises investing real estate, metals, rail cars, and automotive
companies.
According t o For bes, in March 2012 Carl's net worth is $14 billion, making him the 21st richest
Ameri can and the 61st richest man in the world .
Carl has been involved in stock market trading for mor e than 30 years. In 2011, he made $2
bill ion in trading profits, ranking him as #3 among America's top traders.
Carl has publica lly denounced President Obama in his campaign for presidency.
lcah n was quoted in a CNBC arti cle last yea r saying, "This Is not the time to be so obsessed with

the deficit. We do have a problem, we spend too much money but what we first need to do is
get people back to work and you have to spend money to do that"
In 2004, he was honored by th e Center for Educational Innovation - Public Education
Association for his work w ith charter schools. In 2006, he was honored with the 100 Wom en in
Hedge Funds Effecting Change Award for his outstanding contributions to improving education.
H· -H······-··· ··•><•-

He has heavily invested in horse r acing and has established

+

a horse breeding operation.

Carl atte nded Princet on University. He is 76 years old; he and his wi fe have two children.
**Carl is a top RNC Donor

6/28/2012

 Page 2 of2

Past Giving History to Walker:

Carl has not contributed in t he past
SUGGESTED TALKING POINTS:

•

Give an updat e on the recall

•

THE ASI<: contribute $1001< to WiCFG .

.X: http:/fimagcs.lorbes.com/medla/llstst

_j

-

Camille Moughon
Doner Funclraising, Inc

6/28/2012

Schmitz Affidavit 048

 ~olberg,

Hann a

From:
SClnt :

To:
Follow Up Flag:
Flag Status:

Friday, March 30,2012 8:18AM
swalkerwi@gmail.com
Follow up
Red

I'll find out about party limits but make sure he gives it to WiCFO.

Schmitz Affidavit 049

 r.lLt:LJ

JUL 2 2 2013
COLUMBIA COUNTY
IN THE MATTER OF A JOHN DOE PROCEEDING

Case No. 13 JD

//

PETITION FOR COMMENCEMENT OF A JOHN DOE PROCEEDING

WHEREAS, I, Jane E. Kohlwey, District Attorney in and for the County of Columbia
am responsible for the review and prosecution of possible crimes occurring under Chapter
11 of the Wisconsin Statutes, which crimes may be committed by residents of Columbia
County, State of Wisconsin;
WHEREAS, in pursuit of these duties, l have had occasion to review information
involving a person named Kelly M. Rindfleisch (DOB 10/25/1968), a resident of the City of
Columbus, Columbia County, Wisconsin; and
WHEREAS, based upon a review of information thus far gathered by prosecutors
and investigators as part of a John Doe proceeding now pending in Milwaukee County,
Case No. 12JD000023, l believe that furiher information concerning possible crimes
occurring under Chapter 11 of the Wisconsin Statutes can be revealed utilizing a John
Doe proceeding;
NOW, THEREFORE, based upon the information contained in my Affidavit that
accompanies this Petition, showing evidence that criminal violations of Wisconsin Statutes

§§ 11.26, 11.27, 11.38 and 11.61 (1 )(b), petiaining to Limits on Campaign Contributions,
False Campaign Reports, and Contributions by Corporations, may have been committed in
Columbia County, I hereby request that a John Doe proceeding, pursuant to Section
968.26, Stats., be conducted and that witnesses be subpoenaed and questioned on oath
relating thereto.
FURTHER, I request that these John Doe proceedings be secret for the following
reasons. I believe it is reasonable to expect that any public filing about the existence of
this investigation will generate substantial publicity, both from traditional (e.g., print and
broadcast journalism) and non-traditional (e.g. Internet blog) information sources. This is
because the individuals involved in this investigation are well-placed political operatives,
closely tied with the current Governor of the State of VVisconsin.

At this time, the

investigation concerning the facts alleged in the accompanying Affidavit are not a matter of
common, public knowledge. In fact, a portion of the investigation has been ongoing in

Schmitz Affidavit 050

 Milwaukee County since the Fall of 2012, and the secrecy of that proceeding has been
maintained. I believe that the continued secrecy of the investigation is important to its
success. For example, publicity will forewarn probable future John Doe witnesses of the
State's interest in questioning them. Such warning may result in statements that are less
likely to be entirely candid. Publicity arising from a pub!ic John Doe proceeding may also
make it more likely that evidentiary records will be lost or destroyed before being
subpoenaed. It is also my opinion that the formality of a John Doe proceeding before a
judicial officer will increase the likelihood of complete and frank statements by persons who
otherwise may profess a failed or an incomplete recollection to an investigating law
enforcement officer in an informal interview setting.

Finally, l also note that publicity

surrounding a John Doe investigation may serve to unfairly publicize allegations of criminal
misconduct that are in a pre-charging, investigative stage. In other words, publicity related
to a public John Doe proceeding may unfairly damage the reputations of persons against
whom -for whatever reason - no crirninal charges will ever issue.
FOR THESE REASONS, I respectfully submit that the balance between- on the
one hand -the public's right to be informed about this John Doe proceeding, and- on the
other hand - the legitimate need to maintain the secrecy of these proceedings, must be
struck, at this juncture, in favor of a secret proceeding. In re John Doe Proceeding, 2003

WI 30, 260 Wis.2d 653, 660 N.W.2d 260 at

~66.

FURTHER, notwithstanding any secrecy order, I request that the court allow the
following persons to have access to the record of the John Doe proceedings to the extent
necessary to perform their duties because such access will materially aid the progress of
this investigation:
Columbia County District Attorney Jane E. Kohlwey and legal secretary Ruth E.
Kaczmarek.
I request that prosecutors, investigators and others named who act in support of this John
Doe proceeding be permitted to use the information, transcripts, documents and other
materials that· wHl be ·gathered in this investigation for all appropriate law. enforcement
purposes including, but not limited to, the interview of witnesses outside the context of
John Doe hearings, in support of this investigation.
FINALLY: as to the scope of the secrecy order, I request that the court order that

2
Schmitz Affidavit 051

 secrecy be maintained during this John Doe proceeding as to court docket and activity
records, court filings, process issued by the court, information concerning the questions
asked and the answers given during a John Doe hearing! transcripts of the proceedings,
exhibits and other papers produced during the proceedings, as well as to all other matters
observed or heard ln the John Doe proceeding.

See, generally, In re John Doe

Proceeding, 2003 WI 30 at ,-r62.
Dated this 22nd day of July 2013.

P.O. Address
PO Box 638
Portage, WI 53901-0638
608-742-9650- Voice
608-742-9606- Fax

3
Schmitz Affidavit 052

 DANE COUNTY

CIRCUIT COURT

STATE OF WISCONSIN

IN THE MATTER OF A JOHN DOE PROCEEDING

case No.

13jooooo_1-

PETITION FOR COMMENCEMENT OF A JOHN DOE PROCEEDING

. WHEREAS, I, lsmael R. Ozanne, District Attorney rn and for the County of Dane
am responsible for the review and prosecution of possible crimes occurring under
~

Chapter 11 of the Wisconsin Statutes, which crimes may be committed by residents of
the County of Dane, State of Wisconsin;

WHEREAS, in pursuit of these duties, I have had occasion

_ .

to~

involving a person named Keith A. Gilkes (DOB 06120/1977), a resid

[~

[

[L

f

t f t~lJ~o~~ty

of Dane; and

.

2013 U

WHEREAS based upon a review of information thus far gath red hV1TATE OF WISCONSIN
'

.

n

CIRCUiT COUHT FOR DANf: COUN

TY

prosecutors and investigators as part of a John Doe proceeding now pending in
Milwaukee County, Case No. 12JD000023, I believe that further information concerning
possible crimes occurring under Chapter 11 of the Wisconsin Statutes can be revealed
utilizing a John Doe proceeding;
NOW, THEREFORE, based upon the information contained in my Affidavit of
that accompanies this Petition, showing evidence that criminal violations of Wisconsin
Statutes §§11.26, 11.27, 11.38 and 11.61(1)(b), pertaining to Limits on Campaign
Contributions, False Campaign Reports, and Contributions by Corporations, may have
been committed in Dane County, I hereby request that a John Doe proceeding,
pursuant to Section 968.26, Stats., be conducted and that witnesses be subpoenaed
and questioned on oath relating thereto.
FURTHER, I request that these John Doe proceedings be secret for the following
reasons. l believe it is reasonable to expect that any public filing about the existence of
this investigation will generate substantial publicity, both from traditional (e.g., print and
broadcast journalism) and- non-traditional (e.g. Internet blog) information sources. This
is because the individuals involved in this investigation are well-placed political
operatives, closely tied with the current Governor of the State of Wisconsin. At this
time, the investigation concerning the facts alleged in the accompanying Affidavit are
not a matter of common, public knowled e. In fact, a portion of the investigation has

Schmitz Affidavit 053

 Investigatory Linda Kohlmeyer-Searls; and,
Myself.
I request that those persons who act in support of this John Doe proceeding be permitted
to use the Information, transcripts, documents and other materials that will be gath~red in
this investigation for all appropriate law enforcement purposes, including but not limited. to
the interview of witnesses outside the context of John Doe hearings, in support of this
investigation.

FINALLYl as to the scope of the secrecy order, I request that the court order that
secrecy be maintained during this John Doe proceeding as to court docket and activity
records, court filings, process issued by the court, information concerning the questions
asked and the answers given during a John Doe hearing, transcripts of the
proceedings, exhibits and other papers produced during the proceedings, as well as to
all other matters observed or heard in the John Doe proceeding. See, generally, In re

John Doe Proceeding, 2003 WI 30 at 1[62.
Dated this

2_.
c:day of August 2013.

lsmael R. Ozanne
Dane County District A
ney
State Bar Number1 031954
lsmael. ozanne@da. wi.gov
Mailing Address
Dane County District Attorney's Office
Dane County Courthouse
215 South Hamilton Street
Room 3000
608-266-4211 -Voice
608-267-2545 - Fax

3
Schmitz Affidavit 054

 STATE OF WISCONSIN

DODGE COUNTY

ClRCUfT COURT

IN THE MATTER OF A JOHN DOE PROCEEDING

Case No.

13JDoooo(fi:\
.....

.,

~'

.,F.,;·"'"'

PETITION FOR COMMENCEMENT OF A JOHN DOE PROCEEDING

·<~>

'\ -~. /:>:.

>x;;~)<<_<.\

···(

~·
-------------------------------------------------------/~Q~~·~..
Cl ':k ~<9

0?,

'l..../_V

~>~
~

Countr~ttrQ;Qge C.:>
0/ -~">a.
am responsible for the review and prosecution of possible crimes occurring und~" ~

(').

WHEREAS, 1, Kurt F. Klomberg, District Attorney in and for the

Chapter 11 of the Wisconsin Statutes, which crimes may be committed by residents of
the County of Dodge, State of Wisconsin;
WHEREAS, In pursuit of these duties* 1 have had occasion to information
involving a person named R.J. Johnson (DOB 04/04/1961 ), a resident of the County of
Dodge; and
WHEREAS, based upon a review of information thus far gathered by
prosecutors and investigators as part of a John Doe proceeding now pending in
Milwaukee County, Case No. 12JD000023, t believe that further information concerning
possible crimes occurring under Chapter 11 of the Wisconsin Statutes can be revealed
utilizing a John Doe proceeding;
NOW, THEREFORE, based upon the information contained in my Affidavit of
that accompanies this Petition, showing evidence that criminal violations of Wisconsin
Statutes §§11.26, 11.27~ 11.38 and 11.61(1)(b), pertaining to Limits on Campaign
Contributions, False Campaign Reports, and Contributions by Corporations, may have
been committed in Dodge County~ I hereby request that a John Doe proceeding,
pursuant to Section 968.26, Stats., be conducted and that witnesses be subpoenaed
and questioned on oath relating thereto.
FURTHER, I request that these John Doe proceedings be secret for the following
reasons. I believe it is reasonable to expect that any public filing about the existence of
this investigation will generate substantial publicity) both from traditional (e.g., print and
broadcastjournatism) and non~traditionaL(e!g.lnt~ro~t k)tog) information sources. This
is because the individuals involved in this investigation are well-placed political
operatives, closely tied with the current Governor of the State of Wisconsin. At this
time, the investigation concerning the facts alleged in the accompanying Affidavit are
not a matter of common, pu

, a portion of the investigation has

Schmitz Affidavit 055

~..J, _
~

:;x

 been ongoing in Milwaukee County since the Fall of 2012, and the secrecy of that
proceeding has been maintained. I believe that the continued secrecy of the
investigation is important to its success. For example, publicity wilt forewarn probable
future John Doe witnesses of the State's interest in questioning them. Such warning
may result in statements that are less likely to be entirely candid. Publicity arising from
a public John Doe proceeding may afso make it more likely that evidentiary records will
be lost or destroyed before being subpoenaed. It is also my opinion that the formality of

a John Doe proceeding before a judicial officer will increase the likelihood of complete
and frank statements by persons who otheiWise may profess a failed or an incomplete
recotlection to an investigating law enforcement officer in an informal interview setting.

Finally, I also note that pub!;city surrounding a John Doe investigation may serve to
unfairly publicize allegations of criminal misconduct that are in a pre-charging,
investigative stage. In other words, publicity related to a public John Doe proceeding
may unfairly damage the reputation of persons against whom -for whatever reason no criminal charges will ever issue.
FOR THESE REASONS, I respectfutly submit that the balance between -on the
one hand -the public's right to be informed about this John Doe proceeding, and- on
the other hand - the legitimate need to maintain the secrecy of these proceedings,
must be struck, at this juncture, in favor of a secret proceeding. In re John Doe
Proceeding, 2003 WI 30, 260 Wis.2d 653, 660 N.W.2d 260 at 'lJ66.
FURTHER, notwithstanding any secrecy order, 1 request that the court allow the
following persons to have access to the record of the John Doe proceedings to the extent
necessary to perform their duties because such access will materially aid the progress of
this investigation:
District Attorney Kurt F. Klomberg & Special Prosecutor Robert G. Barrington;

t request that those persons who act in support of this John Doe proceeding be permitted
to use the information, transcripts, documents and other materials that wlll be gathered in
...............................................

this investigation for an appropriate law enforcement purposes, including but not limited to
the interview of witnesses outside the context of John Doe hearings, in support of this
investigation.
FINALLY, as to the scope of the secrecy order, I request that the court order that
2
Schmitz Affidavit 056

 secrecy be maintained during this John Doe proceeding as to court docket and activity
records, court filings, process issued by the court, information concerning the questions
asked and the answers given during a John Doe hearing, transcripts of the
proceedings, exhibits and other papers produced during the proceedings, as welt as to
all other matters observed or heard in the John Doe proceeding. See, generally, In re

John Doe Proceeding, 2003 WI 30 at 'fl62.
Dated this

;J_f day of 'Jvl

7

2013.

21 0 West Center Street
Juneau, WI 53039
(920) 386-3610- Voice
(920) 386-3623- Fax

3
Schmitz Affidavit 057

 Ctrcult Cou··

wa County, W1

\ ,_c:o

STATE OF WISCONSIN

CIRCUIT COURT

JUL. 2 5 20l 3

IOWA COUNTY

LIA N. GUST, CLERK
IN THE MATTER OF A JOHN DOE PROCEEDING

Case No. 13JDOOOO_l_

PETITION FOR COMMENCEMENT OF A JOHN DOE PROCEEDING

WHEREAS, I, Larry E. Nelson, District Attorney in and for the County of Iowa am
responsible for the review and prosecution of possible crimes occurring under Chapter
11 of the Wisconsin Statutes, which crimes may be committed by residents of the
County of Iowa, State of Wisconsin;
WHEREAS, in pursuit of these duties, I have had occasion to review information
involving a person named Eric S. O'Keefe (DOB 12/14/1954 ), a resident of the County
of Iowa; and
WHEREAS, based upon a review of information thus far gathered by
prosecutors and investigators as part of a John Doe proceeding now pending in
Milwaukee County, Case No. 12JD000023, I believe that further information concerning
possible crimes occurring under Chapter 11 of the Wisconsin Statutes can be revealed
utilizing a John Doe proceeding;
NOW, THEREFORE, based upon the information contained in my Affidavit that
accompanies this Petition, showing evidence that criminal violations of Wisconsin
Statutes §§11.26, 11.27, 11.38 and 11.61 (1 )(b) , pertaining to Limits on Campaign
Contributions, False Campaign Reports, and Contributions by Corporations, may have
been committed in Iowa County, I hereby request that a John Doe proceeding, pursuant
to Section 968.26, Stats., be conducted and that witnesses be subpoenaed and
questioned on oath relating thereto.
FURTHER, I request that these John Doe proceedings be secret for the following
reasons. I believe it is reasonable to expect that any public filing about the existence of
this investigation will generate substantial publicity, both from traditional (e.g., print and
9T99cl<:;?l~tJo~rn?li§JI1)?1JcJ.noiJ:-tr?cJitiqoal (f:}~g.lnterni3t plog) inforrnt:ltiQn$QWfG~?~ This

is because the individuals involved in this investigation are well-placed political
operatives. closely tied with the current Governor of the State of Wisconsin. At this
time, the investigation concerning the facts alleged in the accompanying Affidavit are
not a matter of common, pu

ct, a portion of the investigation has

Schmitz Affidavit 058

 been ongoing in Milwaukee County since the Fall of 2012, and the secrecy of that
proceeding has been maintained. I believe that the continued secrecy of the
investigation is important to its success. For example, publicity will forewarn probable
future John Doe witnesses of the State's interest in questioning them. Such warning
may result in statements that are less likely to be entirely candid. Publicity arising from
.-

'

·~

a public John Doe proceeding may also make it more likely that evidentiary records will
be lost or destroyed before being subpoenaed. It is also my opinion that the formality of

a John Doe proceeding before a judicial officer will increase the likelihood of complete
and frank statements by persons who otherwise may profess a failed or an incomplete
recollection to an investigating law enforcement officer in an informal interview setting.
Finally, I also note that publicity surrounding a John Doe investigation may serve to
unfairly publicize allegations of criminal misconduct that are in a pre-charging,
investigative stage. In other words, publicity related to a public John Doe proceeding
may unfairly damage the reputation of persons against whom - for whatever reason no criminal charges will ever issue.
FOR THESE REASONS, l respectfully submit that the balance between- on the
one hand -the public's right to be informed about this John Doe proceeding, and- on
the other hand - the legitimate need to maintain the secrecy of these proceedings,
must be struck, at this juncture, in favor of a secret proceeding. In re John Doe

Proceeding, 2003 WI 30, 260 Wis.2d 653, 660 N.W.2d 260 at ~66.
FURTHER, notwithstanding any secrecy order, I request that the court allow the
following persons to have access to the record of the John Doe proceedings to the extent
necessary to perform their duties because such access will materially aid the progress of
this investigation:
Larry E. Nelson, District Attorney;
Jennifer H. Ramsden, Legal Assistant;
I request that those persons who act in support of this John Doe proceeding be permitted
to use the information, transcripts, documents and other materials thatwillbe gathered in
this investigation for all appropriate law enforcement purposest including but not limited to
the interview of witnesses outside the context of John Doe hearings, in support of this
investigation.
2
Schmitz Affidavit 059

 FINALLY, as to the scope of the secrecy order, I request that the court order that
secrecy be maintained during this John Doe proceeding as to court docket and activity
records, court filings, process issued by the court, information concerning the questions
asked and the answers given during a John Doe hearing, transcripts of the
proceedings, exhibits and other papers produced during the p~oceed~~g~, as well as to
all other matters observed or heard in the John Doe proceeding. See, generally, In re

John Doe

Proceeding~

Dated this

2003 WI 30 at ~62.

.2:5_ day of ']:V\1

2013.

P.O. Address
Iowa County District Attorney's Office
222 North Iowa Street
Dodgeville, Wisconsin 53533
608-935-0393 -Voice
608-935-7928 - Fax

3
Schmitz Affidavit 060

 STATE OF WISCONSIN

CIRCUIT COURT

IN THE MATTER OF A JOHN DOE PROCEEDING

MILWAUKEE COUNTY
Case No. 12JD000023

r-AFFIDAVIT IN SUPPORT OF A REQUEST FOR SEARCH WARRANl[S AND-----~-~:--.

SUBPOENAS

i

; ::_•!,:,-~

ROBERT STELTER, being first duly sworn on oath, deposes and says Lhat: L.

1. I am an Investigator in the Milwaukee County District Attorney's ··offic-e:· I···· · ·

..

.. "'"""" ·--.-·-··«-------.

submit this affidavit in support of a request for search warrants and subpoenas
for documents related to this John Doe investigation.
2. I have 27 years of experience as a law enforcement officer. I have held
the rank of Detective and Lieutenant of Detectives within the City of Milwaukee
Police Department.

For two years, I worked at the Milwaukee High Intensity

Drug Trafficking Area Task Force, (hereafter HIDTA), a state/federal taskforce
with .law enforcement officers from the City of Milwaukee Police Department,
Federal Bureau of Investigation, Drug Enforcement Administration, West Allis
Police Department, Wisconsin Department of Justice, Wisconsin State Patrol,
and other jurisdictions.

That experience included the investigation of and

supervision of the investigation of complex and large scale organized crime in the
Metropolitan Milwaukee, Wisconsin area.

Over these last 10 years, I have

overseen multiple investigations and been involved in the supervision of
investigations that involved

federal court authorized wiretaps of wire and

electronic communications as defined in

the Federal Code.

I also have

participated in investigations involving individuals and organized group activity
related to the distribution of drugs and controlled substances, and the laundering
of drug proceeds and the concealment of assets purchased with drug proceeds.
In the past two years I have been involved with the investigation of violations of
Wisconsin election laws, campaign finance laws, use of government employees
for the purpose of political service, and ethics violations. The investigations have
resulted in

pro~ecutions

_J

for theft, campaign finance violations, as well as political

Schmitz Affidavit 061

 service involving governmental employees. In particular I have been involved
with the investigation in Milwaukee County John Doe case no. 10JD000007,
which has resulted in charges against six individuals, and the conviction of five
individuals to date.
3. In an order dated August 10, 2012, the Honorable Judge Neal Nettesheim
authorized the use and disclosure of information in Milwaukee County John Doe
proceeding case no. 201 OJD000007 as may reasonably be necessary in order to
conduct an investigation into the allegations outlined in this affidavit. (Exhibit 1)
This separate John Doe investigation was subsequently commenced based upon
information developed in 2010JD000007.
4. On September 5, 2012, Reserve Judge Barbara Kluka authorized the
commencement of a John Doe proceeding

related to violations of Wisconsin

Statutes §946.12, 939.30, 939.31, and 939.05;

viz. Misconduct in Public Office

(PTAC), and Conspiracy and Solicitation to Commit Misconduct in Public Office,
and other violations of Chapter 11 of the Wisconsin Statutes.
5. I incorporate by reference the Applications, Affidavits and other papers,
particularly those noted within, that have been submitted to the court in these
John Doe proceedings, including any matters or testimony referenced in the
paragraphs that follow. I base the following affidavit upon personal knowledge;
information and belief based upon statements and information from fellow law
enforcement officers and citizen witnesses; review of subpoenaed documents
and documents obtained via search warrants; testimony taken during the course
of the John Doe proceedings in 201 OJD000007, and other information as
described herein believed to be reliable.
6.

I have been authorized by a secrecy order to be made aware of these

John Doe Proceedings.

B.
ENTITIES, INDIVIDUALS, AND RECORDS SUBJECT TO REQUEST
FOR SEARCH WARRANTS AND SUBPOENAS.
7. This Affidavit sets forth a basis for my belief that evidence related to
violations of Wisconsin Statutes §§11.27(1), 11.26(2)(a), 11.61(1)(b), 11.36,
939.31 and 939.05,

viz. Filing a False Campaign Report or Statement (PTAC);

2
Schmitz Affidavit 062

 Conspiracy to File a False Campaign Report or Statement, and Political
Solicitation involving Public Employees 1 exist, and that the courts of Milwaukee
County have jurisdiction over these offenses. I make this Affidavit in Support of
search warrants and subpoenas pursuant to Wisconsin Stats §§968.135,
968.375, and 968. 12. I would note that this req uest for search warrants and
subpoenas relates to the individuals and entities described in the Affidavit in
Support of a Request to Commence a John Doe dated August 10, 201 2, for the
evidence described below at the locations described below:
a. United States Cellular- Subpoena Compliance Dept:

respectfully request that the cou rt issue a subpoena for documents
to United States Cellular- Subpoena Compliance Center,
Custodian of Records, 1 Pierce Place, Ste 800, Itasca, Ill. 60143 for
the records and timeframe identified below for the following
telephone number(s) for the timeframe of Jan uary 1, 2011 to July
31 , 2012:

. Johnson);

Wayne Hogan)

1

Wis. St ats §11.36 provides:
" 11 .36 Political solicitation involving public officials and employees restricted.
(1) No person may solicit or receive from any state officer or employee or from any officer or
employee of the University of W isconsin Hospitals and Clinics Authority any contribution or
service for any political purpose while the officer or employee is engaged in his or her official
duties, except that an elected state official may solicit and receive services not constituting a
contribution from a state officer or employee or an officer or employee of the University of
W isconsin Hospitals and Clinics A uthority wi th respect to a referendum only. Agreement to
perform services authorized under this subsection may not be a condition of employment for any
such officer or employee.
(2) No person may solicit or receive from any officer or employee of a political subdivision of this
state any contribution or service for any political purpose during established hours of employment
or while the officer or employee is engaged in his or her official duties.
(3) Every person who has charge or control in a building, office or room occupied for any
purpose by this state, by any political subdivision thereof or by the University of Wisconsin
Hospitals and Clinics Authority shall prohibit the entry of any person into that building, office or
room for the purpose of making or receiving a contribution.
(4) No person may entru- Qr remainl n ~building, office or room occupied for any pQ.rpose by _____ _
the state, by any political subdivision thereof or by the University of Wisconsin Hospitals and
Clinics Au thority or send or direct a letter or other notice thereto for the purpose of requesting or
collecting a con tribution."
2

This phone number was originally with U.S. Cellular and was ported to Cingular Wireless (now
AT&T) at some point in time. For this reason records are requested from both service providers.

3
Schmitz Affidavit 063

 b. Century Link - Legal Dept:

I respectfully request that the court

issue a subpoena for documents to Century Link, Custodian of
Records, Law Enforcement, KSOPKJ 0402, 5454 W. 1101h St. ,
Overland Park, KS, 66211, for the records and timeframe identified
below for the following telephone number for the timeframe of
January 1, 2011 to July 31, 2012:

(R.J. Johnson);

c. Charter Communications (D.B.A. Charter Fiberlink)- Law
Enforcement Paralegal: I respectfully request that the court issue
a subpoena for documents to Charter Communications- Subpoena
Compliance, Custodian of Records, 12405 Powerscourt Drive.,

St.

Louis, Mo. 63131 for the records and timeframe identified below for
the following telephone number(s)for the timeframe of January 1,

2011 to July 31, 2012:

(Eric Schutt);

d. Sprint- Corporate Security- Subpoena Compliance: I
respectfully request that the court issue a subpoena for documents
to Sprint, Subpoena Compliance 6480 Sprint Parkway, Overland
Park, KS 66251 for the records and timeframe identified below for
the following telephone number(s)for the timeframe of January 1,

2011 to July 31, 2012:
-

ichael Huebsch);. .

(Jenn ifer Bannister- Doner Fundraising)

e. AT&T Midwest (formerly Amerltech) - Records CustodianSubpoena Compliance: I respectfully request that the court issue
a subpoena for documents to AT&T Midwest, Custodian of
Records, 208 S. Akard St. , 10 1h Floor, Dallas, TX. 75202 for the
records and timeframe identified below for the following telephone
number(s) for the timeframe of January 1, 2011 to July 31, 2012:
(Kelly Rindfleisch);
f.

AT&T Wireless (formerly Cingular Wireless) - Records
Custodian -Subpoena Compliance: I respectfully request that
the court issue a subpoena for documents to AT&T Wireless,

4
Schmitz Affidavit 064

 Custodian of Records, 11660 N. U.S. Hwy 1, North Palm Beach,
FL. 33408 (fax 888-938-4715) for the records and timeframe
identified below for the following telephone number(s) for the
timeframe of January 1, 2011 to July 31, 2012:
(Ryan Murray);

(Deborah Jordahl);

(R.J. Johnson);

(Jim Villa);

Doner)
g. Mid-Plains Telephone Company - Records Custodian Subpoena Compliance: I respectfully reques t that the court issue

a subpoena for documents to Mid-Plains Telephone Company,
Custodian of Records, 1912 Parmenter St., Middleton , WI. 535623169, for the records and timeframe identified below for the
following telephone number(s) for the timeframe of January 1, 2011
to July 31, 2012:

(James Buchen);

(Keith Gilkes).
h. Cellc o Partners hip (D.B.A. Verizon Wireless)- Records
Custodian: I respectfully request that the court issue a subpoena
for documents to Cellco Partnership, Records Custodian, 180
Washington Valley Rd ., Bedminster, N.J. 07921, for the records
and timeframe identified below for the following telephone
number(s) for the timeframe of January 1, 201 1 to July 31, 2012:
(Gov. Scott Walker) and

(Keith

Gilkes);
i.

GOOGLE - Legal Investigations Suppo rt I Sea rch Warrants. I
respectfully request that the court issue a search warrant
authorizing the production of e-mail and related documents from
Google c/o Google Legal Investigations Support, 1600
Amphitheatre Parkway, Mountafn- View,-cA 94043 with respecrro--the following Google accounts: Brian C. Baker

5
Schmitz Affidavit 065

 j.

Microsoft Online Services - Hotmail - Custodian of Records. I
respectfully request that the court issue a search warrant
authorizing the production of e-mail and related documents from
Hotmail, 1065 La Avenida, Building #4, Mountain View, CA 94043
with respect to the following Hotmail account(s): Matt Seaholm

k. AOL (America Online)- Custodian of Records. I respectfully
request that the court issue a search warrant authorizing the
production of e-mail and related documents from AOL, 22000 AOL
Way, Dulles, Virginia 20166 with respect to the following AOL
account(s); Michael Huebsch
I.

Yahoo- Custodian of Records. I respectfully request that the
court issue a search warrant authorizing the production of e-mail
and related documents from Yahoo, 701 First Avenue, Sunnyvale,
California 94089, with respect to the following Yahoo account(s);
Michael Grebe

m. With respect to the request for search warrants described in 1J7(i) to

1!7(1) and the electronic communication service providers, I
respectfully request a search warrant issue for the following
timeframe (inclusive)

-January 1, 2011 to July 31, 2012 or as

specified, for the production of all communications stored in the
account including all Incoming and outgoing e-mail; subscriber
names, user names, screen names or other identities associated
with the account; mailing addresses,

residential addresses,

business addresses, other e-mail addresses, telephone numbers or
other contact or identifying information for this account (in electronic
or other form); billing records; contact lists, information about length
--. of service, types of services or r elated information; connection logs_________ - ..
and records of user activity, and any information related to sent and
received

communications,

including

any

"chat"

or

"instant

6
Schmitz Affidavit 066

 messaging" or related information for said account, any calendar or
documents maintained in conjunction with the named account; and
other records identified herein in

117

above.

n. With respect to the request for subpoenas described in

~?(a)

to

1J7(h) above, I respectfully request that the respective electronic
telecommunication service providers produce for the following
timeframe (inclusive)

- January 1, 2011 to July 31, 2012 or as

specified; any and all records including, but not limited to, any
books, papers, records, computer or electronic data, and the copies
of records related to the phone number(s) identified above,
including but not limited to: 1) all call detail records including
incoming and outgoing calls; 2) billing name and information,
subscriber name and information including any application for
service; 3) subscriber and/or billing address; 4)

Length

service, including start date and types of service utilized;

of
5)

Telephone or instrument number or other subscriber number or
identity, including any temporarily assigned network address; 6)
means and source of payment for the electronic communication
service or remote computing service, including any credit card or
bank information;
o. BMO Harris I M and I Bank - Records Custodian. I respectfully
request that the court issue a subpoena duces tecum to BMO
Harris (formerly M and I

Bank), 180 N. Executive Drive,

Brookfield, Wisconsin 53233,

authorizing the production of bank

records including but not limited to copies of signature cards,
account application(s), periodic statements, deposit items, credit or
debit items, wire or electronic transfers, withdrawals, and checks
relating to theaccount(s)·Hsted ·beJow for the timeframe of January
1, 2011 to July 31, 2012:

i. Wisconsin Manufacturers and Commerce

7
Schmitz Affidavit 067

 ii. Wisconsin

Manufacturers

and

Commerce

I

Issue

Mobilization Council
p. Free Conference Call - Records Custodian. I respectfully request
that the court issue a subpoena duces tecum and search warrant
authorizing the production of records relating to the following
accounts: from January 1, 2011 to July 31, 2012 for (605) 4754700, host and pariicipant access code 453846; from January 1,
2011 to November 30, 2011 for (530) 881-1200 access code
319841

and (218) 632-0550 access code 847249;

(1) the

production of all records including subscriber names, user names,
or other identities associated with the account I and or phone
numbers identified; mailing addresses, residential addresses,
business addresses, other e-mail addresses associated with the
account; telephone numbers or other contact or identifying
information for the accounts (in electronic or other form); billing
records; contact lists, information about length of service, types of
services or related information; connection logs and records of user
activity; all phone toll records related to the accounts; all records
pertaining to communications between Free Conference Call, and
any person regarding the accounts, including contacts with support
services and records of actions taken; means and source of
payment (including any credit or bank account number) and 2) all
communications in electronic or digital storage with respect to the
accounts. Free Conference Call is a telecommunications service
company providing conference call services, listing a contact
address of 110 W. Ocean Blvd., Long Beach, CA 90802-4615.
q. Line One Communications - Records Custodian.

I respectfully

rt:;qq~§tJbc:ttth~ 9Ql:lrti~§UE; §?LibPC>E?Ila duqe? tecum and search

warrant authorizing the production of records relating to the
following accounts: from January 1, 2011 to July 31, 2012 for (866)
200-9760,

participant pin 6624148;

(1) the production of all

8
Schmitz Affidavit 068

 records including subscriber names, user names, or other identities
associated with the account I and or phone numbers identified;
mailing addresses, residential addresses, business addresses,
other e-mail addresses associated with the account; telephone
numbers or other contact or identifying information for the accounts
(in

electronic or other form) ; billing records;

contact lists,

information about length of service, types of services or related
information; connection logs and records of user activity; all phone
toll records related to the accounts; all records pertaining to
communications between Line One Communications, and any
person regarding the accounts, including contacts with support
services and records of actions taken; means and source of
payment (including any credit or bank account number) and 2) all
communications in electronic or digital storage with respect to the
accounts.

Line One Communications is a

tel ecommunication~

service company providing conference call services, listing a
contact address of 3411 Capital Medical Blvd., Tallahassee, FL.
32308.
r.

I request that the court issue a search warrant or subpoena
authorizing the production of the documents and records identified
in

W

above, as said materials may provide evidence relating to

violations of sections W isconsin Statutes §§11 .27(1 ), 11 .26(2)(a),
11.61(1)(b), 11.36, 939.31

and 939.05, viz. Filing a False

Campaign Report or Statement (PTAC); Conspiracy to File a False
Campaign Report or Statement, and Political Solicitation of
Employees
8. With respect to jurisdiction, I know that Scott Walker resided at -

Wauwatosa ,- Wisconsin in Milwa ukee Gounty -and at the- Executive

Mansion in Dane County, Wisconsin during the timeframe of 201 1-2012 when

9
Schmitz Affidavi t 069

 the alleged offense(s) were committed. 3

The court has jurisdiction over the

above offenses pursuant to Wisconsin Stats. §978.05(1) that provides in
pertinent part that the District Attorney of the prosecutorial district has the
authority to prosecute all criminal violations that occur within that prosecutorial
unit, as well as "all criminal actions arising from violations of chs. 5 to~~ subch.

ill of ch.

13, or subch. Ill of ch. 19 and from violations of other laws arising from

or in relation to the official functions of the subject of the investigation or any
matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12_,
subch. Ill of ch. 13, or subch. Ill of ch. 19, that are alleged to be committed by a
resident of his or her prosecutorial unit ... "
9. I use the terms "records" "documents" and

"information~~

to include all

items of evidence in whatever form and by whatever means they may have been
created or stored, including any form of computer or electronic storage (such as
hard disks, jump drives, thumb drives, COs, DVDs, external USB drives, 3.5>1
disks or other media that can store data); any handmade form (such as writing,
drawing, painting); any mechanical form (such as printing or typing); and any
photographic form (such as microfilm, microfiche, prints, slides, negatives,
videotapes, motion pictures, photocopies), consistent vyith Wisconsin Stats sec.
968.13(2).
10.

In particular, this affidavit incorporates by reference the other affidavit

and exhibits in this John Doe, specifically the Affidavit of Robert Stelter dated
August 10, 2012 in support of the Commencement of a John Doe, the affidavit
of Robert Stelter dated September 5, 2012, and the Affidavit of Robert Stelter
dated October 8, 2012.
C.

LEGAL BASIS FOR THE REQUEST FOR SEARCH WARRANTS AND

SUBPOENAS

simple

3

call; or

Venue and jurisdiction can be established with a
phone
all single aCfln fl.1rtherance
of a conspiracy, which is one of the constituent elements of the charge. In State v. Anderson, 280
Wis.2d 104, 122 (p. 24), 395 N.W.2d 731 (2005), the Court found that a phone call (an overt act
evincing the intent to kill) which occurred in Jefferson County established venue and jurisdiction in a
prosecution for first degree intentional homicide.

10
Schmitz Affidavit 070

 11. The following principals of law apply to this request for subpoenas and
search warrants:
a. Wisconsin Statutes section 11.05(2g) provides that each candidate
shall file a registration statement, with the filing officer providing
information related to the name, mailing address and information
required under §11.05(3).

A personal campaign committee, or

other entity registered under Wis. Stats. Sec. 11.05, shall make a
full

report

of

all

contributions

disbursements made,

and

prescribed by the registrant.

received,

obligations

contributions

incurred,

on

or

a form

A personal campaign committee

registered under Wis. Stats. Sec. 11.05(2g) is such a committee.
Friends of Scott Walker (FOSW) was the personal campaign
committee of Scott Walker, gubernatorial candidate. Additionally,
the

personal

campaign

committees

for

Republican

Senate

candidates David Vanderleest, Robert Cowles, Alberta Darling,
Sheila Harsdorf, Luther Olsen, Randy Hopper, Dan Kapanke, Kim
Simac and Jonathan Steitz would be such a committee.
b. Wisconsin Statutes sec. 11.1 0(4) provides: HNo candidate may
establish more than one personal campaign committee. Such
committee

may

have

subcommittees

provided

that

all

subcommittees have the same treasurer, who shall be the
candidate's campaign treasurer. The treasurer shall deposit all
funds received in the campaign depository account. Any committee
which is organized or acts with the cooperation of or upon
consultation with a candidate or agent or authorized committee of a
candidate, or which acts in concert with or at the request or
suggestion of a candidate or agent or authorized committee of a
candidate is deemed a subcommittee of the candidate's personal
campaign committee." A "personal campaign committeen is defined
in Wisconsin Stats. Sec. 11.01 (15) and a "committee" or "political
committee" is defined in VVis. Stats. Sec. 11.01 (4). Accordingly, by

11
Schmitz Affidavit 071

 operation of law, any "committee" acting in concert with or with the
cooperation of or consultation with Scott Walker or FOSW, or the
personal campaign committees of the above Wisconsin State
Senate candidates are deemed by operation of law to be a
subcommittee of the candidate's personal campaign committee. 4
c. Wisconsin Stats. Sec. 11.06(1) provides that the report shall
include an itemized statement giving the date, full name and street
address of each contributor who has contributed in excess of $20.
If the cumulative contributions for the year exceed $100, the
occupation, name and address and principal place of employment
of the contributor must be included.

For example, FOSW was

obligated to report all the source's of contributions exceeding $20 to
FOSW or any subcommittee acting in concert with or with the
cooperation of, or consultation with Scott Walker or FOSW.
d. Wisconsin Stats. Sec. 11.27(1) provides that, "No person may
prepare or submit a false report or statement to a filing officer under
this chapter." A person who intentionally violates Wis. Stats. Sec.
11.27 (1) by the filing of a false report, that involves more than $1 00
or does not involve a specific figure is guilty of a Class I felony,
pursuant to Wisconsin Stats. sec. 11.61 (1 )(b).

Accordingly, the

intentional failure of FOSW to report to the Wisconsin Government
Accountability Board all the sources of contributions exceeding $20
to FOSW or any subcommittee acting in concert with or with the
cooperation of or consultation with Scott Walker or FOSW would be
a violation of Wis. Stats. sec. 11.27('1).
e. Wisconsin Statutes section 939.31 provides that "... whoever, with
intent that a crime be committed, agrees or combines with another
to commit that crime may, if one or more of the parties to the
4

1n 2005, former Wisconsin State Senator Charles "Chuck" Chvala was convicted in Dane County
Circuit Court Case No. 2002CF2451 of violating Wisconsin Stats. §§ 946.12(2) and 11.26(2)(b).
The violations of Wis. Stats. §11.26(2)(b) arose out of the campaign coordination involving
Chvala, personal campaign committees and "independent interest groups" that is analogous to
the potential violations here.

12
Schmitz Affidavit 072

 conspiracy does an act to effect its object, be fined or imprisoned or
both not to exceed the maximum provided for the completed crime."
f.

Wisconsin Statutes section 939.05 provides that "Whoever is
concerned in the commission of a crime is a principal and may be
charged with and convicted of the commission of the crime
although the person did not directly commit it and although the
person who directly committed it has not been convicted or has
been convicted of some other degree of the crime or of some other
crime based on the same act." Additionally, they may be convicted
under Wisconsin Stats. Sec. 939.05 if the person aided or abetted
or conspired to commit the criminal offense.

12. Scott Walker was the Milwaukee County Executive from 2002 to 2010.
In 2q06 and 2010, Walker was a candidate for the office of Governor of the State
of Wisconsin.

Scott Walker was elected to the office of the Governor on

November 2, 2010.
Governor were filed.

On January 17, 2012, petitions to recall Scott Walker as
As a result of the filing of the recall petitions, the

Government Accountability Board ordered elections for the office of Governor
and Lt. Governor be held on June 5, 2012.

Additionally, recall petitions were

filed against several Democrat and Republican Wisconsin State Senators.
Recall elections for those individuals were held on July 19, August 9 and August
16, 2011.

13. John Hiller was treasurer of the Friends of Scott Walker (hereafter
FOSW), the personal campaign committee for the gubernatorial campaign of
Scott Walker for Governor. Shortly after Walker took office as Governor in 2011,
Kate Lind became treasurer for FOSW according to filings with the Government
Accountability Board.
14. R.J. Johnson was a paid advisor to ·the Friends of Scott Walker and was
also involved with the Wisconsin Club for Growth (hereafter WiCFG), an
organization formed under Title 26 U.S. C. 501 (c)(4).

R.J. Johnson was also

involved with fund raising for another "501 (c)(4) organization, Citizens for a

13
Schmitz Affidavit 073

 Strong America, as reflected in reviewed e-mail. 5 Citizens for a Strong America
(hereafter CFSA) was the recipient of substantial contributions from WiCFG. R.J.
Johnson was also paid by CFSA. See Exhibit 3.
15. Deborah Jordahl worked with R.J. Johnson with respect to Wisconsin

Club for Growth (WiCFG) and Citizens for a Strong America (CFSA).

Jordahl

was a paid employee of WiCFG and CFSAl and a signatory to the WiCFG bank
account at M & I Bank. 6 Valerie Johnson! the wife of R.J. Johnson, was the
signatory for the CFSA account at M & I Bank.

7

16. Kate Doner was a fundraiser with Doner Fundraising working on behalf of
FOSW and in conjunction with the Wisconsin Club for Growth (WiCFG) in 2011
and 2012.

Camille Moughon and Jennifer Bannister also worked with Kate

Doner for Doner Fund raising.

17. Keith Gilkes was the campaign manager for Scott Walker when he ran for
Governor of the State of Wisconsin in 2010. Gilkes then served as Chief of Staff
to Governor Scott Walker from January 3, 2011 to about the end of September
2011 . He then served as a campaign advisor to the Friends of Scott Walker in
2011 through the recall campaign in June 2012.
18. Kelly Rindfleisch was employed in 2011 by FOSW, and paid by the
Republican Party of Wisconsin until January 2012. Rindfleisch was subsequently
employed by an independent company performing work for the Friends of Scott
Walker.

Rindfleisch was actively involved in coordinating fundraising by Scott

Walker on behalf of the WiCFG organization.

Rindfleisch previously was

employed as deputy chief of Staff for then Milwaukee County Executive Scott
Walker. During the timeframe of that employment in 2010, Rindfleisch was an
active fundraiser for then Lt. Governor candidate Brett Davis.

Rindfleisch was

subsequently convicted of one count of Misconduct in Public Office! with three
counts dismissed and read-in in Milwaukee County Circuit Court case no.
12CF000438 related to political service and fundraising while a Milwaukee
County employee.
5
6

7

See Exhibit 2, dated March 29, 2011.
See Exhibits 3 and 4.
See Exhibit 5.

14
Schmitz Affidavit 074

 19. The Wisconsin Club for Growth (WiCFG), is an tax exempt "social
organization" formed under Title 26 U.S.C. 501 (c)(4). 8

A review of State of

Wisconsin online records related to incorporation reflects that "Wisconsin Club
for Growth" (hereafter WiCFG) is a "non-stock" corporation.

In the 2009 and

2010 federal income tax filing for the WiCFG, Eric O'Keefe was listed as the
Director, Charles Talbot was listed as the PresidenUDirector, and Eleanor
Hawley as the Director I Secretary/ Treasurer.

Reviewed e-mail for 2011 and

2012 reflect that Eric O'Keefe worked with R.J. Johnson and Deborah Jordahl in
directing political activities of the WiCFG. 9

Media accounts report that WiCFG is

a organization whose board members have extensive ties to "Wall Street" and
energy companies. R.J. Johnson is identified as a organizer and key adviser for
WiCFG. 10
20.

R.J . Johnson was a general consultant to FOSW in 2010 according to

John Doe testimony. A review of R.J . Johnson's bank records, and e-mail
between the Walker recall campaign (FOSW) and R.J. Johnson establishes that
after the election of Scott Walker as Governor of Wisconsin in 2010, R.J.
John~on served as a paid advisor to FOSW in 2011 and 2012. 11 In that same

timeframe, R.J. Johnson also directed activities of WiCFG .
D. ·

SUMMARY OF PROBABLE CAUSE

21.

During 2011 and 2012, R.J. Johnson, Governor Scott Walker, Keith

Gilkes, and others , conspired to use WiCFG to coordinate political activity in

8

See Wisconsin Club for Growth Website, http://wicf g.com, that identifies it as a "501(c)(4)
organization, (Exhibil 6) as well in 2009 and 2010 federal tax filings. (Exhibit 7 and 8)
9
For example, on December 14, 2010, R.J. Johnson e-mailed Eric O'Keefe about the need to
schedule a conference call for a board meeting with the "Club" via telephone. Johnson used the
rj@rjjohnson.org e-mail and O'Keefe used the ~mail address. (Exhibit 9) On
December21, 2010, there was an email comm~' Keefe and Johnson with a
copy to Jordahl about no meeting because they had no response from Diane. (Exhibit 10). Later
on December 21, 2010, R.J. Johnson also sent an e-mail to Keith Gilkes discussing the need to
go 9..~9L.!lc;k _CIYtu:nef::lliag with G.!l~f::l§, R.f:li:>)9J9?hl§f'ld toe ~:fi!~?." ?Jtf:lrtb!:l !D~(:lt!l}g <m .Tb.t,~r~.Q§Y: _ . .. _ _
(Exhibit 11 ). In a November 2010 email exchange regarding whether a Club for Growth media
bill had been paid, Johnson wrote "we own CFG." Johnson also asks
mailed a
an epayment. (Exhibit 12) See also ~26 and ~39 infra. O'Keefe also used
mail address per a review of e-mail. R.J. Johnson also used
10
See Milwaukee Journal-Sentinel article dated February 22,
11
See John Doe testimony of R.J. Johnson dated October 6, 2011, pg. 19 (Exhibit 14)

__ _

15
Schmitz Affidavit 075

 response to recall elections against Wisconsin state senators, as well as
Governor Walker.
22.

Because WiCFG is a social welfare organization organized under Title 2

U.S.C. 501 (c)(4); it can involve itself in limited political activity, provided that
"supporting or opposing candidates" does not become the organization's primary
purpose. Corporations could lawfully contribute to the "501 (c)(4)" organization so
long as the expenditures were not coordinated or made with the cooperation,
consultation or at the request of a candidate or political party. However, during
2011 and 2012, WiCFG became the means for coordinating political campaign
activities of the 501 (c)(4) organization with personal political campaign committee
of Governor Walker, in particular coordinating activities of FOSW with WiCFG
with respect to the recall of Governor Scott Walker.
personally solicited

Contributions were

by Governor Scott Walker to WiCFG,

a "501 (c)4"

organization'' in order to circumvent the reporting and contributions provisions of
Wisconsin Stats. sees. 11.10(4), 11.06(1), and 11.27(1) that would constitute a
violation of Wisconsin Stats. Sec. 11.26, 11.27 and

11.61(1)(b).

The

contributions to WiCFG solicited by Governor Walker in opposition to his recall
provided donors with a means to support Governor Walker though anonymous
contributions and corporate contributions to WiCFG without any
limits.

cont~ibution

WiCFG was also involved in the response to. the recall of \Nisconsin

Republican state senators in 2011.
E.

FACTS ESTABLISHING PROBABLE CAUSE.

23.

On April 28, 2009, Scott Walker announced his candidacy for the office

of Governor of the State of-Wisconsin. That same day, Executive Director David
Keating of the national "Club for Growth, (herafter CFG) office sent an e-mail to
R.J. Johnson expressing concern over ''potential legal issues that might be
presented should the Wisconsin Club for Growth continue to air the previous
ads or run additional advertisements or communications featuring Scott Walker.))
Because of concern "about potentia! legal issues that might be presented should
the \0Jisconsin Club for Growth continue to air the previous ads or run additional
advertisements <?r communications featuring Scott Walker," the national CFG

16
Schmitz Affidavit 076

 requested that WiCFG provide a legal opinion with respect to WiCFG plans for
additional ads or activities featuring Scott Walker. The national CFG asked that
the legal opinion comply with a "conservative interpretation of state laws and
regulations."

The national CFG asked that legal counsel review any ads or

communications before they were aired or disseminated to the public. In
response to the national CFG concerns, R.J. Johnson replied on April 29, 2009
in an e-mail, "A phone call would have been appropriate in advance of sending
an e-mail like this." R.J. Johnson continued, "We will continue to criticize and
praise the behavior of our elected officials. Whether they are running for office
is not relevant to us, as we only care about policy outcomes and the public
debate that helps bring them about. Further, Wisconsin is not under the same
restrictions of speech that you are at the federal level. Under Wisconsin law we
are allowed to criticize or praise anyone in the public policy arena at any time. If
those rules change, we will of course change our behavior accordingly.H
According to Johnson, at that time the communications that were of concern
were two e-newsletter items, one in early January and a second in March about
then County Executive Walker's public refusal to seek federal stimulus dollars.
Additionally, there were radio ads relating to an advisory referendum on raising
the sales tax in Milwaukee County. The e-mail string was then forwarded to
Deborah Jordahl and Stephan Thompson.

(Exhibit 15)

Accordingly, R.J.

Johnson was aware of concerns relating to potential legal issues that might
arise

with

advertisements

or

communications

featuring

Scott

Walker

communicated by the Club for Growth, in conjunction with Scott Walker running
for Governor as early as 2009.
24. A review of e-mail obtained as a result of a John Doe search warrant
issued on May 3, 2012 in Milwaukee County John Doe case no. 201 OJD000007
for particular private e-mail accounts reflect a communication on March 25, 2011
at 11 :48 a.m. In that communication, Nick Ayers (former executive director of the
Republican Governors Association) wrote Governor Walker, indicating that he
spoke with Earl Gillespie (Chairman of the Republican State Leadership
Committee).

The e-mail lays the groundwork for a meeting to coordinate the

17
Schmitz Affidavit 077

 efforts of at least two 501 (c)(4) organizations, Americans for Prosperity (AFP)
and Wisconsin Club for Growth (CFG) with that of other political organizations,
· Wisconsin Republican Party (WIGOP), Republican State Leadership Committee
(RSLC) and Republican Governors Association (RGA). (Exhibit 16- excerpt
below)
From : Nick Ayers [lnaolo
Sent: Friday, t·1~rch 25, 2011 11:18 AM

To: Scolt Walker
Cc: Rei nee Prlebus- Chairman's Offlce
Subject: WI
Spoke to Gillespie this morn rna. My sense Is t hat everyone's heart (1\H', WIGOP, fiSLC. RGA. CFG) is in

the rlghtpiQce but no one I.$ clear on the tntlre batt le plan, and that Is leJJvlng very vulnerable gaps i f)
both the plannln6 and •••cutfon of a winning strategy.
Stating the obvious: It Is crucial that If we p•o>Ade the air cover In the comins few menths that someone
else h•s • top-notch abJtntee bollot and GOTV plan.lt is crucial that iF lho>e ,..., things are happanlng
some othe• enllty Ita\ total responsibility for collettlng the petfllons In the 3"1 tor,eted demoetalk:
senate seats. It is equally crudal t hat someone Is providing talklnl points and a daly me>soge to all the
Party's talklnc htads. lrls crucial that aP these groups are reponlns In on their progress and hitting their
merrics for suaess. And It Is crucial that we have a legal pl•n In place to challenge erroneous pet<tlons
ind pre\'ent voter frJud.
The point lam trylns to make Is that losing at any of these levek: GO!V plan; paid >dvcrtiting; earned

mt.:dii)i collettlns petitlons:; legitI strategy, means rosJng at all _levels.
l'o resolve thl• we recommend getting togethe•face to foce on Wednesday or Friday o f next week In WI
to bring everyone toge ther to assign rltsponslbility and create a command structure. Ooeslhls- sound
correct to you? Ed and I are available by phone If vou want to discuss.

25. The e-mail was then sent by Reince Priebus, Chairman of the
Republican National Party to Governor Walker, asking about the results of a
meeting with R.J. Johnson. (Exhibit 16)
26. On March 29, 2011, R.J. Johnson sent an e-mail to Keith Gilkes with a
copy to Governor Scott Walker in response to an earlier e-mail from Gilkes
regarding the attendance of Governor Walker at the Republican State Leadership
Committee (RSLC) conference in Washington D.C. on April14, 2011. Johnson
discusses strategy prior to Governor Walker attending the RSLC conference.
Johnson advised Gilkes and Walker that he "locked in Eric O'Keefe to head up
our national fundraising operations with donors we know from the Koch seminar
and across the country as we discussed at the residence . I am hopeful that Nick
(Ayers) will stay to his commitment..tG· call his folks,.-t_ell them.we are the group, -and that they should contribute liberally to what we propose." Eric O'Keefe led
the Wisconsin Club for Growth, a 501 (c)(4) organization. Johnson tells Gilkes,
"As far as Fitzgerald, I would tell him the Governor will be raising 5 million plus

18
Schmitz Affidavit 078

 under Wisconsin control." Johnson tells Gilkes that he will need the Governor on
"7-8 trips to get us where we need to be along with some in-state stuff." The
Fitzgerald reference is likely to be Scott Fitzgerald, Treasurer for Committee to
Elect a Republican Senate (CERS). Johnson tells Gilkes, "If you can't wait until
we have an understanding with Nick and the RSLC, you are in effect committing
to their program and control of our destiny." (Exhibit 2)
27.

A conference call was then held on April6, 2011, as a result of an e-mail

sent by Governor Scott Walker. In that e-mail, Walker advised Keith Gilkes and
R.J. Johnson, "I think we need to bring the gang together tonight." (Exhibit 17)
Records from Free Conference Call reflect that a conference call was held at
approximately 8:00 p.m. using the official media conference ca ll line of Chris
Schrimpf, Communications Director for Governor Walker. 12 Participants in the
conference call included phones of the following individuals (at that point in time
with unidentified numbers excluded):

to contribute to economic and cultural

12

See Exhibit 18 and below information from Free Conference Call related to the phone line used
lollici~l Medl.a t:onfere.~~'!.\)U J.,lne I
I (?.J8) 86?.·1001 I 1023320 I . 5'/4146 I 4125/10 1;25:59 PM

r

J

I

I

19
Schmitz Affidavit 079

 James Buchen

Senior Vice President of Government Relations for.
Wisconsin Manu facturers & Commerce.

28. After the April 6, 2011 conference call, a meeting and conference call
was subsequently held on Thursday, April 7, 2011 in Milwaukee, Wisconsin with
a call in for those who could not personally appear. 13 Keith Gilkes sent an e-mail
with meeting details and call in information to the following individuals:

POSITION I DESCRIPTION
Former executive director of the
Republican Governors Association
from January 2007 to January

NAM E
Ayers, Nick

ORGANIZATION
Republican Governor's
Association (RGA)

Walker, Scott

Friends of Scott Walker (FOSW)

Johnson, RJ

Wisconsin Club for Growth
(WiCFG)

Jankowski, Chris

Republican State Leadership
Committee (RSLC)

Grebe, Michael

Bradley Foundation

Hogan, John

Committee to Elect a Republican
Senate (CERS)

Thompson, Stephan

Republican Party of Wisconsin
(RPW)
Republican National Committee
(RNC)

201 1'

Jefferson, Mark

Gilkes, Keith
·· - ··

....

Governor and Gubernatorial
Candidate
Advisor, Wisconsin Club for
Growth; also advisor and consultant
toFOSW
President of RSLC - a "leading
strategist in state elections, state
policy Issues and state
government."

President and Chief Executive of
Bradley_Foundation·
Former executive director; from
January 2009 - August 2011 .
Present employment- Chief of Staff
at State of Wisconsin- Senate
Majority Leader's Office (Scott
Fitzgerald)
Executive Director, Republican
Party of Wisconsin

Former Executive Director, RPW.
Presently with RNC as the Midwest
Reqional Political Director.
Friends of Scott Walker (FOSW) Campaign Manager, FOSW Walker Gubernatorial Campaign;
...
... .
·-also Chiet- ot Staff Governor Scott ·Walker
~~···

13
The call-in utilized the services of "Free Conference Call, with phone number 218-862-1 001
and access code 1023320.

20
Schmitz Affidavit 080

 Schutt, Eric

Office of the Governor, State of
Wisconsin

Chief of Staff- Governor Scott
Walker (replacing Gilkes); former
hief

(See e-mail of April 6, 2011 from Keith Gilkes using
and 19.2)

29. This coordination was discussed in an e-mail sent by Kate Doner, a
fundraiser for Scott Walker, to R.J . Johnson and Jay Rosser on April 28, 201 1 at
12:03 p.m. Doner explained:
"As the Governor discussed with Mr. Pickens, he wants all
the issue advocacy efforts run thru one group to ensure
correct messaging. We had some past problems with
multiple groups doing work on "behalf" of Gov. Walker and it
caused some issues. In Wisconsin, a 501(c)(4) is the legal
vehicle that runs the media/outreach/GOTV campaign. The
Governor is encouraging all to invest in the Wisconsin Club
for Growth.
Wisconsin Club for Growth can accept
Corporate and Personal donations without limitations and no
donors disclosure. We are a se parate group from the
nationa l Club for Growth and do not have any Koch money
involvement."
(see attached, emphasis in original) (Exhibit 20)
30. On May 4 , 2011, Kate Doner sent an e-mail to Kelty Rindfleish and R.J.
Johns'on regard ing arrangements for a phone call to Karl Rove soliciting at least
a $1,000,000 contribution from "Crossroads, '' a 501(c)(4) orga nization.

Doner

indicated that Rove received a $7 million dollar contribution from Bob Perry that
Perry thought was going to be used in Wisconsin.

Walker was sent "talking

points" that included, 1) telling Rove that $9 million dollars must be raised by
June 15; 2) that Walker can't ask companies with lobby efforts in Wisconsin for
money; 3) that Rove ask his "corporate connections" to give money to WiCFG.
As part of the e-mail chain, Scott Matejov, secretary for Walker (using the
account) sent an e-mail to Kelly Rindfleisch with a copy to
Governof Scott Walker (at -swalkerwi@gmail.com) o nMay-4; 201-1 at 1.1:20a.m . -------- ..
Matejov. advised Rindfleisch that Governor Walker should be able to do the ca ll
at about 1:30 p.m. "today." Matejov said the Governor did not have the cellular

21
Schmitz Affidavit 081

 phone number for Rove so requested that the number be sent by e-mail to the
Governor. (Exhibit 21.1)
31 . Governor Scott Walker sent a follow-up e-mail to Karl Rove on May 4,
2011. In that e-mail, Walker described the response to the recall election and the
role of R.J. Johnson in organizing that response. Walker stated, "Bottom-line:
R.J. helps us keep in place a team that is wildly successful in Wisconsin. We are
runn ing 9 recall elections and it wi ll be like running 9 Congressional markets in
every market in the state (and Twin Cities)." (Emph;:lsis added) (Exhibit 21.2)
32. On Wednesday, June 1, 2011 at 8:00 a.m. Kelly Rindfleisch sent an email (using the address

Scott Walker (at

swalkerwi@gmail.com) and
Rindfleisch

forwarded an

e-mail from

Kate Doner

to Rindfleish with the

subject heading, "Lowry Mays talking points." The email related to a phone call
from Scott Walker to Lowry Mays on June 2, 2011 at 11:00 a.m. The e-mail
included the following talking points for Governor Walker:
a.

Finalization of the recall efforts with nine special state elections

b.

The "union battle and budget issues." The economics of the

situation and need as Governor for pro-business legislators.
c.

The national labor movement and Democrats using this as a way

to "scare other Governors and legislators from tackling public unions.
d.

The need to raise $9 million dollars by June 15 (2011 ).

e.

A request for a $250,000 contribution to Walker's "501 c4." Walker

was to let Mays know that they could accept corporate contributions that are not
reported.
Also noted is that Mays may help with Red McCombs, who they asked to
give $100,000, as well as the friends of McCombs. (Exh ibit 22)
33. On June 20, 2011 at 10:48. a.m. Kelly Rindfleisch using the e-mail
sent an e-mail to Ryan Murray (and Scott
·..... ··....... ·--··.. - .... --... .
·Walker.) The e-mail forwarded a communication from Kate Doner to Rindfleish
address

. ..... -· .

~

"""

regard ing a fundraising trip in New York City from June 20 to June 21, 2011. The
itinerary for the fund raising trip is attached to the e-mail. Included in the itinerary

22
Schmitz Affidavit 082

 was a meeting with Chris Lofgren, identified in the e-mail as the CEO of
Schneider National, the nation's largest privately owned truckload carrier. The
talking points related to fund raising include Walker asking Lofgren to reach out to
"his peers" and assist with raising $200,000; a request for a $50,000 donation
from Chris Lofgren; and a note to "(S)tress that donations to WiCFG are not
disclosed and can accept Corporate donations without limits. 14
to refer to the

~~Wisconsin

I believe WiCFG

Club for Growth." (Exhibit 23)

34. The itinerary described in ,-r32 included a meeting with Mark Schwabero
of Mercury Marine, based in Fond Du Lac, Wisconsin; the talking points included
a request for Schwabero to have his company make a contribution, and to recruit
other companies to make a contribution. Walker was to let Schwabero know that
companies are contributing between $10,000 and $1,000,000.

Walker was to

ask Schwabero for a $25,000 contribution, and for Schwabero to "... ask two
other guys to match your donation to your 501 c4." Walker was to let Schwabero
know that corporate contributions can be accepted and it is not reported.
35. The itinerary described in ,-r32 included a meeting with "BLACKROCK/'
an investment firm with $3.65 trillion equity according to the summary.

The

talking points included, "the business aspects of the recall effort and why it's
important to keep the Senate. We are rallying the business community's support
with such a short timeline. Unlike the unions, we don't have access to that much ,
cash to be competitive. We are hoping to count on their support.'' The talking
points concluded with a request by Walker for a contribution of $100,000 to
"your" (referring to Walker) "501 c4."
36.

On July 13, 2011, R.J. Johnson directed an e-mail to Governor Scott

Walker at "swalkerwi@gmail.com" that forwarded an e-mail from Chris Jankowski
of RSLC.

The substance of the e-mail concerned recall elections against

Republican Wisconsin State Senators Alberta Darling and Luther Olsen, as well
as efforts to recall Democrat Senator Jim Halperin and Dave Hansen. Jankowski

14

Wisconsin Statutes prohibit contributions from corporations; Scott Walker acknowledged that on
March 22, 2012 during an interview. When asked about fund raising by the FOSW finance
committee, and .a discussion of donors, Scott Walker stated," .. It wouldn't be corporate donors."
(See Exhibit 99, Interview of Scott Walker, March 22, 2012, Pgs 83 to 85)

23
Schmitz Affidavit 083

 told Johnson that

u•••

we are going to do a 500k ie on broadcast and cable

against holperin over 4 weeks." Jankowski said over a month they spent "almost
500k" ($500,000) against holperin and hansen.
Johnson for the
mentioned ... "

~~actual

Jankowski then asked R.J.

plan or versions of it that add up to the 6.5 m you

In response, Johnson e-mailed Jankowski, stating, "Here is the

memo outlining the 1M they say they will have spent here. Again, I don't want to
fight. I just need the half million and a matter of fact retort if he says RSLC is in
for a million.

We're spending like crazy.

Alberta and Olsen are in trouble

according to our recent polls. DO NOT REPEAT that to anyone. Thank you sir."
See Exhibit 24.1

A reasonable interpretation of the e-mail is that memos and

information were exchanged between RSLC and WiCFG, consistent with the
earlier discu,ssions in April 2011. Earlier that day, R.J. Johnson exchanged email with Jankowski in which Johnson said, "Need to know that you are up and
· the content of your spot. We are drafting radio to compliment. Also need to
know if you plan to play any further in WI beyond Halperin." Exhibit 24.2
37.

On August 30, 2011 at 11:53 p.m., Governor Scott Walker sent an e-

mail to R.J. Johnson and Mary Stitt, asking if he sent out thank you notes to "all
of our c(4) donors?" (emphasis added) Mary Stitt replied on August 30, 2011 at
5:22 a.m. to Walker, advising him, "I think you had a few final ones to sign. Ted
Kellner, San Orr, Fred Kasten. I will work with Keith for times to set up calls for
Diane and John Menard." (Exhibit 24.3) Based upon the above e-mail and a
subsequent review of WiCFG Bank records, Ted Kellner, San Orr, Fred Kasten,
and John Menard (thru Menard Inc.) made donations to WiCFG in response to
solicitations by Governor Scott Walker. (Exhibit 25 and 26) The records of the
WiCFG account at M&l Bank reflect a June 24, 2011 deposit of $1,000,000 of a
check issued by Menard Inc. The records also reflect a second deposit of
$1,000,000 into the WiCFG account at M&l Bank on April 16, 2012 of a check

38. The Wisconsin state senate recall elections were completed by August
16, 2011. In an e-mail dated August 18, 2011, Kate Doner distributed an agenda
for a conference call to Governor Scott Walker, Kelly Rindfleisch, Keith Gilkes,

24
Schmitz Affidavit 084

 and R.J. Johnson. The agenda was entitled, ''Wisconsin Conference Call Brief."
The agenda included Governor Walker providing an overview of the recall
election results, political update and future ramifications that was to be lead by
R.J. Johnson, and how Wisconsin Club for Growth (WICFG) spent $12 million,
Americans for Prosperity (AFP) spent $1 million, and the Republican State
Leadership Committee spent $500,000. The conference call was scheduled for
Aug~st

18, 2011 at 9:30 a.m. (Exhibit 27) The conference call number that was

used is not known.
39. On August 18, 2011, Keith Gilkes sent comments to Governor Scott
Walker from R.J. Johnson for the conference call on that date after the recall
election. In the remarks attributed to R.J. Johnson with reference

to the state

senate recall elections, Johnson remarked, "Our efforts were run by Wisconsin
Club for Growth and operatives R.J. Johnson and Deb Jordahl, who coordinated
spending through 12 different groups.

Most spending by other groups was

directly funded by grants from the Club." (Exhibit 28).
40.

In 2011, WiCFG also sponsored ads supporting Walker. (see Stay the

Course ad at http://www.voutube.com/watch?v=SbflkDCcb o&feature=plcp, for
example- Exhibit 29)
41.

In September, 2011 after the Wisconsin Senate recall elections, a plan

was proposed by Kate Doner in preparation for the recall efforts against
Governor Walker.

Doner suggested creating a new 501 (c)(4) (noted in the e-

mail as "c4") because of perceived issues with the name, "Club for Growth." (See
Exhibit 30, a portion of which appears on the next page)

25
Schmitz Affidavit 085

 ~------------------~------------------------------,

From:

Kote Doner (l<ate@<!onerfundralslng.oomJ

Sent:

Wednesday, September 07, 2011 6 :3.9 AM

To:

'Kellh Gilkes~ r)@~johnson.org; 'Scott Walke(

Cc :

'Jennifer Bannlsler, Done(; 'Kelly RlndfleiSGh'

Subject:

Walker Recall Fundraising Effotls - thoughts

Follow Up Ff•g: Follow up
Flag Status:

Red

Gentlemen,
Here arc my qukk thovghts on raising money for Walker's possible recall efforts. i am happy to put into
an official "plan".

CFG:
Ma~e nke with P.SlC
lode down$ commitments from RGA, fU'IIC, AfP now

Tal<e Koch1s monev
Get on a plane to Vegas and sit down w1th Sheldon Adelson. Ask for $1m now.
CorporaUons. Go heavy after them to give. Didn' t give anud\ to the recall efrort this summer.
Create a new G4. Club (or Growth nam~ has issues.
Walker:
1) Finance Chair

Get a kkk ass finance chair who can do peer to peer asks.
Once Keith moves to the campa ign -· have hln> rally the lobby/business community
w here Walker t an't ask

2} PAC'S
Only one PAC has maxed out In 2011 to Walker. Not eood
Vou hav e ral sod $237,036.75 from I'AC's. Collect the other $248,153.25 oow. Invite
them all to lunch with you for $2~k each ond make them ilam sandwiches. Get firm. No

need to do anythlne expensive.
3} c orporation•
Pulle-d ForttJna-'i top 10 companies In Wisconsin. With a quidc glance, onty two have
!up ported Walker {NW Mutoai maxed out. American Family ,ave little).
~hnsoo Co1\lrOis

Mi._.,~-uketJ

83

28,497.0

No!ll!\\lestem Mu1upl 1 16
~ 13&

MenomoneeFNI$ 17, 176,0
Milw::~u k&o

16,038.7

ArnelfcAn fnni ly lnswjlilCg Groua ~44

Madl$00

6.4153.-l

~ 388

Osl,kosh

5,433.3

~~430

MIIW8Uk(IO

4,838,6

Mhwaulcc&

4,332.5

Bookwe!IAut-omai!Qfl 476

42. November 15, 2011 was the first day groups or individuals could register
with the Wisconsin Government Accountability Board for the recall of Governor
Scott Walker. 15 On that date, the FOSW campaign committee could also accept
contributions related to the potential election of Governor Scott Walker.

My

understanding is that as a result of Wisconsin Stats. sec. 11 .26(3m), no
contribution limits existed with respect to individuals; however, corporate

J5 See Exhibit 31.1, where on November 1, 2011, Kate Doner requests help from Michael Grebe
in having 1.5 million dollars in contributions ready on November 15, 2011 . Michael Grebe used
the e-mail

26
Schmitz Affidavit 086

 contribution continued to be prohibited to personal campaign committees such as
FOSW.
43.

Keith Gilkes directed an e-mail to Governor Walker on November 14,

2011, wanting to discuss contributions from particular donors. Based upon a
review of the e-mail and subsequent donations, a reasonable conclusion is that
Gilkes wanted to discuss and vet particular campaign contributions with
Governor Walker prior to the actual acceptance of the contributions and
subsequent public disclosure required by campaign finance laws. The 13 page
e-mail 16 provided background information on several donors, including Harold
Simmons, Sheldon Adelson, and Kenneth Griffin, among others. Gilkes said he
wanted Walker to be aware of the donor research so Walker was aware of what
he "might need to defend in terms of contributions when these are disclosed."
Gilkes then asked Walker to call that afternoon; Gilkes advised Walker that it
(contributions) needed to be finalized before I'Kate makes final confirmations."
Kate Lind was the campaign treasurer for FOSW at that time. Based upon a
review of this e-mail and the contributors discussed, bank records of WiCFG, and
Wisconsin GAB public campaign finance records, contributions were accepted
from some of the individuals, others made no contributions, while others made
contributions to WiCFG apparently in response to the vetting of the contributions
from particular donors by FOSW.

For example, the Wisconsin GAB public

campaign finance information for the timeframe of July 1, 2011 to January 18,
2012 does not reflect any contributions to FOSW from Harold Simmons, Sheldon
Adelson 17 , and Kenneth Griffin.

However, WiCFG bank records reflect a

contribution from Kenneth Griffin on November 29, 2011 for $25,000; a $100,000
contribution from Contran Corporation owned by Harold Simmons on December
15, 2011 as well as a $150,000 contribution from Harold Simmons on January 4,
2012; and a $200,000 contribution from Sheldon Adelson on May 22, _2012.

18

Other individuals identified in the November 14, 2011 e-mail that were reported
as contributors to FOSW, including H.R. Perot, Jack Miller, Rick Carlton, Trevor
16

See Exhibit 31.2, dated November 14, 2011 from Keith Gilkes to Governor Walker.
Adelson did make a $250,000 to FOSW that was reported on 3/30/12.
18
See Exhibit 32.
17

27
Schmitz Affidavit 087

 Rees-Jones, Bob Perry, Lea Beaman, Foster Friess, Stanley Hubbard, John
Ingram, Richard Uihlein. Several other individuals identified in that e-mail that
did not make any contributions to WiCFG or to FOSW prior to January 18, 2012
were Jim Haslam II, Ray Hunt, Lee Barfield, Fred Malek, Charles Elcan, and Phil
Gramm.
44. On December 16, 2011, Ciara Matthews of the FOSW campaign
forwarded an e-mail to Keith Gilkes from Tom Evenson of the Governor's office
that identified the public and private conference call line numbers used.

The

phone numbers identified in the e-mail (218-632-0550 and 530-881-1200) per
public information were identified as belonging to Free Conference Call. (Exhibit
33)
45. The use of "Free Conference Call" by FOSW was evidenced by e-mail
received by Keith Gilkes in April 2012. An example is an e-mail sent from "Free
Conference Call" on April 16, 2012 listing the use of the service with phone
number 610-214-0000 and access code 897141. (Exhibit 34.1). This conference
call line was started in 2011, as evidenced in an e-mail dated May 30, 2011 from
Keith Gilkes to Scott Walker. (Exhibit 34.2)
46.

According to a December 19, 2011 e-mail, Governor Scott Walker was a

participant in a conference call on December 22, 2011 arranged by James
Buchen of Wisconsin Manufacturers and Commerce (WMC). The purpose of the
conference call was to discuss the pending recall elections. ·The e-mail invitation
to the conference call reflected that Governor Walker "will join us for the first part
of the call. The rest of the call will feature a review of the latest poll results and
further discussion of the recall campaign.'' (Exhibit 35). A review of bank records
from WiCFG reflects that WMC was the recipient of over $2.5 million dollars in
2012 from WiCFG. (Exhibit 36).

WMC and WMC Issue Mobilization Council

Inc. subsequently produced and aired advertisements promoting Governor Scott
Walker and criticizing Mayor Tom Barrett; who was subsequently the Democratic
candidate opposing scOtfWalker during the gubeinatOdalrecallcampaigri ..

(see

1f67-68).

28
Schmitz Affidavit 088

 47.

The personal fundraising by Governor Scott Walker in 2011 and 2012 on

behalf of WiCFG provided the organization with the funds to contribute to groups
such as WMC and CFSA.
48.

On December 27, 2011, Jennifer Bannister of Doner Fundraising

advised Governor Walker that she was following up with David Herro, who was
identified in the e-mail as a contributor "to the senate recalls." (Exhibit 37) David
Herro subsequently contributed $30,000 to WiCFG in 2012. (Exhibit 38)
49.

On December 27, 2011, Andrea Boom sent an e-mail to Governor Scott

Walker with the schedule for his trip to California on December 29 and 30, 2011.
Boom advised Walker that "the Doner team is working on finalizing the details
and we'll get briefing papers to you as soon as we can tomorrow afternoon." The
schedule included a dinner with donors on December 29, 2011 at the Balboa Bay
Club; a meeting on December 30, 2011 with "New Majority Membersll at the
Pacific Club and a meeting with Family Action PAC members. (Exhibit 39) After
the trip on March 14, 2012, the WiCFG account reflected the deposit of a check
dated March 2, 2012 from Green Step Productions, LLC of Hollywood California
in the amount of $25,000. (Exhibit 40)
50.

On January 24, 2012, Keith Gilkes sent an e-mail to Governor Scott

Walker regarding "scheduling questions."

Noted in that e-mail in the "events"

section was "AEI World Forum," an event "Requested by Kate Doner as a High
Dollar Conference with Key Contributors." (capitalization in original) Kate Doner
included in the notes on the event, "... that this event has many of the remaining
or outstanding donors that we are trying to connect with. As well, provides an
opportunity for you to connect with some new prospects. AEI would have you
speak at their Sunday Breakfast which has the highest attendance and most
prominent event with their donors." (Exhibit 41) Subsequent e-mail reflects that
Walker did attend the AEI conference on March 10, 2012, where Walker met
individuals or representatives who made substantial contributions to WiCFG.
See ,-(52··to 1[56··· herein: · Also noted······in this January 24, 2012 e;:;mail under the
heading, "March & April" were potential future fundraising trips to Midland, Texas;
New York, New York; Scottsdale, Arizona; and "Hayward, WI (Bill Johnson).

11

29
Schmitz Affidavit 089

 51.

On February 23, 2012, the itinerary of Governor Scott Walker reflected a

conference call with David Hanna of Hanna Capitol, a private equity and
investment capitol investment firm per the website of Hanna Capitol. (Exhibit 42)
On February 27, 2012, the Wisconsin Club for Growth account at M&l Bank
reflected a deposit (via wire) of $50,000 from the account of the David William
Hanna Trust. (Exhibit 100)
52.

On March 10, 2012, the itinerary of Governor Scott Walker reflects that

he was at Sea Island (Georgia), the location of the AEI World Form. 19

The

itinerary included a meeting with Michael Sullivan of SAC Capital Advisors, Frank
Hanna, Joe Ricketts, Barry Maclean, Harvey Golub, among others. (Exhibit 44)
Per public information, SAC Capitol Advisors is a hedge fund involved primarily in
equity market strategies, and Stephen Cohen is a founder and manager. Bruce
Kovner is the founder and chairman of Caxton Associates, an investment firm
involved with hedge funds. Barry Maclean is the owner and C.E.O. of Maclean
Fogg Company, a leading manufacturer of products for electric utilities, and
telecommunications.
53.

In a March 7, 2012 email from Kate Doner to Scott Walker and Keith

Gilkes, Doner advised Walker that she will arrive at Sea Island on Friday (March
9, 2012). The email provided Walker with a schedule, as well as advice from
Doner to Walker, such as "meetings to make happen while in Sea lsland .... Paul
Singer: Grab him."

Per public information, Paul Singer is the CEO of Elliot

Management Corporation, a hedge fund investment firm. (Exhibit 44)
54. Scott Walker sent an email to Kate Doner on, March 10, 2012 at 1:23
p.m. stating that, "Bruce and Suzie Kovner said they want to give more 20 ."
(Exhibit 45)
55.

On May 8, 2012, $2o0,000 is deposited into the Wisconsin Club for

Growth account via a wire transfer from the account of Paul Singer. (Exhibit 100)
Earlier on April 7, 2011, Kelly Rindfleish sent an e-mail to Scott Walker, providing
backgroundinformation onPaul Sin geL Singer···is ··identified as''; ; ; the founder
19
The AEI website reflects that from March 8-11, 2012 the entire Cloister Beach Club at Sea
Island Georgia would be devoted to the AEI World Forum. (Exhibit 43)
20
GAB campaign finance records report Bruce Kovner gave $100,000 to FOSW on 1/12/12.

30
Schmitz Affidavit 090

 and CEO of hedge fund Elliott Management Corporation and The Paul E. Singer
Family Foundation. Billionaire who writes large checks. Chairman of the Board
of the Manhattan Institute (free-market think tank). Singer gave money to your
election efforts thru a number of 501c4 groups."

(Exhibit 46)

A review of

deposits into the WiCFG account at M&l Bank from Paul Singer reflect four wire
tran~fers

56.

in 2011 totaling $1, 150,000 . (Exhibit 100)
On March 22, 2012, the Wisconsin Club for Growth account at M&l Bank

reflects a deposit of $50,000 from the account of Bruce Kovner, the founder and
chairman of Caxton Associates. The memo line of the check reflects the check is
for "501 c4 - Walker."

On May 17, 2012, the WiCFG account at M&l Bank

reflects a deposit of $100,000 from Maclean-Fogg Company, owned by Barry
Mclean. On April 13, 2012, the WiCFG account at M&l Bank reflects a deposit
of $1 ,000,000 from the account of Stephen (and Alexandra Cohen) via a wire
transfer. Stephen Cohen is the founder and a manager at SAC Capitol Advisors.
As noted above, Scott Walker met with a representative of SAC Capitol Advisors
_on March 10, 2012 in Georgia prior to the $1,000,000 contribution. (Exhibit 47)
57.

On March 12, 2012, the itinerary of Governor Scott Walker reflects a

FOSW luncheon at Eddie Martini's in Wauwatosa, Wisconsin for Friends of Scott
Walker at 8612 W. Watertown Plk Rd., Wauwatosa, Wisconsin. (Exhibit 48) On
March 26, 2012, the Wisconsin Club for Growth account at M&l Bank reflects a
deposit of a $5,000 check dated March 12, 2012 from the account of DeRosa
Corporation. (Exhibit 49.1) Per public information, the DeRosa Corporation is a
privately held corporation owning several restaurants, including Eddie Martini's,
Chancery Pub and Restaurant, and Jose's Blue Sombrero. On March 12, 2012,
fundraising conference calls were scheduled for Fred Sands and Richard DeVos
using "Free Conference Call" phone number (605) 475-4700 (host and
participant access code 453846).

See Exhibit 49.2

The campaign also used

another conference call line with Line 1 Communications at (866) 200-9760

(participant pin #6624148) to conduct conference calfs. (Exhibif4fL3)
58. On March 12, 2012, Scott Walker directed an e-mail to Jennifer
Bannister of Doner Fundraising, advising her that he was asking Fred Sands to

31
Schmitz Affidavit 091

 do a lunch on 3/29 or 3/30. Governor Walker asked what else was he doing "on
this trip?" In response, Bannister confirmed a lunch with Fred Sands on the "29th
or 30th. David Hanna is doing a dinner on the 29th. The New Majority is doing a
breakfast on the 30th in Orange County. We'll fill the daytime with major donor 1
on 1's." (Exhibit 50) Previously on February 24, 2012, the official "political"
calendar of Governor Walker reflected a conference call with David Hanna of
Hanna Capitol, an investment firm. (See Exhibit 42) WiCFG bank records reflect
a $50,000 contribution via a wire transfer from the David Hanna Trust on
February 27, 2012. (See 1J51)
59.

On March 19, 2012, Kate Doner sent an e-mail to Governor Scott

Walker, Keith Gilkes, and others indicating that Carl Iehan wanted to meet later in
the afternoon (on March 20, 2012) (Exhibit 51.1)

Later on March 20, 2012,

Camille Moughon sent an e-mail to Governor Walker with background for the
meeting with Carl lcahn on March 20, 2012 in New York, New York for the
purpose of fundraising.

(See Exhibit 51.2, reproduced below)

The e-mail

advised Walker that "This meeting is for WiCFG Funds." The email noted that
lcahn has a net worth of $14 billion dollars.

In the "talking points," Walker is to

request a contribution of $100,000 to Wisconsin Club for Growth and provide an
update on the recall.

32
Schmitz Affidavit 092

 ComiiiO lilotlgho<!(~erluodrolsf.-.g.oxn)

From:
Sont:
To:
Cc:

T..,.m.y.~;,d\20.20121 1 :691\M

&Wal<of\11109nal.corn
bte@ldonerflrllrolstlg.coril; 'P<ll Hogan~ 'Andrea Boom'

Sub~ol:
C.WIIcilhn • 4::10 PM Moellng Br1cfng
follow Up Flag: Fclow up

Ftag Statut:

Red

Mond>y, M>rch z.o, 2012 - New York. NY
4:3D -5:00pm EASTERN
Meeting wllh CorJ l<ahn
767 sth A'"'nuo,
sath and 59th)
Staff: Kate
Ofltmltcr:
Offlce/Asst:
BA(!<GBOUND:
• • •This meeting Is (or WICFG Funds. •+-•

Carl fcnhn Is C£0 of Jt ahn fnterprlses Investing real estate, metals, rail c.-an, and uutomotfvo
coonponlas.
Accordi118IO Forbes, In March 2012 Carl's net worth Is $14 billion, making him the Zlst richest
AmeriCDn ond the 6!st rtclwst man In the world.
•
carl has been ln1101v<ld In sto<k mnrkot trad!ng for more than 30years. In 201 1, he modo $2
billion In trpdlng profits, ranklotg him as #3 among America's top trader.;.
Cllrl has publlcally denounced Presldont Qbama fn his campaign for pn!sldency,
IC11hn wos quoted In a CNBC >rtl<le li>t year saying, •This Is not the time robe so obsessed ••lth
the dt/l<lt. Wt do h<Jve o problem, we spend tt>o mu<:lt monty bur who! Wt first nttd to do Is
got fH!Op/1 bade to work ond I""' have lo spend money ro do r/rot •
In 2004, he W>J honored by the Center for Educotfonallnnovatlon • PubUc Educotlon
Association for Ill$ wor1c with tharter schools. In 2006, he was ~onored with the 100 Women In
Hodco Funds EfltcUns Chonge Award for his outmonding r:onttlbutlons to lrnprovlns .WcaOon.
Ht hu heavily lnlll!stod In hone racing and has establ!shod a horse breed In& operation.

Carl attended Pm<tton llnlvtrslty. He Is 76 years old; he and hb wife have ~.vo chUdren•
... Cart Is ~ t op RNC Donor

Post Giving History to Wall<•r:

Carl has not oontrlbuted In the post
SUGGESTED TALI<ING POINTS:
Give an update on the l'ecall
THE ASI<: contrlbuto$ 100k tn WiCFG.

Co mille Moucllcn
In<

(Exhibit 51.2)
60.

The fundraising for WiCFG by Governor Walker was also reflected in a

March 30, 2012 communication fromthe- phone of Jennifer Bann iste~ 1in which

21

See Exhibit 53, reflecting

Bannister's cell phone.

33
Schmitz Affidavit 093

 Walker is told,

'Til find out about party limits but make sure he gives it to

WiCFG." (Exhibit 52)
61. A March 30, 2012 email from Jennifer Bannister discussed meetings in
New York City on April 3, ,2012. Bannister indicated that the meetings included
Donald Trump, John Mack (chairman of Morgan Stanley), and a tentative
meeting with Amil Henry (of Tiger Management). (Exhibit 53) The official
calendar of Governor Walker included a meeting with Donald Trump on April 3,
2012. (Exhibit 54)

WiCFG bank records reflect a $15,000 contribution from the

Donald Trump on April 3, 2012. (Exhibit 55).
62.

On April 3, 2012, the official political calendar of Governor Scott Walker

reflects a scheduled phone call to John Roberts Ill, CEO and President of J.B.
Hunt Transportation Services Inc. (Exhibit 54) On June 5, 2012, the Wisconsin
Club for Growth account at M&l Bank reflects a deposit of $10,000 corporate
contribution from the account of J.B. Hunt Transportation Services Inc. via a wire
transfer. (Exhibit 100)
63.

On April 10, 2012, Jennifer Bannister sent an e-mail to Governor Scott

Walker regarding a phone call with Ken Langone. 22 Bannister asked "How did
the phone call with Langone go this morning? (Exhibit 56) WiCFG bank records
reflect that on March 23, 2012, Kenneth Langone made a $10,000 contribution
to WiCFG. On April 10, 2012, Langone made an additional $15,000 contribution
to WiCFG. (Exhibit 57)
64.

On April 17, 2012, Jennifer Bannister provided Governor Scott Walker

with background information regarding conference calls to potential donors. The
first call was to Rex Sinquefeld. Bannister indicated that Walker was to ask for
an additional $50,000 contribution to FOSW. (Exhibit 58) Bannister advised that
"Stan Herzog, David Humphreys and Sarah Humphreys are other Missouri
billionaires who all gave $250k in January.

You would like Rex to make a

contribution closer to their level" The second call was to Larry Nichols, Chairman
22

Public information reflects that Kenneth Langone is a venture capitalist, investment banker and
financial backer of The Home Depot, and a former director of the New York Stock Exchange. On
July 8, 2010, Geeknet announced that Kenneth Langone was elected Chairman of its Board of
Directors and is now serving as CEO.

34
Schmitz Affidavit 094

 of Devon Energy. Bannister told Walker that, ' On your call with Larry in January,
you asked him for $250k corporate to WiCFG." Bannister advised Walker to ask
Nichols to contribute "$250k "in support of your reca/f' . .. " (emphasis in original).
WiCFG bank records reflect a $50,000 contribution from Devon Energy
Production Co. on May 3, 2012. (Exhibit 59)
65.

On April 20, 2012, Camile Moughon sent an e-mail to Jennifer

Bann ister, Pat Hogan, 23 Scott Walker, Andrea Boom and Kate Doner, providing a
briefing for a meeting on that day facilitated by Eric O'Keefe with the Colburn
Brothers (Keith, Richard and David). Per public information, Keith and Richard
Colburn are directors of Blackfriars, a private equity investment firm investing in
traditiona l industries. Governor Walker was to attend the meeting with Jennifer
Banister (of Doner Fundraising) for the solicitation of $100,000 "in support of the
recall." Included in the talking points was an "update on the recall." The recipient
of the funds was not identified in the e-mail. (Exhibit 60)
66.

On April 27, 2012, the Wisconsin Club for Growth account at M&l Bank

reflects a deposit of $25,000 from the account of K. Colburn (Northbrook, Illinois),
believed to be Keith Colburn based upon the April 20, 2012 e-mail. Additionally,
on May 7, 2012, the Wisconsin Club for Growth account at M&l Bank reflects a
deposit via wire transfer of $50,000 from the account of Richard Colburn .
(Exhibit 61)
67.

Based upon a review of WiCFG bank records for April and May, 2012,

$2,500,000 of the money raised

by WiCFG was given to Wisconsin

Manufacturers and Commerce, a lobbying group. On April 24, 2012, Deborah
Jordahl, a signatory to the W iCFG account at M&l Bank, wrote check no. 1450 in
the amount of $1,000,000 to "WMC", believed to be Wisconsin Manufacturers
and Commerce. The check reflects that it is negotiated at M&l Bank, with the
notation on the back of the check, "For Deposit Only."

In May, 2012, Deborah

Jordahl, issued three checks believed to be payable to Wisconsin Manufacturers
··----······--

··--····--··-·--

. -·---------

-· -----···

-- ····--··

-····---·--*·•

and Commerce totaling $1,500,000- on May 4, 2012, WiCFG issued check no.
1564 in the amount of $1,000,000 payable to "Wisconsin Manufacturers and
23

Pat Hogan used the e-mail address

pat@scottwalker.org.

35
Schmitz Affidavit 095

 Commerce"; on May 15, 2012, WiCFG issues check no. 1565 in the amount of
$300,000 payable to "WMC"; and on May 24, 2012, WiCFG issues check no.
1568 in the amount of $200,000 payable to "W.M.C." (Exhibit 62)
68.

Wisconsin Manufacturers and Commerce (hereafter WMC) maintains a

website on the internet at www.wmc.org. The website describes WMC as "the
state's

chamber

of

commerce

and

largest

business

trade

association

representing more than 3,500 employers of every size and from every sector of
the economy."

The website also reflects that WMC is involved in issue

advocacy, maintaining a webpage with "Recent WMC IMC Business Issue
Advocacy."

The webpage explains, "WMC Issue Mobilization Council lnc. 24

drives the business agenda at election time and during the legislative session to
help the public understand the issues affecting business."

WMC I IMC is

identified as a 501 (c)(4) organization in the website. (Exhibit 63) Included at the
website are links to WMC advertisements in 2012, characterized as "business
issue advocacy." The links are to radio and television ads.

Included in the

WMC/IMC advertisements are sponsored ads promoting Wisconsin Governor
Scott Walker; a ad critical of the "Economic Policies" of Tom Barrett; an ad
supporting the budget of Scott Walker, as well as links to radio ads preserved on
audio files. 25 (Exhibit 64) It should be noted that James Buchen, Senior Vice
President for Government Relations with WMC was a participant in the April 6,
2011 coordination conference call, as well as the December 22, 2011 conference
call with Governor Scott Walker related to the recall. (See

~46)

Accordingly, it is reasonable to believe that the $2,500,000 provided by
WiCFG to WMC funded the issue advocacy of WMC!IMC, that in turn sponsored
advertisements during the 2012 recall campaign relating to Governor Scott
Walker.
69. R.J. Johnson was involved in the recall campaign not only in conjunction
with the activities of WiCFG, but as a paid advisor to the FOSW. He provided
guidance and approval for ads; he was also involved in FOSW campaign

24

25

Hereafter referenced as "WMC/IMC."
Transcripts of five of the television ads are attached as Exhibit 65.

36
Schmitz Affidavit 096

 strategy. For example, the involvement of R.J. Johnson in the recall campaign
conducted by Governor Scott Walker and FOSW, was exemplified by a e-mail
sent on January 6, 2012 from Nonbox (a media production company) to R.J.
Johnson, Deborah Jordahl and Keith Gilkes, with a copy to Bill Eisner of Nonbox.
The e-mail had a preliminary ad as an attachment from Nonbox for review.
(Exhibit 66) The involvement of R.J. Johnson was also evidenced by a February
29, 2012 e-mail between R.J. Johnson, Scott Walker, Keith Gilkes and Bill
Eisner.

Governor Walker sent an e-mail on February 29, 2012 at 12:02 p.m.,

containing a script. R.J. Johnson advised Governor Walker that they could talk
about it at "Pro-video/! and "we'll make it all work." (Exhibit 67).
70.

On April 1, 2012, Kate Doner sent an e-mail to Alexandra Preate of

Capital HQ. According to the website of Capitol HQ, Alexandra Preate26 is the
founder and principal of Capital HQ, an "independent business and public
consultant." Doner stated, "Alexandra-Let me know about your support in
Wisconsin with your c4.

I believe we discussed between $250k-$1 OOk.

It is

really heating up with Tom Barrett (Milwaukee Mayor) getting in the race against
Walker. The polls show a tight race. We really use your support. I would like for
you to visit with R.J. Johnson who is handling the ground game." (Exhibit 69).
According to an article from the Center for Public Integrity dated October 12,
· 2011, Preate is on the board of directors of the "League of American Voters."

27

A reasonable interpretation of the e-mail was Doner was facilit?ting a meeting to
coordinate involvement of the "501 (c)(4) involving Preate with R.J. Johnson.
71. On April 22, 2012, Ciara Matthews of the FOSW campaign staff sent an
e-mail with the conference call agenda for April 23, 2012 related to the recall
campaign of Governor Scott Walker.

On April 23, 2012, apparently after the

meeting, R.J. Johnson sent Keith Gilkes an e-mail with the subject, "FW: Comms
call agenda - 4/23/2012" stating, "It would be helpful for me if Deb was on these
calls.

Possible?"

This related to the inclusion of Deborah Jordahl,. who also

26

See Exhibit 68 from the website of Capital HQ.
The website for League of American Voters indicates that it is a non-partisan 501 (c)(4)
organization.

27

37
Schmitz Affidavit 097

 worked with WiCFG, in the campaign conference calls. 28 (Exhibit 70) Gilkes
agreed and said she (Jordahl) would be added to the weekly agenda. (Exhibit
71)
72. On April 23, 2012, R.J. Johnson sent an e-mail to Keith Gilkes with a
spreadsheet that Johnson described as his working document, "Walker Media
Recall.xlsx" contained a listing of media markets and potential media buys on
cable in those markets. (Exhibit 72.1)
73. On April 30, 2012, Deborah Jordahl sent an e-mail to R.J. Johnson
regarding WiCFG. Jordahl said "Joe called earlier, wanted to catch you up on
that and discuss the rest of our plan. We need to start moving forward with radio
plans with whatever budget we have left.'' (Exhibit 72.2)
74. On April 30, 2012, R.J. Johnson forwards an e-mail to Keith Gilkes, Deb
Jordahl, Brian Tringali, B.J. Martino and Dan Blum with a video attachment of a
political piece from FOSW entitled, "Forward Backward_ REV_4.mov. The video
was directed to R.J. Johnson from Mike Roz with a copy to Bill Eisner at Nonbox,
a communication company working with the FOSW campaign. The e-mail string
concludes with R.J. Johnson stating that the revised ad should be final unless
someone "has an issue."

(Exhibit 73.1) A review of e-mail reflects that R.J.

Johnson with Nonbox was involved in the media buys on behalf of Wisconsin
Club for Growth and Friends of Scott Walker. Wisconsin Club for Growth alone
spent $550,905.61 from January 1, 2012 to June 30, 2012.

(Exhibit 73.2)

Michael Huebsch was also actively involved in vetting ads, providing feedback to
R.J. Johnson, Keith Gilkes, Stephan Thompson.

See Exhibit 73.3; 73.4 and

73.5.
75. Throughout 2011 and 2012, the Wisconsin Club for Growth continued to
solicit support for Governor Scott Walker through it's website, www.wicfg.com
and e-mail sent by the 501(c)(4) organization. (See Exhibit 74.1) 29 This included
It should be noted the conference call dial in number was 218-632-0550 which is serviced by
Free Conference Call.
29
As examples, the email from WiCFG includes a February 23, 2011 notice of an exclusive
Walker ad; a November 16, 2011 e-mail advocating avoiding signing a recall petition against
Governor Walker; a January 18, 2012 e-mail that included an article supporting Governor Walker
written by Michael Grebe, identified as the chairman of FOSW; and an article on March 7, 2012

38
Schmitz Affidavit 098

 spending by the Club for Growth on billboards that thanked Governor Walker for
reforms. 30

According to Republican media sources, WiCFG carried the "pro

Walker message" with Americans for Prosperity from mid January 2012 to the
beginning of March 2012 when Governor Walker was not "on the air." 31
76. I am advised that social welfare organizations organized under Title 2
U.S. C. 501 (c)(4), can involve themselves in limited political activity, provided that
"supporting or opposing candidates, does not become the organization's primary
11

purpose. A corporation can lawfully contribute to a 501 (c)(4r' organization so
long· as expenditures are not coordinated or made with the cooperation,
consultation or at the request of a candidate or political party.

As established

above, Governor Walker solicited donations to WiCFG in opposition to his recall,
providing donors with a means to support Governor Walker though anonymous
contributions and corporate contributions to WiCFG without any contribution
limits.

The solicitation of contributions by Scott Walker to a "501 (c)4"

organization to

circumvent the

reporting

and

contributions provisions of

Wisconsin Stats. sees. 11.1 0(4), 11.06(1 ), and 11.27(1) constituted a violation of
Wisconsin Stats. Sec. 11.26, 11.27 and 11.61 (1)(b). The coordination of political
campaign activities of WiCFG with FOSW by operation of Wisconsin Stats. sec.
11.1 0(4), would impute all WiCFG contributions to FOSW.
77.

Citizens for a Strong America (CFSA) was the recipient of at least 1.52

million dollars in 2012 from WiCFG. (Exhibit 74.2); Jordahl and R.J. Johnson
were involved with the activities of CFSA that functioned as a conduit for funded
activities of other organizations in support of Governor Walker against the recall.
WiCFG also made contributions to American Federation for Children and Alliance
for Self Governance. (Exhibits 74.3 and 74.4)
78.

In addition to the coordination of campaign activities by R. J. Johnson

with FOSW and WiCFG,

Doner Fundraising and Kate Doner coordinated the

fundraising activities of Governor Scott Walker for FOSW and WiCFG.

Kate

supporting Walker and warning of the consequences of replacing him with a Democrat who is a
"Doyle clone."
30
See Exhibit 75, from the website of the Republican Party of Wisconsin.
31
See Exhibit 76, posted by Chris Palko, described as an assistant media analyst for a
· Republican political media buying agency.

39
Schmitz Affidavit 099

 Doner and Doner Fundraising was involved in both the FOSW campaign as well
as the activities of WiCFG. For instance, on November 29, 201 1 with respect to
WiCFG, Jennifer Bannister32 of Doner Fundraising sent an e-mail to Governor
Scott Walker and Keith Gilkes regarding a meeting with Joe Craft, president and
CEO of Alliance Holdings G.P. The company is described in the e-mail as a
"limited partnership engaged in the production and marketing of coal to major
U.S. utilities and industrial users."

Governor Walker was to ask Craft to

"give/raise $250K and pu ll the coal industry together to help with your recall."
(Exhibit 77) Subsequently, WiCFG was the recipient of a $20,000 contribution
from Murray Energy Corporation; per public information it is described as the
·largest privately owned coal company in America, headquartered in Pepper Pike,
Ohio. (Exhibit 78)

Joseph Craft personally contributed $25 ,000 to FOSW in

December, 201 1.
79.

Doner Fundraisirig was also involved in fundraising for FOSW.

On

December 19, 2011, Kate Doner sent an e-mail to Fred Malek, with a copy to
Governor Walker, regarding a fundraising dinner.

Among the invitees were

several individuals who subsequently made significant contributions to FOSW. 33
Another example is on Tuesday, January 10, 2012, Kate Doner (using theemail account kate@donerfundraising.com) contacted Governor Scott Walker
with a copy to Scott Matejov about the need to send an e-mail to Jim Francis, as
he vilas helpful in securing another $100,000 from Trevor Rees Jones for
Friends of Scott Walker.
summer."

Doner noted that Rees-Jones gave $250,000 "this

(Exhibit 81). Trevor-Rees Jones was one of the subjects of the

November 14, 2011 e-mail concerning donors sent by Gilkes to Walker. (See
1143) Per GAB on line records, Trevor Rees-Jones did contribute $100,000 on
January 14, 2012 to FOSW.
80.

As indicated in the earlier April 6, 2011, and September 7, 2011 e-mail,

there was a discussion of coordinating the campaign efforts of FOSW with other
•

•

. .. .-

. . . .. ., _ . , ,. . .

~. . . . .. . ._ , ,

"

- · ·~-- .. ······ ···~

. ., . . . . . .¥ .

····--·

....... -

. ,. ., _

. ,. ._

,

, _, , , . ,, ,, , _. .. .. .. . . .- . . . .. . .

... , _

•

·-

........

• ••

-

.,., , , , _

. . ., ,. ._

• ., . ._

.., ,, , , _ ,, , ., .

32

Jennifer Bannister of Doner Fundralsing used phone number - -(See Exhibit 77)
Per GAB records, for example, David Humphreys contributed ~nuary 14, 2012
and $10,000 on 4/17/2012 to FOSW; John Bryan contributed $25,000 on 1/17/2012 to FOSW.
See e-mail of 12/19/11, Exhibit 79. Jennifer Bannister of Doner Fund raising was also on a call
with Governor Walker to John Bryan on December 27, 2011. Exhibit 80.
33

40
Schmitz Affidavit 100

 entities such as W iCFG, RGA, and the Republican Party of Wisconsin. (See
Exhibit 19 and Exhibit 30 respectively)
81. The Republican Party National Committee was involved in developing
get _
out the vote (GOTV) and voter contact lists with the FOSW campaign. On
November 24, 2011, January 28, 2012, and April 19, 2012, voter lists were sent
to the FOSW

campaign.

The recipients included Daniel Blum (using
Stephan Thompson, Keith Gilkes, Tom Dickens;

and Peter Valca rce. (Exhibits

82, 83, and 84)

Dan Blum was the Deputy

Campaign Man ager for FOSW. (Exhibit 85)
82. The Repu blican Party of Wisconsin was also involved in voter contact
related to the gubernatorial race with FOSW. Thomas Dickens reported the
efforts to campaign staff of FOSW and state Republican party officials on April
21, 2012. (Exhibit 86)
83. On April 13, 2012, Phil Musser of New Frontier Strategy (and past
director of the Republican Governor's Association) sent an e-mail to Keith Gilkes
and Russ Oster. 34 Muser stated that they met with the Republican Governor's
Association (RGA) and American's For Properity (AFP) about the "product,"
receiving favorable initial responses. 35 Muser discusses the deployment of the
fundraising units.

Muser asks if he should contact Gilkes, another point of

contact or someone with the "Party." (Exhibit 87)
84. On April 16, 2012, Blaise Hazelwood of Grassroots Targeting36 sent an
e-mail to Keith Gilkes with voter targeting information. Gilkes directed
Hazelwood to send the Walker campaign two sets of the data. (Exhibit 88) An
invoice for $135,000 was also sent to FOSW for the data. (Exhibit 89) On April
17, 2012 Gilkes exchanged e-mail with Stephan Thompson37 of the Republican

34
Russ Oster identifed himself as the CEO of Grassroots Unwired, a provider of a GPS mobile
application fo r voter canvassing.
· -- _}S.Wit~· respecHo contact with the--RGAand AFP, Muserremarks.in-lhee-mail, "I know you i:lav.e ....._
no contact with them but just FYI." At that time, Josh Robinson was the political director at the
RGA Matt Seaholm was the director of AFP. Matt Seaholm used e-mail addresses of
. _ _ _and
'!!!"'(3r~'Wa~tsTargeilng"is a business providing voter targeting i
37
A review of e-mail reflects Thompson used email addresses
and

41
Schmitz Affidavit 101

 Party of Wisconsin regarding who would pay the $135,000 invoice. (Exhibit 90)
Gilkes advises Hazelwood that he will let her know where the check is coming
from. (Exhibit 91) On April 25, 2012, Keith Gilkes asks Hazelwood to re-run the
· above $135,000 invoice, billing it to the Republican Party of Wisconsin (RPW},
directing

it

to

Stephan

Thompson

and

providing

his

e-mail,

sthompson@wisgop.org. Gilkes stated, "They will be taking care of this invoice."
(Exhibit 92) A review of FOSW campaign finance filings with the Wisconsin
Government Accountability Board does not reflect any in-kind contribution for
the payment of the data received by FOSW for which Grassroots Targeting was
paid $135,000 by the RPW.
85. On April 26, 2012, Stephan Thompson, Keith Gilkes and Peter
Valcarce38 discuss the payment of absentee "pieces". Stephan Thompson was
with the Republican Party of Wisconsin (RPW) and Keith Gilkes with FOSW.
Thompson indicates that RPW would pay for 3 of the invoices for postage with
Gilkes indicating he would pick up th e invoice for the "4th." (Exhibit 93) Copies
of the proposed absentee pieces are attached as Exhibit 94.
86.

According to the Wisconsin Government Accountability Board website,

Scott Matejov is listed as one of the "key professional staff" in the Office of the
Governor, as a "special assistant" to Governor Walker.

On May 4, 2011 at

11:20 a.m ., Scott Matejov sent an e-mail using the
addressed to Kelly Rindfleisch for the scheduling of a fundraising call to Karl
Rove in which Wa lker was to request a $1,000,000 contribution. (Exhibit 21)
87. On Wednesday, June 8, 2011 at 2:49 p.m., Kelly Rindfleisch39 sent an
e-mail to Governor Scott Walker at swalkerwi@gmail.com and Scott Matejov at
Rindfleisch advised Walker of a phone call on June 8, 2011
at 5:00 p.m. with Governor Haslam. Walker was to advise Governor Haslam·
that he would be in Tennessee on June 29 to raise money for the recall. Walker
----- ·--.?LThrol.lgtt.ptlblic Information, Peter Valcarce identified--himself--as. the ownerotArena --··- -- ...... _ -- ··--·
Communications. The website of Arena Communications identifies itself as in the "political direct
mail business."
39
On Apri1 30, 2012, Kelly Rindfleisch sent an e-mail to Andrea Boom related to a fundraiser for
Scott Walker in Green Bay and Milwaukee involving the appearance of New Jersey Governor
.. ,
. - -u • • t t ress of
.
other email, Kelly Rind! ~ I ... I
nd Andrea Boom used
-

42
Schmitz Affidavit 102

 was ·requesting that Governor Haslam headline the event and be a special
guest. Walker also was to ask Govenor Haslam if his father, the owner of Pilot
Oil Company, would give corporate money (noted as "corp $$" in the e-mail.)
(Exhibit 96)
88. On November 15, 2011, at 11 :54a.m., Tom Evenson sent Governor
Walker an e-mail (using

with information from the

Republ ican Party of Wisconsin that announced the start of a website, "Stand
wit h Walker," paid for by the Republican Party of Wisconsin. The Website per
the e-mail was the "official fundraising website" for Governor Walker's fight
against the recall. At that time, Tom Evenson was the Deputy Communications
Director for the Governor. (Exhibit 97)

89. On Thursday, April 26, 2012 at 1:52 p.m., Scott Matejov sent an e-mail
to Patrick Hogan with a copy to the private e-mail of Scott Walker regarding a
call to Harold Simmons. 40

(Exhibit 98) Per public information, Simmons is a

billionaire and owner of the Contran Corporation, and a frequent donor to
'

Republican politicians and causes, providing substantial financial contributions.
90. Because Scott Matejov is a state public official, 41 the involvement of
Matejov in coordinating calls by the Governor for the purpose of obtaining
political contributions , and e-mail reflecting that activity may constitute evidence
of violations of Wisconsin Stats sec. 11.36(2) and (4).
91. Nick Ayers utilized an e-mail account with the domain, "RGA.ORG." Per
"WHO IS," a reliable internet source providing information about domains on the
internet, the domain "RGA.ORG" is hosted is hosted by SMARTech Corp, an
internet service company providing e-niail service, listing a contact address of

40

See ~43 and Exhibit 32; Harold Simmons made a personal contribution of $150,000 to WiCFG
on 1/4/12 and a corporate contribution was made from Contran Corporation on December 15,
2011 to WiCFG.
41
Wisconsin Statute §19.42( 14) defines a "State Public Official" as any individual holding a state
... ......... . _____ ______ ..._publi.c.o.ffice~ ..~~S.tate.Pu.blic.QffiQe~~ls d..e.fine.d. hre l~_\tgfltP.§rtiJD.g_E;)L\IYi~gQJ:!§in.§.taty.\~ __ _ _ ..... ---- ···--- · .. ........ -···- ___ __
§19.42(13)(a) as "(a)ll positions to which individuals are regularly appointed by the governor .. "
then detailing particular exceptions to the definition relating to particular boards and districts.
Included within those individuals holding a "state public office" under §19.42(13)(c) are all
positions identified under §20.923(10) with the exception of clerical positions. Wisconsin Slats.
§20. 923(1 0) encompasses positions that are the "key professional staff of the office of the
Governor."

43
Schmitz Affidavit 103

 801 Broad Street, Suite 200, Chattanooga, Tn. 37401 with a telephone of 866
664-7684 and fax of423-664-7680 ..
92. Kate Doner, Camille Moughton, and Jennifer Bannister all utilized e-mail
accounts with the domain, "DONERFUNDRAISING.COM." Per "W HO IS," a
reliable internet source providing information about domains on the internet, the
domain "DONERFUNDRAISING.COM" is hosted by Aiden.net, an internet
service company providing e-mail service, listing a contact address of P.O. Box.
684652, Austin Tx. 78768-4652 with a telephone of 512-326-9669 and fax of
512-263-0269 . Kate Doner is listed as the administrative contact for Doner

Fundraising located at 815 Brazos, Suite 701, Austin, TX. 78701.
and

93. Eric O'Keefe utilized two e-mail accounts,

Per "WHO IS," a reliable internet source providing information
about domains on the internet, the domain "EOKEEFE.COM" is hosted by
DomainsbyProxy.con:, an internet service company providing e-mail service,
listing a contact address of 14747 N. Northsight Blvd., Suite 111, PMB 309,
Scottsdale, AZ 85260 with a telephone of 480-624-2599 and fax of 480-6242598.
94. Per "WHO IS," a reliable internet source providing information about
domains on the internet, the domain "MHTC.NET" is hosted by MH Telecom Inc,
an internet service company providing e-mail service, listing a contact address
of 200 East Main St., Mount Horeb, WI. 53472 with a telephone of 608-4375551 and fax of 608-437-8898.
nd a

95. Kelly Rindfleisch used the e-mail accoun
Google Gmail account. 42

Per WHO IS," a reliable internet source providing

information about domains on the internet, the domain "MSANETWORK.NET" is
hosted by Media Systems Affiliates, LLC an internet service company providing
e-mail service, listing a contact address of 1300 S. Calhoun Rd., Brookfield,
Wisconsin
53005 with
a telephone of
41 4-459-3822
.
..... _ '..
.. ... - ....
__
__ ... ___.... ..-........
..
... ..... ....
~-

·~'""""

, _,,.,,

,,,,

_ ,,,

,

'

,._

,,,_ , ,, ,,,_,,

····- . ....

......

96. Reince Priebus, Republican Party chairman utilized the e-ma il account
42

See Exhibit 95, an e-mail dated April30, 2012 from Kelly Rindfleisch to Andrea Boom
discussing Milwaukee and Green Bay attendees to a FOSW fund raiser atlended by Governor
Christie of New Jersey.

44
Schmitz Affidavit 104

l
I

 of Reince.GOP@rnchg.org. Per "WHO IS," a reliable internet source providing
information about domains on the internet, the domain "RNCHQ. ORG is hosted
by SMARTech Corp, an internet service company providing e-mail service,
listing a contact address of 801 Broad Street, Suite 200, Chattanooga, Tn.
37401 with a telephone of 866 664-7684 and fax of 423-664-7680.
97.

HNonbox'' is a firm that provided services to FOSW and WiCFG, with a

local office at 5703 S. 92nd St., Hales Corners, Wisconsin, in which Bill Eisner
maintains

an

office

according

to the

website

of "Nonbox."

E-mail,

correspondence, invoices, media buy records, and other documentation related
to the 2011 Wisconsin gubernatorial recall may provide evidence with respect to
illegal campaign coordination as a consequence of money raised by Governor
Scott Walker on behalf of WiCFG, FOSW, and other entities funded by those
groups.
98.

Based upon previously subpoenaed records as well as information from

Neustar43 for the telephone numbers

identified

in 1J7(a) to 'fl7(h), the

telecommunication service providers identified in those paragraphs provide
service to the respective phone numbers identified in those paragraphs.
99. Based upon the return of bank records from prior subpoenas issued to
M and I Bank (now BMO Harris Bank), checks issued by WiCFG to "WMC'' and
"Wisconsin Manufacturers and

Commerce~~

were deposited at M & I Bank.

Accordingly, records of deposits and debit items for the timeframe of January 1,
2011 to July 31, 2012 (including checks, wire transfers, etc) for the account of
WMC or WMC I IMC will provide evidence related to the deposit and use of
funds raised by Governor Scott Walker for WiCFG and subsequently transferred
to WMC for political purposes. BMO Harris Bank has an office at 770 N. Water
St., Milwaukee, Wisconsin. A request is for records for the following accounts at
BMO Harris Bank:
a. Wisconsin Manufacturers and Commerce or WMC;
·······•·••····················•·•··············•·······················•··•············•···•·························•······•·······•············•··•

b. Wisconsin Manufacturers and Commerce I Issues Mobilization
43

"Neustar" is a reliable service that identifies the telecommunication service provider for
telephone numbers and is utilized by law enforcement; the service also identifies whether a
phone number has been "ported"- transferred to another telecommunication service provider.

45
Schmitz Affidavit 105

 Council inc.;
100.

Based upon the review of e-mail, R.J. Johnson is involved with

the approval of expenditures for the
Citizens for a Strong America.

D.

Wisconsin Club for Growth as well as

44

CONCLUSION
101.

Based upon the information contained herein, I respectfully

request that search warrants and subpoenas for documents issue authorizing
the production of the phone records, e-mail communications and other
documents identified in 1}7 above, as I believe probable cause exists that said
documents and records may provide evidence related to the offenses described
in

~7

above.
Dated at Milwaukee, Wisconsin on this

lQ_ day of December,

2012.

/
Robert Stelter
Investigator,
Milwaukee County District Attorney's Office

44

See Exhibit 2, in which R.J. Johnson· discussed the need to raise funds for a campaign ad,
which he describes as "up now under "Citizens for a Strong America" (CFSA).

46
Schmitz Affidavit 106

 STATE OF WISCONSIN

COLUMBIA COUNTY

CIRCUIT COURT

liN THE MATTER OF A JOHN DOE PROCEEDING

Case No. 13 JD _jj_

AFFIDAVIT IN SUPPORT OF PETITION FOR
COMMENCEMENT OF A JOHN DOE PROCEEDING
r

STATE OF W ISCONSIN

~ Lt:LJ

JUL 2 2 2013

ss.

COLUMBIA COUNTY

CIRCUIT COURT
COLUMBIA COUNTY

Jane E. Kohlwey, being first duly sworn on oath, deposes and says that:
1. I am the District Attorney in and for Columbia County.
2. I make this Affidavit in support of a request for commencement of a John Doe
investigation concerning alleged Campaign Finance violations committed by Kelly M.
Rindfleisch, DOB -

who resides at

City of Columbus,

Columbia County, Wisconsin. By operation of law at Wisconsin Statutes §§11 .61 (2).
971.19(12) and 978.05(1 ), the prosecutors and the courts of the defendant's county of
residence have the responsibility to handle violations of Chapter 11 of the Wisconsin
Statutes.
3. I incorporate by reference the document accompanying my Affidavit, entitled
"Affidavit in Support of a Petition for Commencement of a John Doe Proceeding" dated
August 10, 2012 and filed in Milwaukee County Case No. 12JD000023.
4. I also incorporate by reference the document accompanying my Affidavit, entitled
"Affidavit in Support of Search Warrants and Subpoenas" dated December 10, 201 2 and
filed in Milwaukee County Case No. 12JD000023.
5. As set forth more fully in the attached Affidavit in Milwaukee County Case No.
12JD000023,

Ms. Rindfleisch is believed to have coordinated political campa ign

advertising between the Friends of Scott Walker, a campaign committee, and a 501 (c)(4)
organization known as Club for Growth - Wisconsin .
6. For these reasons. I respectfully submit there is reason to suspect that a criminal
··---- --- -

-- · ·-vi·elatien-of-tl:le . Wi.sGonsin..Statutes has occurred.and there.-is-likewise reasonto-suspe.ct.- ....-.. .- ..that such violations have taken place involving a person who is a resident of Columbia
County, making her subject to the jurisdiction of the Columbia County Courts and the
Columbia County District Attorney's Office. See Wis. Stats. §§ 11 .61 (2), 971 .1 9(12) and
978.05(1).

Schmitz Affidavit 107

 Dated at Portage, Wisconsin this 22nd day of July 2013.

Subscribed and sworn to before me
at Portage, Wisconsin on
this 22nd day of July 2013.

Rut

E. Kaczmar k
Notary P1,Jblic, Columbia County
St8te of \Nisconsin
My commission expires .i1C2_aft;___ /d.c.?I}

2
Schmitz Affidavit 108

 STATE OF WISCONSIN

CIRCUIT COURT

IN THE MATTER OF A JOHN DOE PROCEEDING

DANE COUNTY

Case No. 13JDOooo_1

AFFIDAVIT IN SUPPORT OF PETITION F...,:O~R~=----;:;---a;--r-=::l
coMMENCEMENT oF A JOHN DOE PRoq~ IN{f
~~

IL

STATE OF WISCONS IN

ss.

IE

AUG 2 1 2{)13

~

DANE COUNTY
STATEOFWISCONSIN

CIRCUIT COURT FOR DANECOUN1Y

lsmael R. Ozanne, being first du ly sworn on oath, deposes and says that:
1. I am the District Attorney in and for Dane County.
2. I make this A ffidavit in support of a request for commencement of a John Doe
investigation concerning alleged Campaign Finance violations committed by Keith A
Gilkes ,

who resides

City of Madison, Dane

County, W isconsin. By operation of law at Wisconsin Statutes §§11.61 (2), 971.19(12)
and 978 .05(1), the prosecutors and the courts of the defendant's county of residence
have the re sponsibility to handle violations of Chapter 11 of the Wisconsin Statutes.

3. I incorporate by refere nce the document accom panying my Affidavit, entitled
"Affidavit in Support of a Petition for Commencement of a John Doe Proceeding" dated
August 10, 2012 and filed in Milwaukee County Case No. 12JD000023.
4 . I also incorporate by reference the document accompanying my Afiidavit , entitled
"Affidavit in Support of Search Warrants and Subpoenas" dated December 10, 2012
and filed in Milwaukee County Case No. 12JD000023.
5. As set forth more fully in the attached Affidavit in Milwaukee County Case No.
12JD000023, Mr. Gilkes is believed to have coordinated political campaign advertising
between the Friends of Scott Walker, a campaign committee, and a 501(c)(4)
organization known as Club for Growth -Wiscons in.
6. For these reasons, I respectfully submit there is reason to suspect that a criminal
violation of the Wisconsin Statutes has occurred and there is likewise reason to suspect
·······-···· -

-- -

t n arstich vioratiOns

fiave· takenpTaceTiWorvin~:fi!f i:i"erson ·wnois··a ·r-esioenrot Dahe ·······-····~-

· ···· --- - ·····-······ -··

County, making him/her subject to the jurisdiction of the Dane County Courts and the
Dane County District Attorney's Office. See W is. Stats . §§11.61 (2), 971.19(12) and
978 .05(1 ).

Schmitz Affidavit 109

 Dated at Madison, Wisconsin this2_~of August 2013.

~/(4=---~
Dane County District Attorney
State Bar. No. 1031954
Subscribed and sworn to before me
at Madison, Vvisconsin on
this '2 c,'day of August 2013.

~~7_~-Notary Public
State of Wisconsin
My commission is permanent.

2
Schmitz Affidavit 110

 DODGE COUNTY

CIRCUIT COURT

STATE OF WISCONSIN

liN T HE MATTER OF A JOHN DOE PROCEEDING

Case No.

13JDOOOO~

AFFIDAVIT IN SUPPORT OF PETITION FOR
COMMENCEMENT OF A JOHN DOE PROCEEDING
STATE OF W ISCONSIN

IN IHE FtJ..Eo

)
) ss.

C!Acu,.,.
COURr

JUL 26

DODGE COUNTY )

Z0/3
Dodger-~ ..

Kurt F. Klomberg, being first duly sworn on oath, deposes and says that:

l.yi'Jn ~~ty Wt

c~er~rorc;~

1. I am the District Attorney in and for Dodge County.

2. I make this Affidavit in support of a request for commencement of a John Doe
investigation concerning alleged Campaign Finance violations committed by R.J.
who resides at

Johnson

Randolph,

Dodge County, Wisconsin. By operation of law at Wisconsin Statutes §§1 1.61(2),
971.19(12) and 978.05(1 ), the prosecutors and the courts of the defendant's county of
residence have the responsibility to handle violations of Chapter 11 of the Wisconsin
Statutes.
3. I incorporate by reference the document accompanying my Affidavit, entitled
"Affidavit in Support of a Petition for Commencement of a John Doe Proceeding" dated
August 10, 2012 and filed in Milwaukee County Case No. 12J 0000023.
4. I also incorporate by reference the document accompanying my Affidavit, entitled
"Affidavit in Support of Search Warrants and Subpoenas" dated December 10, 2012
and filed in Milwaukee County Case No. 12JD000023.
5. As set forth more fully in the attached Affidavit in Milwaukee County Case No.
12JD000023, Mr. Johnson is believed to have coordinated political campaign
advertising between the Friends of Scott Walker, a campaign committee, and a
501(c)(4) organization known as Club for Growth - W isconsin.
6 . For these reasons, I respectfully submit there is reason to suspect that a criminal
. violation

of the Wisconsin S tatutes-has occurred--and there-is likewisa .reason.tosuspecl._ ..

that such violations have taken place involving a person who is a resident of Dodge
County, making him subject to the jurisdiction of the Dodge County Courts and the
Dodge County District Attorney's Office. See Wis. Stats. §§ 11.61 (2), 971.19(12) and
978.05(1).

. EXHJ.ert 9 .
2013AP002S04-W ~·
2013AP002508-W

Schmitz Affidavit 111

 Dated at Juneau, Wisconsin this

1 (..

day of July 2013.

..~

~)~-~
rtF. ~berg
District Attorney
State Bar. No. 1042159

2
Schmitz Affidavit 112

 STATE OF WISCONSIN

CIRCUIT COURT

IOWA COU NTY

~~=-~~~~~~------------------------------------

liN T HE MATTER OF A JOHN DOE PROCEEDING

Case No. 13JDOOOOl_

AFFIDAVIT IN SUPPORT OF PETITION FOR
COMMENCEMENT OF A JOHN DOE PROCEEDING
Circuit Court, Iowa County, WI
FILED

STATE OF WISCONSI N
ss.
IOWA COUNTY

JUL 2 5 2013

Larry E. Nelson, being first duly sworn on oath, deposes and says that:

LIA N. GUS1", ClERK

1. I am the District Attorney in and for Iowa County.
2. I make this Affidavit in support of a request for commencement of a John Doe
investigation concerning alleged Campaign Finance violations committed by Eric S.
O'Keefe (DOS -

· who resides at

Spring Green, Iowa

County, W isconsin. By operation of law at Wisconsin Statutes §§11.61(2)., 971.19(12)
and 978.05(1 ). the prosecutors and the courts of the defendant's county of residence
have the responsibility to handle violations of Chapter 11 of the Wisconsin Statutes.

3. I incorporate by reference the document accompanying my Affidavit, entitled
"Affidavit in Support of a Petition for Commencement of a John Doe Proceeding" dated
August 10, 2012 and filed in Milwaukee County Case No. 12JD000023.
4. I also incorporate by reference the document accompanying my Affidavit, entitled
"Affidavit in Support of Search Warrants and Subpoenas" dated December 10, 2012
and filed in Milwaukee County Case No. 12JD000023.
5. As set forth more fully in the attached Affidavit in Milwaukee County Case No.

l
l

1

I
i

12JD000023, Mr. O'Keefe is believed to have coordinated political campaign
advertising between the Friends of S cott Walker, a campaign committee, and a
501(c)(4) organization known as Club for Growth - Wisconsin.
6. For these reasons, I respectfully submit there is reason to suspect that a criminal
violation of the Wisconsin Statutes has occurred and there is likewise reason to suspect
that such violations have taken place involving a person who is a resid®t_gUowa _ _

------

-

- -

County, making-h im-sUl5ject to the jurisdiction of the Iowa County Courts and the Iowa
County Dis trict Attorney's Office . See Wis. Stats. §§ 11.61 (2), 971.19(12) and
978.05(1).

2013AF?002504~W­

; 2Q1 3AP002508-VV

Schmitz Affidavit 11 3

II
I

  

Dated at Dodgevme, Wisconsin thisvbay of duty, 2013.

of
arfy/E/N on

District At my

State Bar. No. 1003576
Subscribed and sworn to before me .

at Dodgevme, Wisconsin on

5

    

dewgw,? 

 

Schmitz Affidavit 114'

§~E

OF WISCONSIN

CIRCUIT COURT

COLUMBIA COUNTY

In the Matter of John Doe
Assignment Number:

Application and Order
for Specific
Judicial Assignment

20138P01S)8~-50

Case No. 2013J000001
i
---...--........ ..-....._ ..

For Official Use Only

FILED

08-14-2013

_

Cinuit Court

Columbia Countyr WI

Case Information
Currt;!nt Court Official

Code

Daniel George
Date Case Filed

'!238
C~S<;l

07-29-2013

.~---~--.....L.B-r2_~~-c_h_H_o ----~~---~

t_)i_s~-!i-ct_I\_Jo_.

Class Coda__ and Dmic(iption_ _ _

Type

John Doe

34001 - John Doe

Case Status Information
--~~-----------------...

L.<~st Activity in Case

/Date

Next Scheduled (or to be t~crleduled) Aotivity in Ca!3e

--·-·-·--..

~·------------~-~---- ..-w~--- ~--

No schedufed or proposed activity.

~Ju~Trial

----j

____

_

_ _ __

~Bench Trial ~~-P~o~~~~~l~Jd~g~m~e~~~t~C~a_se_v~-~=·~0--_~_~_r:_______~~-~~-~~-~-·~~-

Addltlon~l information that will bo helpful to the Chief Judge and the Juoge to be assi~Jnud (e.Q., time limits waived or not waived, clefendant in ctwiody, speedy
trial demand, prior judicial supsti(Lttions or disqualitlc&tlohs, other attorneys, etc.):

Attorney/Pady Information

~I

KR
John Doe
Other Attorney(s) (and rolfl' 6.!)., GAL. Adversmy CounseL etc.):
L----------~~-~~-

___. _____

--~---------------

_., __

_)

Reason for Assignment Application
r~-0-n~~--~-~-~~~----~·-

ID~scription

L2~~---·~--

_ "John Doe''

Applicati()fl

Current Couti Official AJ?R~~~~-----------.-=---A~p~p:...l_i<_a_~t_i_o_n_O_rd_·e_r__~_l_n_d_o_·_rd_e_.r_o_f_A_s_s_lg~n_m_e_r_lt____,
!RJ It is Ord!;!red the judge named below is assigMd this case.

Prepared by:

0

Approved
~ Deniecl
Explain:

~This assignment

is denied.

Shirley Abrahamson
Cl1ief Justice

By: Electronically signed by
A John Voelker, Director of_ ~tate Courts

August 14, 2013
Date

By:
Eloctronically signed by Daniel S. George, Clrcult~ourt Br~nch l
Current Court Offici~!

Auqust 12,2013

1\Jarne

Judtle Assigned:

Barbara A. Kluka

Pale
---·~---- ....---------~·'~~~~-------- ~-'---~--~--------------------~

GF-·t68S(CCAP), 04/09 Applicution and Orcter for 1$peclnc Judicial Assignment
SCR 7·0. §§767.-ltl, 80i.58, Wisconsin Statvto;;
Thi:o form s11all nut be modified. It m~.Y l;lt; Sv~Jpll)m()nt<>d with ndditional mat(Jrial.

Schmitz Affidavit 115

 STATE OF WISCONSIN

CIRCUIT COURT

For Otnofel Use Only

DANE COUNTY

In the Matter of John Doe

Application and Order
FILED
for Specific
Judicial Assignment 08-21-2013

Assignment Number: 2013SP020231

Ca.se No. 2013JD000009

CIRCUIT COURT

DANE COUNTY, WI

Case Jnformauon
Current Court ornctal

Elranch No.

Code
2278
Cas~ Typo

Juan B Colas
Dale Case Filed

08,21-2013

10

lt:>luhicl No.

5

Class Cod t;J and Description

John Doe

34001 ~John Doe

Case St~tus Information
Last Acllvlty lil Cago

Da!6

Naxf Scheduled (or to b6 schoduled) Activity In Caso

Date

No scheduled or proposed activity.
D Jury Trial 0 Bench Trial 0 Post-Judgment Casa

D Other:

AddUionallnformallon lhal wlll bE! Mlpfullo lha Ctllef .Judg~ and tho Judg(l to ba asslgnad (e.g., time I!mils waived or not waived, d6fendanlln custody, {lpeedy
lnal demand, prlor Judicial subsUlutlons or dlsqualillcatlons. olher attorneys, ale.}:

Information
Olher Allomey{s} (and role; '().g., GAL, Adversa~y Counsel, eto.):

llcatlon

Reaaon for Assl
Reason

Descripllon

Olher

per Presiding Judge Juan B. Colas

.-----C~u.;_rront Court Official Approval
Application Prepared by:
dknolt

K]Approved
Ooenled
Explain:

Applica tion Order and Order of As.slgnmont
[)It Is Ordered the judge named below Is assigned this ca~e.
D This asslgnnlent Is danled.
Shlr1ey Abra hamson
Chief Justice

By: Eleotronically signed by
A, John Voo lker, Director of Stale Courts
Chief Judge/Dopuly Chler Jodga/OCNDlr()clot/Chlaf Justlco

August 21, 2013
Oat~;~

I

By:
Electronically signed by_ Juan B. Colas

Name of Judg e Assigned:

Current Court ornclal

August :21, 2013

Barbara A. KJu ka

Dvle
~--------------------~~

·-··-·------

I
GF~1MS(CCAP).

SCR
04/09 Appllcallon and Ordar (or 8peclllc Judicial As~;lgnmenl
Thll} form ~thell nnl ba modlllsd. It may bl) qupp!ementsd 'with a ddlllonal mahnlal.

ro. ~§7&7, W, 6Cl1.61.l. Wluoona!n Blatutoa

l

Schmitz Affidavit 116

 DODGE COUNTY

CIRCUIT COURT

STATE OF WISCONSIN

For Oft/cia/ Use Only

Application and Order
for Specific
Judicial Assignment

In the Matter of John Doe
Assignment Number: 2013SP019548

Case No. 2013JD000006

Case Information
Current Courl Official

Branch No.

Code

2

1422

John R. Storck
Date Case Filed

Class Code and Description

Case Type

07~26v2013

IDis~ict No.

34001- John Doe

John Doe

Case Status lnforma1ion
Last Activity in Case

Date

Next Scheduled (or to be scheduled} Activity in Case

Dale

No scheduled or proposed activity.

0

Jury Trial

-------=--

D Bench Trial D Post-Judgment Case 0

Other:

Additional information that witl be helpful to the Chief Judge and the Judge to be assigned {e.g., time limits waived or not waived. defendant in custody, speedy
trial dernand. prior judicial substitutions or disqualifications, other attorneys, etc.):

It has been requested that Reserve Judge Barbara Kluka be appointed. She has consented to be appointed and is currently
presid!ng over other John Doe cases in other counties concerning the same issues raised by this John Doe.

Attorney/Party Information
Other Attomey{s) (and role: e.g., GAL, Adversary Counsel. etc.):

Reason for Assignment Application
Reason

Reason

Disqualification per Statute §757.19:

Facilitate the prompt and efficient pr?cessing__of this case.

Application Prepared by:
Lynn Hron

red the judge named below is assigned this case.
ment is denied.

!XI Approved
0 Denied

Shirley Abrahamson
Chief Justice

Explain:
By: Electronically signed by
A. John Voelker. Director of State Courts
Chief Judge/Deputy Chief Judge/DCNDirector/Chief Justice

August07,2013
Date

By:
Electronically signed by John R. Storck

Name of Judge Assigned:

Current Court Official

Barbara A. Kluka

August 5, 2013

Date

GF-168S(CCAP}. 04i09 Application and Q(der for Specific Judicial

SCR 70, §§757.19, 801.58, Wisconsin Statutes

Tllis form sllall not be modified. It may btt supplemented with additional materiaL

Schmitz Affidavit 117

 STATE OF WISCONSIN

CIRCUIT COURT

In the Matter of John Doe

Application and Order
for Specific
Judicial Assignment

Assignment Number: 2013SP019685

For Officiaf Use Only

IOWA COUNTY

Case No. 2013JD000001

--------------------------------------~------~------------~--~--~--~

FILED
oa~o·r~2013

Circuit Court, Iowa Co
L' N G t Cl k
1a . us , er

Case Information
Current Court Official

Branch No.

Code

1619

William D. Dyke
Date Case Filed

Case Type

07-25-2013

IDis;lct No.

1
Class Code and Description

John Doe

34001 - John Doe

Case Status Information
Last Activity in Case

Date
I

Next Scheduled (or to be scheduled) Activity in Case

Date

---

to be determined by new judge

D Jury Trial

D Bench Trial D

Post-Judgment Case

IX] Other: John Doe proceeding

Additional Information that will be helpful to the Chief Judge and tha Judge to be assigned {e.g., time limits waived or not waived, defendant In custody, speedy
trial demand, prior Judicial substitutions or disqualifications, other attorneys, etc.):

Attorney/Party Information

E.S.O.
John Doe
Other Attorney(s) (and role: e.g., GAL, Adversary Collnsel. etc.):

Reason for Assignment Application
Reason
Administrative transfer

Current Court Official A
Appflcation Prepared by:
Tad M. Engels

Description

roval

[Xj Approved

D Denied

ication Order and Order of Assi nment
d the judge named below is assigned this case.
0This r:::r:::i.nnlrnAnt is denied.

!KJ It is

Shirley Abrahamson
Chief Justice

Explain:
Administrative Transfer reqtJired.

By: Electronically signed by
A. John Voelker, Director of State Courts
Chief Judge/Deputy Chief Judge/DCNDirector/Chief Justice

August07, 2013
Date

By:
Electronically signed by Hon. William D. Dyke

Name of Judge Assigned:

Current Court Official

GF-16flS(CCAP). 04/09 Application and Order for Specific Judicial Assignment
SCR 70, §§757.19, 801.58, Wisconsin Stntuhw
This form ::;hall not be modifiod. It may be supplemented with additional material.

Schmitz Affidavit 118

 STATE OF WISCONSIN

For Official Use Only

MILWAUKEE COUNTY

CIRCUIT COURT

IN RE: JOHN DOE

Application and Order
for Specific
Judicial Assignment
-·-------

FILED

---·-

Case No. 2012JD23

Assignment Number: 2012SP008805

SEP - 5 2012
Case Information
Current Court Official

.101-!t,J Rt>DDr:r· :··--'

Code

· - - - Cle<=ri!i!!l'liMI'

~~anch No.

1324

Jeffrey A. Kremers-36
r----Date Case Filed

Case Type

08/23/2011

---

_

~=~~---

1

·---~~

Class Code and Description

34001 -John Doe

John Doe

---

--~--- ....

---

----"'"·

Case Status Information
Date

Last Activily in Case

---·-------·

----·-------

-···-~------

Date

Next Scheduled (or to be scheduled) Aclivlly in Case

--------

·-----

O Jury Trial 0

Bench Trial

O Post-Judgment Case

OOther:
--------~

...... ----------------------~----... -..-~--------·-..-------·····

···-----

Additional information that will be helpful to the Chief Judge and the Judge to be assigned. (e.g., limo limits waived or not waived, defendant in custody,
speedy trial demand, prior judicial substitutions or disqualificatlons, other allomeys, etc.):
----~----

'-------·····-···-

Attorney/Party Information
Other Attornoy(s) (and ro!e: e.g., GAL, Adversary Counsel, etc.):

r

Reason for Assignment Application

eason

Other

------Current Court Official Approval

Application Order and Order of Assignment

!!] It is Ordered the judge named below is assigned this case.

Application Prepared by:

D This assign.~-~nt i~-~enied.

88Approved
D Denied (Explain):

Shirley Abrahamson
Chief Justice

Assignment Source:

By:

·-

Electronically signed by

A. John Voelker, Director of State Courts
Chief Judge/Deputy Chief Judgc/DCNDiroclor/Chief Justice

SeQtember 05 1 20·12

September 05, 2012

Date

Date

·----

-·

Name of Judge Assigned:
___,______Barbara A. Kluka (#0608)

GF- i68S(CCAP), 04!09 Application and Order for Specific Judlcl<ll Assignment

SCH 70, §§757 .19, 801.58, Wisconsin Statutes

This form shall not be modified. It may be supplemented with additional material.

Schmitz Affidavit 119

 COPY
FILED

AUG 29 2013
August 21, 2013

CIRCUIT COURT
COLUMBIA COUNTY

Honorable Barbara A. Kluka
Reserve Judge
2013-38 Street
l(enosha, VVI 53140
Re:

In The Matter of a John Doe Proceeding
Columbia County Case No. 13JDOOOO liV
Dane Cotmty Case No. 13JD000009
Dodge County Case No. 13JD000006
Iowa County Case No. 13JD000001
Milwaukee County Case No. 12JD000023

Dear Judge Kluka:
This letter follows the filing of a Petition to Commence a John Doe investigation in the
case numbers referenced above. Of course, as you know, you have been assigned to hear
John Doe proceedings in each of these five jurisdictions and you have also been appointed
to act in that capacity by the Office of the Director of Sta~e Courts.
The John Doe Petition and supporting papers generally allege illegal campaign
coordination between the Friends of Scott Walker, a campaign committee, and certain
special interest groups organized under the auspices ofiRC 50l(c)(4).
By operation of §978.05(1), the responsibility for the prosecution of the crimes alleged in
the John Doe Petition is fractionated across the offices of five different Wisconsin
prosecutors. In reality, however, the investigation is one overall undertaking and should be
managed by one prosecutor with general authority in all five counties. To proceed
otherwise would unduly cmnplicate, if not cripple, the investigation.
With this letter, we seek to apprise you of the legal and factual circun1stances that make it
appropriate to appoint a Special Prosecutor to handle this overall investigation. A special
prosecutor is needed to review the allegations and, if charge(s) are well founded, then the
Special Prosecutor should be authorized to proceed with said charge(s) through to

Schmitz Affidavit 120

 Honorable Barbara A. Kluka
August 21,2013
Page2
disposition. We submit you have the authority to make this appointment on your own motion and
as part of your authority to efficiently administer an effective John Doe investigative proceeding. 1
We begin by noting that in January of 2013, the Attorney General of the State of Wisconsin was
requested to undertake the investigation and the potential prosecution of these campaign finance
crhnes. In a letter dated May 31, 2013, the Attorney General declined to assume responsibility for
the investigation, primarily citing a conflict of interest and secondarily citing the appearance of
itnpropriety. His letter to District Attorney John Chisholm is attached to this correspondence.
In his letter, the Atton1ey General states that - to the extent certain screening mechanisms might be
employed to overcmne the obstacles of conflict of interest and the appearance of impropriety ~ such
devices should not be used in this investigation. Be bases this conclusion on the availapility of the
Government Accountability Board (GAB) as a statewide agency intended to handle issues arising
under the campaig11 finance laws. See the AG letter at page 2 ("This is because there is no
necessity, at this time, for my office's involvement because there are other state officials who have
equal or greater jurisdictional authority without the potential disabilities I have mentioned.'')
The Attmney General, however, does not address the fact that - to the extent this is a criminal
investigation- the GAB is no substitute for a statewide criminal justice authority. Plain and simple,
the GAB lacks authority to criminally prosecute anyone.
Consequently, mindful that its ·
investigation may compromise a related criminal inquiry by a prosecutor, the only rational course of
action for the GAB (and the course actually taken here) is to involve- at the outset- the office of
the affected prosecuting attorneys. Of course, the Attorney General's suggestion (i.e., that a referral
to the GAB is the solution) does not resolve the problem that caused Milwaukee prosecutors to refer
the matter to him in the first instance. That is, the investigation was referred to avoid the fracturing
of the investigation and prosecution across the offices of five local prosecutors.
John Doe investigations were never intended to be run by a committee of prosecutors. The
inefficiency of a five-county investigation is well illustrated by the arnount of time it has taken to
get to this point after the Attorney General's May 31, 2013 refusal to act. That is, it has taken all of
June, all of July and half of August to advance these five John Doe investigations to a point where a
procedural matter, i.e., the appointment of a centralized independent Special Prosecutor, can be
addressed. This investigation cannot efficiently and effectively continue in this fashion.
Moreover, and just as the Attorney General himself recognized, the partisan political affiliations of
the undersigned elected District Attorneys will lead to public allegations of impropriety.
Democratic prosecutors will be painted as conducting a partisan witch hunt and Republican
prosecutors will be accused of "pulling punches.'" An independent Special Prosecutor having no
partisan affiliation addresses the legitimate concerns about the appearance of impropriety.
For all of these reasons, the John Doe Judge should entertain, on its own motion and in the exercise
of its inherent authority, the appointment of an attorney to serve in the tole of a prosecutor who has
authority across all involved counties. The Attorney General having disqualified himself: an
attorneyis···required··to·act··in··his·place;····· ·

1

See State v. Cummings, 199 Wis.2d 721, 735, 546 N.W.2d 406,411 (1996) (finding the John Doe judge has authority
to issue search warrants and noting that the John Doe "statutes should be interpreted in a manner which support their
underlying purpose.")

Schmitz Affidavit 121

 The authority for the appointn1ent of a Special Prosecutor is found at Wisconsin Statutes §978.045
and has been discussed in State v. Carlson, 2002 WI App 44, 250 Wis.2d 562, 641 N.W.2d 562 and
In re Bollig, 222 Wis.2d 558, 587 N.W.2d 908 (1998). Although §§978.045(1g) and (lr) appear to
limit an appointment of a Special Prosecutor to the circumstances listed in subsection (lr), these
statutory sections have not been so interpreted by the courts. Rather, in State v. Carlson, supra,
these statutory subsections have been liberally interpreted to allow for the appointment of Special
Prosecutors in circumstances not expressly addres~ed by the precise terms of subsection (lr). The
Carlson court wrote:
In the case at bar, the appointment was made by the court on its own motion. A plain
reading of the statute tells us that when a court makes this appointtnent on its own
motion, all that is required of the court is that it enter an order in the record '~stating
the cause therefor." Wis. Stat. § 978.045(lr). Then, the appointed special prosecutor
may "perform, for the time being, or for the trial of the accused person, the duties of
the district attorney. An attorney appointed under this subsection shall have all of the
powers of the distiict attorney." Id In short, if a court makes a special prosecutor.
appointment on its own motion, it is constrained only in that it must enter an order in
the record stating the cause for the appointment.

Carlson, 2002 WI App 44 at ,9 (emphasis in original)(footnotes omitted).
We additionally and respectfully submit that a John Doe judge has the inherent, if not express, 2
authority to appoint a Special Prosecutor here. Considerations of investigative efficiency and
economy require an attorney to serve in the role that would otherwise have been provided by the
Office of the Attorney General. Such an appointment allows for the orderly progression of the
overall John Doe investigation and is justified for that reason. See State v. Cummings, 199 Wis.2d
721, 735, 546 N.W.2d 406, 411 (1996).
We therefore recommend the appointment of Atton1ey Francis D. Schmitz as Special Prosecutor.
Atton1ey Schmitz formerly served for nearly thirty years as a federal prosecutor. He has served as
the Deputy United States Attorney for the Eastern District of Wisconsin, and he has also worked in
Washington D.C. on sensitive national security investigations and issues related to Homeland
Security. He currently practices law as a private attorney in Waukesha County.
Attorney Schmitz should be empowered to investigate the possible crimes that are more fully
described in John Doe papers filed herein. Further> Attorney Schmitz should be authorized to
determine if criminal charges are appropriate and if he so detennines, he should be given the
authority to issue charges and proceed through to disposition with any such charges.

2

§978.045(lr) grants authority to "comts of record" for the appointment of Special Prosecutors. However, John Doe
judges are not courts of record. State v. Washington, 83 Wis.2d 808, 828,266 N.W.2d 597, 607 (1978). On the other
hand, the third sentence of §978.045(1r) provides that a "judge" (rather than a "judge of a court of record") may appoint
a Special Prosecutor at the request of a district attorney in "John Doe proceedings under 968.26." Consequently,
§978.045(1r) may be express authority for the appointment of a Special Prosecutor in John Doe investigations.

Schmitz Affidavit 122

 We are authorized by Attorney Schmitz to represent that, if appointed, he will accept and will serve
as a Special Prosecutor. Attorney Schmitz has agreed to work for an hourly rate of$130.
Very truly yours,

Date

Ismael R. Ozanne
District Attorney
Dane County

Date

.... District Atto ey
Dodge Cou

~~L~~
~L/]_
elson

tstri Attorney
Iowa ounty

John T.
District
Milwa
bl

Enclosure

Schmitz Affidavit 123

 STATE OF WISCONSIN
DEPARTMENT OF JUSTICE
114 Eost, Stllte Capitol
P.O. Box 7857
Mfldison 1 WT 53707-7857

608/ZoG-1221
TTY 1·800-947-3529

()iL\t.:~r! \)t /.~-~i~:~tt~c:·::· /\X~·c:~·t!(?~i

IViii··N~·l~.liC:';),

V\fl (j.J?:.:·l::~

Mr. John T. Chisholm
District Attorney, Milwaukee County
821 West State Street, Room 405
Milwaukee, WI 53233
RE:

Request for Assistance Relating To Campaign Finance Investigation

Dear District Attorney Chisholm:
Earlier this year> we met with you at your request to discuss the developments in a John
Doe investigation relating to potential campaign finance violations involving campaign
coordination (and thus the possibility that at ]east one non-candidate committee and possibly
Friends of Scott Walker filed false reports with the Government Accountability Board). Deputy
District Attorney Kent Lovem, Deputy Attorney General Kevin St. John, and DCI Administrator
David Matthews also attended that meeting. You were concerned that the investigation was
leading to subjects outside of your office's prosecutorial jurisdiction, and thus were seeking the
assistance of the Department of Justice.
For the following reasons, we decline assistance at this time.
First, I am concerned about potential_ conflicts of interests that arise by virtue of ow·
ongoing representation of Scott Walker in his official capacity as Governor. I have previously
stated the basis of my concern in a December 3, 2010 correspondence relating to a pdor
investigation> and those concerns do not need to be repeated in detail here. While it is not clear
that this investigation will indicate that Governor Walker has violated any Wisconsin laWs, it is
reasonably foreseeable that this may be a subject of the investigation. When lawyers have
conflicts, client confidence that the lawyer js acting in their interest can erode and clients will be
less willing to share information that is essential to providing sound legal advice.
Second, even in the absence of a true conflict by virtue ofmy representation ofGovernor
Walker in his official capacity, I am concerned about the perception that my office can not act
impartially, thus undermining public confidence in the investigation as a whole, particularly if
the investigation does not result in an enforcement action; These perceptions may adse because
of the general governmental relationship between the Administration and the Department of

Schmitz Affidavit 124

 Mr. John T. Chisholm
Page 12
Justice or because of my personal relationship with the Governor.
I know that you appreciate this concern. ln the past, you have requested my office review
criminal complaints that were related to actions by the Milwaukee County Executive in his
personal capacity and criminal complaints involving the conduct of a former state representative
with whom you were personally acquainted.
Third, beyond my relationship with the governor, this investigation is likely to involve
subjects who are politically involved on the conservative side of the political spectrum. At this
point, I do not know all of the potential witnesses and subjects (and these will only be known
with further investigation), but suffice it to say, thjs is a campaign fmance investigation and there
are a fmite number of conservative-minded political activists, campaign operatives, and major
donors in Wisconsin. Therefore, it is reasonable to foresee that if this investigation develops
further, it could involve additional individuals with whom I or my campaign have had significant
personal or business relationships. This may exacerbate any public perception that my office~s
involvement in an investigation would be biased. .
To be sure, the statutory responsibilities of my office, which include both the legal
representation of government officials and the enforcement of certain laws against all individuals
and entities (including government officials), by their nature, create the potential for conflicts. In
certain cases, the rules of professional conduct might not be strictly applied in order to
accommodate statutory conunands. See, e.g., SCR Chapter 20, Preamble [18]. In some cases,
conflict screens might be established to minimize the potential for conflict.
This is not a matter, however, where such devices should be employed, even if they could
be employed effectively. This is because there is no necessity, at this time, for my office's
involvement because there are other state officials who have equal or greater jurisdictional
authority without the potential disabilities 1 have mentioned. The Government Accountability
Board has statewide jurisdiction to investigate campaign fmance violations, which may be civil
or criminal in nature. Thus> there is no jurisdictional necessity to involve my office. Should the
Government Accountability Board, after investigation, believe these matters are appropriate for
civil enforcement, they have the statutory authority to proceed. Should the Govenunent
Accountability Board determine, after investigation, that criminal enforcement is appropriate,
they may refer the matter to the appropriate district attorney. Only if that district attomey and a
second district attorney declines to prosecute would my office have prosecutorial authority. See
generally Wis. Stat. § 5.05(2m).
In many respects, the Government Accountability Board as a lead investigator and first
decisiorunaker is preferable in this specjfic context. First, the potential violations involve
statutes that the Government Accountability Board administers. The specific area of campaign
fmance law that may be applicable in this case, coordination, is not a model of statutory
precision or consistency. Compare Wis. Stat. § 11,06(7)(a) (specifying nature of oath of
independent expenditures to .include no "cooperation or consultation" with the supported
candidate) wit~. Wis ... stat ... §.11.06(4)(a).,(d) . (r~q~it'~I1g . <:l cai1~Jdate''g()I1!rgX, {)T ''4!t~9t ~
contdbutiori to be rep61;fiib1e). The dovernintn1t. Accountability Board s prior involvement
administering and advising on these statutes increases the likelihood that they will be applied in
1

Schmitz Affidavit 125

 Mr. John T. Chisholm
"Page 13
this case in a manner consistent with prior interpretations. Second, this experience will better
inform the discretionary determination of whether or not the civil or criminal enforcement is
appropriate. Third, as a non~partisan entity, the Govemment Accountability Board's
investigation may inspire more public confidence than an investigation led by partisan-elected
officials.
This approach has precedent. Previously> my ot11ce made an initial inquiry into the
actions of a high ranking Wisconsin government official relating to a potential violation of laws
that the Government Accountability Board administers and enforces. The information was
shared with the Government Accountability Board and we determh1ed it was appropriute for the
Government Accountability Board to conduct further inquiry while my office stepped back due
to considerations similar to those expressed in this letter.

*

*

*

*

*

The decision to decline to be involved at this time is based upon the specific facts and
circumstances that have been presented to me. Unlike many circumstances involving
investigation of potential criminal activity that transcends multiple jurisdictions, here there is a
capable agency with equal statewide jurisdiction, meaning that my decision to decline
participation will not undermine the state's ability to enforce the law: Moreover, there is no
indication that there is a public safety threat or that there are ongoing violations of the public
trust -factors that could augur for force multiplication. In summary, there is no necessity for the·
Department to exercise a discretionary authority where the exercise of that authority could also
disable the Department's ability fulfill its other duties and responsibilities.
Moreover, this decision is made recognizing that conflict and impartiality issues are
stressed within the context of the dynamic nature of a campaign fmancing investigation that
could foreseeably involve individuals with whom I have relationships - individuals whose
involvement may very well depend on the discretionary decisionmaking of investigators. Should
the investigation develop into a more concrete form and potentially require the Department of
Justice exercise of a different duty or power, we will revisit the appropriateness of 01.1r
involvement - as occuned when the 2010 Milwaukee County probe led to particular criminal
prosecutions that my office supported in the appellate courts.
Please contact me with any questions concerning this matter or if further explanation is
required.

Sincerely,

~~~
J.B. Van Hollen
Attorney General

Schmitz Affidavit 126

 Mr. John T. Chisholm
P 8 g e 14

Cc:

Kent Lovem, Deputy District Attorney
Kevin St. John, Deputy Attorney General
David Matthews> DCI Administrator

Schmitz Affidavit 127

 COPY

STATE OF WISCONSIN

II\J THE MATTER OF A JOHN DOE PROCEEDING

CIRCUIT COURT

Columbia County Case No.: :·t~»Q!D,Utl0 Hi · ~ ·•
13JD000009
Dane County Case No.:
13JD000006
Dodge County Case No.:
13JD000001
Iowa County Case No.:
Milwaukee County Case No.: 12JD000023

FILED

APPOINTMENT OF
SPECIAl PROSECUTOR
UNDER CHAPTER 978

AUG 29 2013
CIRCUIT COURT

APPOINTMENT ORDER
THE JOHN DOE JUDGE, having been apprised of facts and circumstances as set forth in a letter
dated August 21, 2013 submitted by the District Attorneys for the Counties of Columbia, Dane,
Dodge, Iowa and Milwaukee, does hereby find and order that:
1.
In January 2013, the Wisconsin Attorney General was requested to proceed with the investigation and

2.
3.

4.

5.

6.

7.
8.
9.
10.

prosecution of the criminal law violations as alleged in the Petitions and Affidavits filed in the abovereferenced John Doe proceedings.
In a letter dated May 31, 2013, the Attorney General declined to assume responsibility for this
investigation, primarily citing the reasons of conflict of interest and the appearance of impropriety.
A Special Prosecutor with jurisdiction across the severally affected counties is required for the efficient
and effective conduct of the investigation, including any charging decisions that need to be made.
Likewise, if charges are filed, a single prosecutor with jurisdiction across the severally affected
counties is required for the efficient prosecution of such charges.
The Attorney General and the District Attorneys for the Counties of Columbia, Dane, Dodge, Iowa and
Milwaukee all note that their individual status as partisan elected prosecutors gives rise to the
potential for the appearance of impropriety. I find that a Special Prosecutor will eliminate any
appearance of impropriety.
For these reasons, Attorney Francis D. Schmitz is appointed Special Prosecutor for the State of
Wisconsin. He is authorized to investigate the matters more fully described in John Doe papers
previously filed in the above-referenced proceedings. Attorney Schmitz is further authorized to
determine if criminal charges are appropriate, and if he so determines, he is authorized to issue
charges and proceed through to disposition with any such charges.
I make this appointment in light of the facts and circumstances set forth in the August 21, 2013 letter
submitted by the District Attorneys for the Counties of Columbia, Dane, Dodge, Iowa and Milwaukee.
I make this appointment under my authority as expressed in State v. Carlson, 2002 WI App 44, 250
Wis.2d 562, 641 N.W.2d 562. I find that a John Doe run by five different local prosecutors, each with
partial responsibflity for what is and should be one overall investigation and prosecution, is markedly
inefficient and ineffective. Consequently, I also make this appointment as part of my inherent
authority under State v. Cummings, 199 Wis.2d 721, 735, 546 N.W.2d 406, 411 (1996).
Compensation is to be paid at the rate of $130 per hour.
Disbursements shall be submitted for payment, If incurred.
The Department of Administration shall pay the compensation ordered by the Court.
This Order is made as part of a secret John Doe investigation. The Order shall be sent to the State
Prosecutor's Office and shall be made part of the John Doe file in the above-encaptioned John Doe
files. This Order, however, shall remain secret. The State Prosecutor's Office is ordered to maintain

Send a copy of this Appointment to:
1) Phil Werner, Director
State Prosecutors Office
Department of Administration
P.O. Box 7869
Madison, WI 53707-7869

2) Clerk of Court

Schmitz Affidavit 128

 OATH AND CONSENT TO SERVE
I accept this appointment and (swear) or (affirm) that I will support the constitution of the United States and
the State of Wisconsin, and will faithfully discharge the duties of this office to the best of my ability (so help
me God).

oi:J::A

Subscribed and sworn to before me

-B

2013.

~;M;re~¥
~r. tertt
·
My tomfillssiot ' expil es--"

&:(,.

t(

Bar Number & Name Printed or Typed

\02...\\0 rJ l2-7...\

t\:,vuA0~

P-o\,

Address of Principal Office
Telephone Number

Schmitz Affidavit 129

 COPY

STATE OF WISCONSIN

IN THE MATTER OF A JOHN DOE PROCEEDING

CIRCUIT COURT

Columbia County Case No.: 13JD000011
Dane County Case No.:
tUBDDD.D..G0.9 >f
13JD000006
Dodge County Case No.:
13JD000001
Iowa County Case No.:
Milwaukee County Case No.: 1ZJD000023

APPOINTMENT OF
SPECIAL PROSECUTOR
UNDER CHAPTER 978
I

APPOINTMENT ORDER

l_

! . . ;: ,. ,;i.~ 1_; 1. ,.J;;., ;:

THE JOHN DOE JUDGE, having been apprised of facts and circumstance~ ~i·~~rforth ilr{a: fetter··!~"·"
dated August 21, 2013 submitted by the District Attorneys for the Counties of Columbia, Dane,
Dodge, Iowa and Milwaukee, does hereby find and order that:
1.

2.
3.

4.

5.

6.

7.
8.
9.
10.

In January 2013, the Wisconsin Attorney General was requested to proceed with the investigation and
prosecution of the criminal law violations as alleged in the Petitions and Affidavits filed in the abovereferenced John Doe proceedings.
In a letter dated May 31, 2013, the Attorney General declined to assume responsibility for this
investigation, primarily citing the reasons of conflict of interest and the appearance of impropriety.
A Special Prosecutor with jurisdiction across the severally affected counties is required for the efficient
and effective conduct of the investigation, including any charging decisions that need to be made.
Likewise, if charges are filed, a single prosecutor with jurisdiction across the severally affected
counties is required for the efficient prosecution of such charges.
The Attorney General and the District Attorneys for the Counties of Columbia, Dane, Dodge, Iowa and
Milwaukee all note that their individual status as partisan elected prosecutors gives rise to the
potential for the appearance of impropriety. I find that a Special Prosecutor will eliminate any
appearance of impropriety.
For these reasons, Attorney Francis D. Schmitz is appointed Special Prosecutor for the State of
Wisconsin. He is authorized to investigate the matters more fully described in John Doe papers
previously filed in the above-referenced proceedings. Attorney Schmitz is further authorized to
determine if criminal charges are appropriate, and if he so determines, he is authorized to issue
charges and proceed through to disposition with any such charges.
I make this appointment in light of the facts and circumstances set forth in the August 21, 2013 letter
submitted by the District Attorneys for the Counties of Columbia, Dane, Dodge, Iowa and Milwaukee.
I make this appointment under my authority as expressed in State v. Carlson, 2002 WI App 44, 250
Wis.2d 562, 641 N.W.2d 562. I find that a John Doe run by five different local prosecutors, each with
partial responsibility for what is and should be one overall investigation and prosecution, is markedly
inefficient and ineffective. Consequently, I also make this appointment as part of my inherent
authority under State v. Cummings, 199 Wis.2d 721, 735, 546 N.W.2d 406 1 411 (1996).
Compensation is to be paid at the rate of $130 per hour.
Disbursements shall be submitted for payment, if incurred.
The Department of Administration shall pay the compensation ordered by the Court.
This Order is made as part of a secret John Doe investigation. The Order shall be sent to the State
Prosecutor's Office and shall be made part of the John Doe file in the above-en captioned John Doe
files. This Order, however, shall remain secret. The State Prosecutor's Office is ordered to maintain
. the secrecy ofthls ordeL · ·

Send a copy of this Appointment to:
1) Phil Werner, Director
State Prosecutors Office
Department of Administration

2) Clerk of Court

P.O. Box 7869
Madison, WI 53707-7869

Schmitz Affidavit 130

 OATH AND CONSENT TO SERVE
I accept this appointment and (swear) or (affirm) that I will support the constitution of the United States and
the State of Wisconsin, and will faithfully discharge the duties of this office to the best of my ability (so help
me God).

Bar Number & Name Printed or Typed

\.02...\\C> tJ 12-2\ .\)evvAu~ ~o\
uJ i\0 ke.s:.hA
uJ \
53 1@9

.

Address of Principal Office

Z..b2... 5qq

- 0 5J q

Telephone Number

Schmitz Affidavit 131

 COPY

STATE OF WISCONSIN

IN THE MATTER OF A JOHN DOE PROCEEDING

FILED
IN THE CIRCUIT COURT

CIRCUIT COURT

Columbia County Case No.:
Dane County Case No.:

13JD000011
13JD000009

ID~~~ijTh1;Y.\i~tHNP,'~ ,._

.:il@~@(;\Q(;)(j}(,)E;.·
..•.''
"'~-.?~~.a¥r-~ '

Iowa·· couniY'c~se No.:
Milwaukee County Case No.:

13JD000001.'
12JD000023

APPOINTMENT OF
SPECIAl PROSECUTOR
UNDER CHAPTER 978

AUG 2 9 2013
Dodge County WI
LynnM.Hron

Cla1 k of Courts

APPOINTMENT ORDER
THE JOHN DOE JUDGE, having been apprised of facts and circumstances as set forth in a letter
dated August 21, 2013 submitted by the District Attorneys for the Counties of Columbia, Dane,
Dodge, Iowa and Milwaukee, does hereby find and order that:
1.
In January 2013, the Wisconsin Attorney General was requested to proceed with the investigation and
prosecution of the criminal law violations as alleged in the Petitions and Affidavits filed in the abovereferenced John Doe proceedings.
2.
In a letter dated May 31, 2013, the Attorney General declined to assume responsibility for this
investigation, primarily citing the reasons of conflict of interest and the appearance of impropriety.
3.
A Special Prosecutor with jurisdiction across the severally affected counties is required for the efficient
and effective conduct of the investigation, including any charging decisions that need to be made.
Likewise, if charges are filed, a single prosecutor with jurisdiction across the severally affected
counties is required for the efficient prosecution of such charges.
4.
The Attorney General and the District Attorneys for the Counties of Columbia 1 Dane1 Dodge, Iowa and
Milwaukee all note that their individual status as partisan elected prosecutors gives rise to the
potential for the appearance of impropriety. I find that a Special Prosecutor will eliminate any
appearance of impropriety.
5.
For these reasons, Attorney Francis D. Schmitz is appointed Special Prosecutor for the State of
Wisconsin. He is authorized to investigate the matters more fully described in John Doe papers
previously filed in the above-referenced proceedings. Attorney Schmitz is further authorized to
determine if criminal charges are appropriate, and if he so determines, he is authorized to issue
charges and proceed through to disposition with any such charges.
6.
I make this appointment in light of the facts and circumstances set forth in the August 21, 2013 letter
submitted by the District Attorneys for the Counties of Columbia, Dane, Dodge, Iowa and Milwaukee.
I make this appointment under my authority as expressed in State v. Car!son1 2002. WI App 44, 250
Wis.2d 562, 641 N.W.2d 562. I find that a John Doe run by five different local prosecutors, each with
partial responsibility for what is and should be one overall investigation and prosecution, is markedly
inefficient and ineffective. Consequently, I also make this appointment as part of my inherent
authority under State v. Cummings, 199 Wis.2d 721, 735, 546 N.W.2d 406, 411 (1996).
7.
Compensation is to be paid at the rate of $130 per hour.
8.
Disbursements shall be submitted for payment, if incurred.
9.
The Department of Administration shall pay the compensation ordered by the Court.
10.
This Order is made as part of a secret John Doe investigation. The Order shall be sent to the State
Prosecutor's Office and shall be made part of the John Doe file in the above-encaptioned John Doe
files. This Order, however, shall remain secret. The State Prosecutor's Office is ordered to maintain
· ·· · · · the secrecyofthfs order;
Send a copy of this Appointment to:
1) Phil Werner, Director
State Prosecutors Office
Department of Administration
P.O. Box 7869
Madison, WI 53707-7869

2) Clerk of Court

Schmitz Affidavit 132

 OATH AND CONSENT TO SERVE
I accept this appointment and (swear) or (affirm) that I will support the constitution of the United States and
the State of Wisconsin, and will faithfully discharge the duties of this office to the best of my ability (so help
me God).
Subscribed and sworn to before me

on

~u.s±~

,2013.

AA~AAA ;~.?(~

~evk~

My COffiirllssioR t!Xf'il e~~---:----

~ser.Je-:J~e

Signature

t000023?

£..-·AN c..\ S

. z_

Bar Number & Name Printed or Typed

~2.-.t\0 rJ 12.-2.\

_1l}.fi0ke.~bA

\)evvAO~
u.J l

P-o\

.J.

S'3 I@J______

Address of Principal Office
Telephone Number

Schmitz Affidavit 133

 CIRCUIT COURT

STATE OF WISCONSIN

IN THE MATTER OF A JOHN DOE PROCEEDING

Columbia County Case No.: 13JD000011
13JD000009
Dane County Case No.:
13JD000006
Dodge County Case No.:
13JD000001 ::
Iowa County Case No.:
Milwaukee County Case No.: 12JD000023
---------·

-----

Circuit Court, Iowa County, WI

APPOINTMENT Of
SPECIAL PROSECUTOR
UNDER CHAPTER 978

FILED

AUG 2 7 2013
lA N GIIST, CbERK

APPOINTMENT ORDER
THE JOHN DOE JUDGE, having been apprised of facts and circumstances as set forth in a letter
dated August 21 1 2013 submitted by the District Attorneys for the Counties of Columbia, Dane,
Dodge, Iowa and Milwaukee, does hereby find and order that:
1.
In January 2013, the Wisconsin Attorney General was requested to proceed with the investigation and

2.
3.

4.

5.

6.

7.
8.
9.
10.

prosecution of the criminal law violations as alleged in the Petitions and Affidavits flied in the abovereferenced John Doe proceedings.
In a letter dated May 31, 2013, the Attorney General declined to assume responsibility for this
investigation, primarily citing the reasons of conflict of interest and the appearance of impropriety.
A Special Prosecutor with jurisdiction across the severally affected counties is required for the efficient
and effective conduct of the investigation, including any charging decisions that need to be made.
Likewise, if charges are filed, a single prosecutor with jurisdiction across the severally affected
counties is required for the efficient prosecution of such charges.
The Attorney General and the District Attorneys for the Counties of Columbia, Dane, Dodge, Iowa and
Milwaukee all note that their individual status as partisan elected prosecutors gives rise to the
potential for the appearance of impropriety. I find that a Special Prosecutor will eliminate any
appearance of impropriety.
For these reasons/ Attorney Francis D. Schmitz is appointed Special Prosecutor for the State of
Wisconsin. He is authorized to investigate the matters more fully described in John Doe papers
previously filed in the above-referenced proceedings. Attorney Schmitz is further authorized to
determine if criminal charges are appropriate, and if he so determines/ he is authorized to issue
charges and proceed through to disposition with any such charges.
I make this appointment in light of the facts and circumstances set forth in the August 21, 2013 letter
submitted by the District Attorneys for the Counties of Columbia, Dane1 Dodge, Iowa and Milwaukee.
I make this appointment under my authority as expressed in State v. Carlson, 2002 WI App 44, 250
Wis.2d 562, 641 N.W.2d 562. I find that a John Doe run by five different local prosecutors, each with
partial responsibility for what is and should be one overall investigation and prosecution, is markedly
inefficient and ineffective. Consequently, I also make this appointment as part of my inherent
authority under State v. Cummings, 199 Wis.2d 721, 735, 546 N.W.2d 406, 411 (1996).
Compensation is to be paid at the rate of $130 per hour.
Disbursements shall be submitted for payment, if incurred.
The Department of Administration shall pay the compensation ordered by the Court.
This Order is made as part of a secret John Doe investigation. The Order shall be sent to the State
Prosecutor's Office and shall be made part of the John Doe file in the above-encaptioned John Doe
files. This Order, however, shall remain secret. The State Prosecutor's Office is ordered to maintain

Send a copy of this Appointment to:
1) Phil Werner, Director
State Prosecutors Office
Department of Administration
P.O. Box 7869
Madison, WI 53707-7869

2) Clerk of Court

Schmitz Affidavit 134

 .....

~-

OAlH AND CONSENT TO SERVE
I accept this appointment and (swear) or (affirm) that I will support the constitution of the United States and
the State of Wisconsin, and will faithfully discharge the duties of this office to the best of my ability (so help
me God).
Subscribed and sworn to before me

Bar Number & Name Printed or Typed

\tJ 2....'\ D tJ t z. :z. \

?evu A 0 ~ P-o\ ·'

Address of Principal Office

Z.b2.---5qq -0511
Telephone Number

Schmitz Affidavit 135

 COPY

STATE OF WISCONSIN

CIRCUIT COURT

Columbia County Case No.: 13JD000011
13JD000009
Dane County Case No.:
13JD000006
Dodge County Case No.:
13]0000001
Iowa County Case No.:
Milwaukee County Case No.:
~i:<;:~1.,4

IN THE MATTER OF A JOHN DOE PROCEEDING

APPOINTMENT Of
SPECIAL PROSECUTOR
UNDER CHAPTER 978
APPOINTMENT ORDER

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27

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THE JOHN DOE JUDGE, having been apprised of facts and circumstances as·set forth in a letter
dated August 21, 2013 submitted by the District Attorneys for the Counties of Columbia, Dane,
Dodge, Iowa and Milwaukee, does hereby find and order that:
1.
In January 2013, the Wisconsin Attorney General was requested to proceed with the investigation and

2.
3.

4.

5.

6.

7.
8.

9.
10.

...

.

prosecution of the criminal law violations as alleged in the Petitions and Affidavits filed in the abovereferenced John Doe proceedings.
In a letter dated May 31, 2013, the Attorney General declined to assume responsibility for this
investigation, primarily citing the reasons of conflict of interest and the appearance of impropriety.
A Special Prosecutor with jurisdiction across the severally affected counties is required for the efficient
and effective conduct of the investigation, including any charging decisions that need to be made.
Likewise, if charges are filed, a single prosecutor with jurisdiction across the severally affected
counties is required for the efficient prosecution of such charges.
The Attorney General and the District Attorneys for the Counties of Columbia, Dane, Dodge, Iowa and
Milwaukee all note that their individual status as partisan elected prosecutors gives rise to the
potential for the appearance of impropriety. I find that a Special Prosecutor will eliminate any
appearance of impropriety.
For these reasons, Attorney Francis D. Schmitz is appointed Special Prosecutor for the State of
Wisconsin. He is authorized to investigate the matters more fully described in John Doe papers
previously filed in the above-referenced proceedings. Attorney Schmitz is further authorized to
determine if criminal charges are appropriate, and if he so determines, he is authorized to issue
charges and proceed through to disposition with any such charges.
I make this appointment in light of the facts and circumstances set forth in the August 21, 2013 letter
submitted by the District Attorneys for the Counties of Columbia, Dane, Dodge, Iowa and Milwaukee.
I make this appointment under my authority as expressed in State v. Carlson, 2002 WI App 44 1 250
Wis.2d 562, 641 N.W.2d 562. I find that a John Doe run by five different local prosecutors, each with
partial responsibility for what is and should be one overall investigation and prosecution! is markedly
inefficient and ineffective. Consequently, I also make this appointment as part of my inherent
authority under State v. Cummings, 199 Wis.2d 721, 735, 546 N.W.2d 406, 411 (1996).
Compensation is to be paid at the rate of $130 per hour.
Disbursements shall be submitted for payment, if incurred.
The Department of Administration shall pay the compensation ordered by the Court.
This Order is made as part of a secret John Doe investigation. The Order shall be sent to the State
Prosecutor's Office and shall be made part of the John Doe file in the above-encaptioned John Doe
files. This Order, however, shall remain secret. The State Prosecutor's Office is ordered to maintain
thesecrecyofthisordeL
\\\lHtflblii·········

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Send a copy of this Appointment t~' ~
1) Phil Werner, Director
State Prosecutors Office
Department of Administration
P.O. Box 7869
Madison, WI 53707-7869

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BY THE COURT:

~a.-voJ

Hon able Barbara A. Kluka,

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Schmitz Affidavit 136

 OATH AND CONSENT TO SERVE
I accept this appointment and (swear) or (affirm) that I will support the constitution of the United States and
the State of Wisconsin, and will faithfully discharge the duties of this office to the best of my ability (so help
me God).

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Fr-ANc:.\ S
Bar Number & Name Printed or Typed

\02..\.\D tJ 12..2\
?ev0Auk:.e.~ ~o\
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Address of Principal Office

Telephone Number

Schmitz Affidavit 137

 STA11; OF 1·fllSCOiVSJJV

CIRCUIT COURT

IN THE MA'ITER OF A JOl-IN DOE

MILJVA UKE'E COUNTY

REASSIGNMI£NT AND EXCHANGE

PROCEEDING
Case No. 2012JD000023

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A substitution, disqunlification, or recusal of Judge has been 111cd in this action.
Reason tor Disqunliflcation/Recnsal: Conflict

FILED

The above entitled cause is to be reassigned according lo then ~s.

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JOHN BAt#1t?1-~==""''"l''"'"'''''"'""
Clerk of Cif",jt.iit ·court

Reserve Judge Barbara

Dated:_

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Reassigned to Reserve Judge Gregory A. Peterson according to the rules.

Dated this ____ ___d_ fi. #

of

BY THE COURT:

-Ionorable Judge Jeffrey A. Kremers
Chief·Judge·c;c;···lst. Jttdiciaf···Disti·ict·······

Schmitz Affidavit 138

 STATE OF WISCONSIN
In the Matter of John Doe

COLUMBIA COUNTY

CIRCUIT COURT

For Ottloial Use Only

r~--~--------~~

Application and Order
for Specific
Judicial Assignment

FILED

DEC 1 2 2013
CIRCUIT COURT

case No. 2013JD000011

Assignment Number: 2013SP023184

COblH~Jl~.~ CQ! tNIY

Case Information

0608

Barbara A. Kluka

1

Case Type

Date Case Filed

Class Code and Description

John Doe

07/29/2013

IDis;ict No.

13rM¢h No.

Code

Current Court Officia-l

34001

~John

Doe

Case Status Information
La$l Activity !n Casa

Date

Next Scheduled (or to be scheduled) Activity in Ca$e

Date

D Jury Trial D

Bench Trial

0

Post-Judgment Case

D Other:

Additional information that will be helpful to the Chief JudgEl and lhEl Judg~ to be assigned. (s.g., Urns Umlts wf!lved or not waiVed. defendant in custody,
speedy trial demand, prior judicial substitutions or disqualifications, other a1tomays, stc.):

Attorney/Party lnformatlon
Othor AttorntJy($) (and role: e.g., GAL 1 Adversary Counsel, e1c.);

Reason for Assignment Application
Reason

Reason

Disqualification per Statute §757.19:

Application Ordor and Order of Assignment

Current Court Official Approval
Application Prepared by:
~Approved

O Denied (Explain):
Assignment Sourc6:

I!] It Is Ord~rad the judge named below is asstgned this case.

D This assignment is denied.
Shirley Abrahamson

Chief Ju.stioe

By: Electronically signed by
Voelker John
Chief Judge/D&pl,.lty Chi$( .Ji,Jdge/OCA/Director/Chief Justice

Novernb~r
D~t~

12 1 2013

November 14, 2013
Date

Name of Judge Assigned:
Gregory A. Peterson (#084/)

Gf·1£l8S(CCAP}, 04/0e Application and 0((ler for Specific Judicial Aaeignmant
Thh> form shall not bo mo~lfle<l,

SCR 70, §§75/,1$,

n may pe !,lupplamenteQ Wilh a<illltlon;;l matorlal.

801.56, Wlscon~!n

$t~tvlet>

Schmitz Affidavit 139

 STATE OF WISCONSIN
In lhe Matter of John Doe

P. 3

No. 4846

Dec. 6. 2013 3: 52 PM
DANE COUNTY

CIRCUIT COURT

For Offlclal Use Only

Application and Order
for Specific
Judicial Assignment

Assignment Number: 2013SP023017

Case No. 2013JD000009

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Case lnformatlQn
curnml Court Official

Code

Bronoh No.

0608

Barbara A. Kluka
Dale Caso Fl!od

'~·

.

Cia Em Codo and Doooriptlon

Caso Type

John Doe

08/21/2013

'Dls~rtct No.

34001 - John Doe

Case Status Information
La& I Aclivlty In Caso

Dal6

Ne>:l Scheduled (or to bo schadul~d) AciMty In Ca~m

Da!e

OJury Trial

D Bench Trial O Post-Judgmen! Case

OOlher:

Addlllonal lnfor,)l\'lliOI'IIhal will be helpful to the Chlar Judg& and lha Judg~ 10 ba ~&~lened. (ij,g,, Ume limits waived or not waived, dafaodant In ct.Jstody,
speedy lrfa! dt?roMd, prior judicial subsUlullona or dlsquaiiOcatlons, other ~1\omeya, etc.):
·-·

Attorney/Party lnformtJtlon
Olher Allomay(s} (-and fOIEJ: G.g., GAL, Adverotny Counsel. e!c.):

Reason for Assignment Application
Roa.SO(l

Dlsqualiflcallon per Statute §757, 19:

Current Court Official Approval
Appllcalion Prepared by:

Application Order and Order of Assignment
[!]It Is Ordered the judge named below Is ~ssigned this case.

D This asslgtnnenlls denied.

[!} Approved
O Denied {Explain}:

Shirley Abrahamson
Chief Justice

Assignment Sourw:

By: Electronically signed by

DCA Office

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Voelker. John
ChiM J~.tdge/Depuly Chler Judge/OCAJOircclor/Chlof Jusllca

Novembal' 06 1 2013
Dalo

November 11. 2013
Oa\1)

Name of Judge Assigned:
Gregory A. Peterson (#0847)

GF·16llS(CCAP). 04/09 Appl~t!Qnllnd Order tor Specmc Judfdal A!Hilgnrnanl
SCR 70, §§767.19, 001.68, Wu;comsln S!Blulna
Tlllt> rollll shall not be modtnnd. It may bQ qupplemonlod wllh addlllonal n;atorliJI,

Schmitz Affidavit 140

 STATE OF WISCONSIN
In the Matter of John Doe

CIRCUIT COURT

DODGE COUNTY

Application and Order
for Specific
Judicial Assignment

For

Of!ifJjltJe Only

. N THE CIRCUIT COURT

NOV 15 2013
DODGE COUNTY, WIS

Assignment Number: 20 13SP023185

Case No. 2013JD000006

LYNN M. HRON

Case Information
Current Courl Official

Branch No.

Code

Barbara A. Kluka

0608

Date Case Filed

Class Code and Description

Case Type

07/26/2013

'Dis;ict No.

2
34001 - John Doe

John Doe
Case Status Information

Last Activity in Case

Date

Next Scheduled (or to be scheduled) Activity in Case

Date

0

Jury Trial

0

Bench Trial

D Post-Judgment Case 0

Other:

Additional information that will be helpful to the Chief Judge and the Judge to be assigned. (e.g., time limits waived or not waived, defendant in custody,
speedy trial demand, prior judicial substitutions or disqualifications, other attorneys, etc.):

Attorney/Party Information
Other Attorney(s) (and role: e.g., GAL, Adversary Counsel, etc.):

Reason for Assignment Application
Reason

Reason

Disqualification per Statute §757.19:
Current Court Official Approval
Application Prepared by:

[!] Approved

D Denied (Explain):
Assignment Source:

Application Order and Order of Assignment
(!]It is Ordered the judge named below is assigned this case.
D This assignment is denied.
Shirley Abrahamson
Chief Justice
By: Electronically signed by
Voelker, John
Chief Judge/Deputy Chief Judge/DCNDirector/Chief Justice

November 12 2013

November 14, 2013

Date

Date

Name of Judge Assigned:
Gregory A Peterson (#0847)

GF-168S(CCAP), 04109 Application and Order for Specific Judicial Ass1
SCR 70, §§757.19, 801.58, Wisconsin Statutes
This form shall not be modified. It may ba supplemented with additional material.

Schmitz Affidavit 141

 (

STATE OF WISCONSIN

(
IOWA t:OUNTY

~1RCUIT COURT

In the Matter of John Doe

Application and Order
for Specific
Judicial Assignment

Assignment Number: 2013SP022984

For Official Use Only

FILED

Case No. 2013JD000001

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11-1'1-2013
Circuit Court, Iowa Co
L'ta N• Gus,
t Cl or~,,

Case Information
Current Court Official

IDis~rlct No.

Branch No.

Code

0608

Barbara A. Kluka

Case Type

Dato Case Filed

07-25-2013

Class Code and Description

John Doe

34001 - John Doe

Case Status Information
Last Activity in Case

Date

Next SchcdLjfed (or to be scheduled) Activity In Case

Dato

Unknown

0

Jury Trial

D Bench Trial D Post-Judgment Case D Other:

Additional information \hat will bo helpful to the Chief Judge and the Judge to be assigned (e.g., time limits waived or not waived, defendant In custody, speedy
trial demand, prior judicial substitutlons or disqualifications, other attorneys, etc.);

Attorney/Party Information
District Attorney

E.S.O.
John Doe

Hon. Barbara A. Kluka
Other
2013 38th St.
Kenosha, VVI 53140-5326

OUwr Altorney(s) (and role: e.g., GAL, Adversary Counsel, etc.):

Reason for Assignment Application
Reason

Other

Description

Present official requests reassignment

Current Court Official Approval
Application Prepared by:
TariM. Engels
0Approved
0Denied
Explain:

ent
red the judge named below is assigned this case.
nment is denied.
Shirley Abrahamson
Chief Justice
By: Electronically signed by
Voelker, John
Chief Judge/Deputy Chief Judge/DCNDirector/ChiHf Justice

November 11 , 20 13
Date

By:
Name of Judge Assigned:
Current Court Official

Gregory A. Peterson

Date
GF-168S(CCAP), 04109 Application and Order for Specific Judicial AssJgnmont

SCR 70, §§757.19, 801.58, Wlsconsln Statutes

This form shall not be modified. It may bo supplemented wfth additional material.

Schmitz Affidavit 142

 MILWAUKEE COUNTY

STATE OF WISCONSIN
CIRCUIT COURT
In the Matter of a John Doe Proceeding

For Official Uso Only

Application and Order
for Specific
Judicial Assignment

Case No. 2012JD000023

Assi nment Number: 2013SP022680

Case Information
Current Court Official

Code

Barbara A Kluka
Dato Caso Filed

1

Class Code and Description

Case Type

08/23/2011

District No.

Branch No.

0608
John Doe

34001 - John Doe

Case Status Information
Last Activity in Case

Date

Next Scheduled (or to be scheduled) Activity in Case

Date

OJury Trial

0

Bench Trial

D Post-Judgment Case

OOther:

Addilfonalinformatlon that will be helpful to the Chief Judge and the Judge lobe assigned. (e.g., time limits waived or not waived, defendant in custody,
speedy trfal demand, prior judicial substitutions or disqualifications, other attorneys, etc.}:

Attorne /Party Information
Other Attorney(s) (and role: e.g., GAL. Adversary Counsel, etc.):

Reason for Assignment Application
Reason

Reason

Disqualification per Statute §757.19:
Current Court Official Approval
Application Prepared by:

(!] Approved

Application Order and Order of Assignment
[!]It Is Ordered the judge named below is assigned this case.
D This assignment is denied.
Shirley Abrahamson
Chief Justice

D Denied (Explain):
Assignment Source:

By: Electronically signed by
Voelker, John
Chief Judge/Deputy Chief Judge/DCA/Dlrector/Chfef Justice

October 29 1 2013

November 04, 2013

Date

Date

Name of Judge Assigned:
Gregory A. Peterson (#084 7)

GF-168S(CCAP), 04109 Appllca!!on and Order for Specific Judicial Assignment .

--

SCH 70, §§757.19, 801.58, Wisconsin Statutes

This form shall not bo lllOd!fled. It may bo supphmwnted with additional material.

Schmitz Affidavit 143

 COPY
STATE OF WISCONSIN

COLUMBIA COUNTY

CIRCUIT COURT

IN THE MATTER OF A JOHN DOE PROCEEDING

Case No. 13JD000011

ORDER FOR COMMENCEMENT OF A JOHN DOE PROCEEDING

Based upon the Petition of District Attorney Jane E. Kohlwey and her supporting
Affidavit, I hereby find that there is reason to believe that violations of Wisconsin
Statutes §§11.26, 11.27, 11.38 and 11.61 (1 )(b) , pertaining to Limits on Campaign
Contributions, False Campaign Reports, and Contributions by Corporations, may have
occurred and that the crimes have been committed within the jurisdiction of Columbia
County and the jurisdiction of this court;
NOW THEREFORE I hereby authorize the commencement of a John Doe
proceeding, pursuant to Wis. Stats., Section 968.26.
Dated at Portage, Wisconsin, this 21st day of August 2013.

BY THE COURT:

~(!~
Reserve Judge
Columbia County, Wisconsin

FILED

AUG 2 9 2013
CIRCUIT COURT
COLUMBIA COUNTY

Schmitz Affidavit 144

 IN THE MATTER OF A JOHN DOE PROCEEDING

ORDER FOR COMMENCEMENT OF A JOHN DOE PROCEEDING

Based upon the Petition of District Attorney lsmael R. Ozanne and his supporting
Affidavit, I hereby find that there is reason to believe that violations of Wisconsin
Statutes §§11.26, 11.27, 11.38 and 11.61(1){b), pertaining to Limits on Campaign
Contributions, False Campaign Reports, and Contributions by Corporations, may have
occurred and that the crimes have been committed within the jurisdiction of Dane
County and the jurisdiction of this court;
NOW THEREFORE I hereby authorize the commencement of a John Doe
proceeding, pursuant to Wis. Stats., Section 968.26.
Dated at Madison, Wisconsin, this 21st day of August 2013.
BY THE COURT:

a;;J;ti
~a
d

,

Reserve Judge
Dane County, Wisconsin

Schmitz Affidavit 145

 COPY
STATE OF WISCONSIN

DODGE COUNTY

CIRCUIT COURT

IN THE MATTER OF A JOHN DOE PROCEEDING

Case No. 13JD000006

ORDER FOR COMMENCEMENT OF A JOHN DOE PROCEEDING

Based upon the Petition of District Attorney Kurt F. Klomberg and his supporting
Affidavit, I hereby find that there is reason to believe that violations ·of Wisconsin
Statutes §§11.26, 11.27, 11.38 and 11.61(1)(b), pertaining to Limits on Campaign
Contributions, False Campaign Reports, and Contributions by Corporations, may have
occurred and that the crimes have been committed within the jurisdiction of Dodge
County and the jurisdiction of this court;
NOW THEREFORE I hereby authorize the commencement of a John Doe
proceeding, pursuant to Wis. Stats., Section 968.26.
Dated at Juneau, Wisconsin, this 21st day of August 2013.
BY THE COURT:

~/2·kL
Reserve Judge
Dodge County, Wisconsin

FILED
IN THE CIRCUIT COURT
AUG 2 9 2013
Dodge County WI

lynnM. Hron

Clerk of Courts

Schmitz Affidavit 146

 COPY
STATE OF WISCONSIN

IOWA COUNTY

CIRCUIT COURT

IN THE MATTER OF A JOHN DOE PROCEEDING

Case No. 13JDO<f&G~~Court, Iowa County,
FILED

ORDER FOR COMMENCEMENT OF A JOHN DOE PROCEEDING

AUG

27

WI

2013

LIA N. GUST, CLERK
Based upon the Petition of District Attorney Larry E. Nelson and his supporting
Affidavit, I hereby find that there is reason to believe that violations of Wisconsin
Statutes §§11.26, 11.27, 11.38 and 11.61(1)(b), pertaining to Limits on Campaign
Contributions, False Campaign Reports, and Contributions by Corporations, may have
occurred and that the crimes have been committed within the jurisdiction of Iowa
County and the jurisdiction of this court;
NOW THEREFORE I hereby authorize the commencement of a John Doe
proceeding, pursuant to Wis. Stats., Section 968.26.
Dated at Dodgeville, Wisconsin, this 21st day of August 2013.
BY THE COURT:

~~-L~~~~~~~­
Reserve Judge
Iowa County, Wisconsin

Schmitz Affidavit 147

 STATE OF WISCONSIN

CIRCUIT COURT
CRIMINAL DIVISION

IN THE MATTER OF A
JOHN DOE PROCEEDING
COMMENCED ON SEPTEMBER _ _,2012

MILWAUKEE COUNTY

CASE No. 2012JD000023
,_

ORDER FOR COMMENCEMENT

L

1

FILED

SE~ ~62~]
JOhN Bl\f.'·~·~FlT
Cl(~t!< of_~_:-:uir Co!:rt
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Based upon the sworn testimony of Investigator Robert Stelter of the Milwaukee
County District Attorney's Office, and the Affidavit of Robert Stelter dated August 10,
2012, I hereby find that there is reason to believe that a crime has been committed
within the jurisdiction of this court, and I hereby authorize the commencement of a John
Doe proceeding pursuant to Wisconsin Statutes Sect~
Dated at Milwaukee, Wisconsin,

this~

day o

·

t-1.../', 2012.

,JDORDCOMM

Schmitz Affidavit 148