MacIver points out this nugget in the DOJ’s report.
Shane Falk, the GAB’s lead attorney on the John Doe probe, responded the question had been a concern from the beginning.
“…(I)f we know that the Judge is unlikely to allow use of records, or it will take too much time to release them publicly, or that any immunity may negate potential civil claims,” Falk wrote to Landgraf. But Falk knew then that the John Doe judge wasn’t likely to allow illegally seized records to be used.
Here is where Falk looks for an end-around.
“Can we solve the records problem by just issuing new subpoenas from the GAB based on the information gleaned from the JD investigation? Just thinking,” he wrote to Milwaukee County Assistant DA David Robles. Again, the John Doe judge months before had quashed John Doe subpoenas.
Anyway, the short answer was no. Such emails illustrate the kind of scheming that went on to keep the abusive probe alive.