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Court asked to keep documents secret in probe
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By M.L. Johnson

Associated Press

MILWAUKEE - A federal appeals court's mistaken disclosure of documents related to a secret investigation into whether Gov. Scott Walker's recall campaign illegally coordinated with conservative groups "caused real harm to real people," attorneys said in a request for the court to keep all other documents private.

A clerk for the 7th Circuit U.S. Court of Appeals mistakenly posted four documents online Friday that included excerpts from emails showing Walker's recall election campaign team told him to instruct donors to give to a key conservative group that would run ads for Walker and distribute money to other groups backing him. The documents were available briefly on a court website before they were taken down.

In a motion filed Saturday on behalf of two unnamed individuals, attorneys said the documents revealed private information about people who have not been charged with crimes and who have done nothing wrong.

"People who are not public officials and not even public figures had their political views and political associations revealed to the world for idle public comment," attorneys said. "For that matter, the public now knows where some of them do their banking and who does their taxes; the legitimate public interest in that is nil."

The appeals court has gradually been releasing certain documents in the case, mostly briefs and other legal filings. But those documents refer to investigators' statements, bank statements, emails and other materials.

Attorneys for the unnamed individuals asked the appeals court to keep all documents related to the case private, at least until additional briefs are filed leading up to oral arguments on Sept. 9.

A federal judge in Milwaukee halted the secret probe in May after a conservative group, Wisconsin Club for Growth, filed a lawsuit alleging the investigation violated its free speech rights. The prosecutor leading the probe is appealing that decision.

The documents released Friday showed that prosecutors believe Walker personally solicited donations for Wisconsin Club for Growth to get around campaign finance limits and disclosure requirements as he fended off the recall attempt spurred by anger over his signature union law.

Aides told Walker to tell donors in 2011 that they could make unlimited donations to Wisconsin Club for Growth without having the gifts publicly disclosed. It's not clear whether Walker followed the instructions from his team, but the documents say millions of dollars later moved from donors he was set to speak with to Wisconsin Club for Growth, which in turn funded groups backing Walker in the 2012 recall election.

Walker told the Milwaukee Journal Sentinel on Saturday that he helped solicit contributions to Wisconsin Club for Growth in 2011 primarily to help Republican state senators who faced recalls.