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A federal judge hearing arguments Wednesday in a lawsuit related to the halted John Doe probe into Gov. Scott Walker’s campaign poked at the Wisconsin Supreme Court’s rationale for ending the investigation.

Former Walker aide Cindy Archer filed the lawsuit last summer claiming Milwaukee County District Attorney John Chisholm violated her constitutional rights when his investigators executed a search warrant at her home in September 2011 as part of a John Doe investigation into Walker’s Milwaukee County office.

Chisholm also took a lead role in a second John Doe investigation into suspected coordination between Walker’s campaign and the Wisconsin Club for Growth. The Wisconsin Supreme Court ended the investigation last summer saying it was based on an invalid legal theory and ordered all evidence collected in the investigation be turned over to it. Chisholm may appeal the decision to the U.S. Supreme Court.

On Wednesday, U.S. District Judge Lynn Adelman heard arguments on whether to dismiss the Archer lawsuit, and also whether he should allow Chisholm to hold on to the evidence while the lawsuit plays out, potentially overriding the Wisconsin Supreme Court’s directive for him to return it.