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This week marked the fifth anniversary of the Jan. 6 insurrection, in which supporters of President Trump stormed the U.S. Capitol, demanding that then-Vice President Pence overturn the will of the people. Efforts to impose accountability for those responsible and those involved have largely ended — except in Wisconsin. This means that Wisconsin has the opportunity, and the responsibility, to re-assert the rule of law, to ensure justice, and to bolster the foundations on which American democracy has been built over the past 250 years.

As we assess the state of our democracy in light of this somber anniversary, let’s start with the bad news: 

• The U.S. Supreme Court derailed efforts by states to enforce the 14th Amendment’s prohibition against insurrectionists serving in federal office, and then it invented an ahistorical and jaw-droppingly broad doctrine of presidential immunity to derail criminal prosecutions of Trump in state and federal courts alike. 
• Federal prosecutions of the violent mob in the Capitol were upended by Trump’s Department of Justice, and Trump issued sweeping federal pardons to every individual connected with Jan. 6, effectively encouraging them to keep it up. 
• State prosecutions of the fraudulent electors — those who executed an unprecedented effort to overturn the 2020 election by submitting to Congress (and other officials) paperwork that falsely declared Trump to have won seven key states that he in fact lost and thereby laying the groundwork for the Jan. 6 rioters to violently demand Pence validate their efforts — have faltered, often for reasons unrelated to the merits of those actions. 

But here in Wisconsin there are still grounds for hope. Hope that bad actors who deliberately took aim at our democracy will be held accountable. Hope that our institutions will stand up and protect our democracy from further meddling by those most directly responsible. And hope that those institutions will act promptly to prevent further damage. Every Wisconsinite should be watching the following accountability efforts — and urging our elected officials to use their authority to advance the rule of law and protect our democracy. 

First, the Wisconsin Supreme Court will soon determine the appropriate sanction for Michael Gableman’s ethical transgressions as he spearheaded a sham “investigation” of the 2020 election. Gableman, who once served on the Wisconsin Supreme Court, accepted this job despite his own assessment that he did not understand how elections work in Wisconsin. He wasted taxpayer funds, undermined government transparency laws, dealt dishonestly with his clients and the public, lied to and insulted courts, and tried to jail the elected mayors of Green Bay and Madison. In March 2023, Law Forward filed an omnibus ethics grievance, documenting Gableman’s myriad breaches of the ethics rules that bind all Wisconsin attorneys. Last summer, Gableman stipulated that he had no viable defense of his conduct and agreed with the Office of Lawyer Regulation to jointly recommend his law license be suspended for three years. (He is now trying to wriggle out of accountability by serially pushing justice after justice to recuse.) 

Wisconsin precedent is clear that, where a lawyer is charged with multiple ethical breaches, the proper sanction is determined by adding the sanctions for each breach together. The Court should apply established law, which demands revoking Gableman’s law license. Then the Office of Lawyer Regulation and the Court should act on our requests to hold Andrew Hitt (chairman of the Wisconsin fraudulent electors) and Jim Troupis (chief Wisconsin counsel to Trump’s 2020 campaign and ringleader of the fraudulent-elector scheme) accountable as well.

Second, the primary architects of the fraudulent-elector scheme, detailed in records  obtained through Law Forward’s groundbreaking civil suit, are also facing criminal prosecution in Dane County. Attorney General Josh Kaul’s case is narrowly focused only on three lawyers — two who were based here in Wisconsin, and one working for the Trump campaign in DC — who conceived and designed the scheme to overturn Wisconsin’s results and then convinced six other states to follow suit. Troupis, who himself was appointed to the Wisconsin bench by former-Gov. Scott Walker as a reward for his key role in the 2011 partisan gerrymander, has gone to great lengths to slow down this prosecution, which Kaul initiated in June 2024. He filed nine separate motions to dismiss the case. He accused the judge hearing preliminary motions of misconduct and insisted that the entire Dane County bench should be recused. And now he has appealed the denial of his misconduct allegations. This case, since assigned to a different Dane County judge, will proceed, and it is the best hope anywhere in the country to achieve accountability for the fraudulent-elector scheme. 

Third, on behalf of the Wisconsin Democracy Campaign and two individual voters, Law Forward is suing Elon Musk and two advocacy organizations he controls for their brazen scheme of million-dollar giveaways to influence the 2025 Wisconsin Supreme Court election. This case is about ensuring that Wisconsin elections are decided by Wisconsin voters, not by out-of-state efforts to buy the results they want for us. We’re waiting for the trial court to decide preliminary motions, but, with another Wisconsin Supreme Court election imminently approaching, there is urgency to clarify that Wisconsin law forbids the shenanigans we saw last year, which contributed to the most expensive judicial race in American history. 

Beginning in 2011, Wisconsin became the country’s primary testing ground for the most radical anti-democratic ideas. From Act 10 to one of the strictest voter ID laws in the country, from subverting the separation of powers and steamrolling local control over local issues to hobbling the regulatory state and starving our public schools, Wisconsin’s gerrymandered Legislature adopted idea after idea hostile to democracy. With the end of the nation’s most extreme and durable partisan gerrymander in 2023 and a change in the makeup of the state Supreme Court, however, the tide in Wisconsin has ebbed somewhat. 

Now, improbably, Wisconsin is the place that democracy can best hold the line. We can create accountability for those who have abused power, have undermined elections, and have diminished the ideals and institutions of our self-government. That, in conjunction with Law Forward’s broad docket of work to defend free elections and to strengthen our democracy, sustains my hope.

Protesters supporting U.S. President Donald Trump break into the U.S. Capitol on January 6, 2021, in Washington, D.C. (Photo by Win McNamee/Getty Images)

Five years ago today we were transfixed by the surreal spectacle of the attack on the U.S. Capitol. The violence and horror of that day was made more bearable when the insurrectionists were arrested and the election results they tried to overturn were certified.

But now they’re back, pardoned by President Donald Trump, released from prison and planning to parade triumphantly today through the streets of Washington, D.C. 

Among the people convicted and later pardoned by Trump, at least 33 have been arrested and charged with new crimes, according to the watchdog group Citizens for Responsibility and Ethics in Washington. Their alleged continuing criminal behaviors include rape, illegal possession of weapons, firing on police officers, and, in the case of Chrisopher Moynihan, threatening to murder House Minority Leader Hakeem Jeffries. 

Some of the most violent offenders are back behind bars. But the most powerful proponents of the Big Lie, including Trump himself, the enablers who staff his administration and the Wisconsin Republicans who hatched the fake electors scheme to try to overturn the results of the 2020 election, continue to work to undermine our democracy. 

“We must continue to defeat election deniers and the threats they pose,” the Wisconsin-based progressive firm Law Forward declares on its website, in a section devoted to a timeline of the fake electors scheme. Law Forward brought the first class-action lawsuit against the fake electors, and forced the release of documents, text messages and other evidence showing how the plot unfolded, starting in Wisconsin. They present the timeline “as a call to action for every American to see how close our democracy came to toppling and how the freedom to vote must continue to be protected, not taken for granted.” 

For a few years it seemed as though we had dispelled the nightmare of Jan. 6. But the lawless, emboldened second Trump administration has dragged us back to that scary, dangerous time.

The brave work of people like Jeff Mandell, founder of Law Forward, and the other lawyers, judges and investigators who continue to struggle against the agents of authoritarianism trying to destroy American democracy is still making a difference. 

Last month, Dane County Judge John Hyland found probable cause to continue the trial of Wisconsin attorney James Troupis and Trump campaign aide Mike Roman, charged with felony forgery by Wisconsin Attorney General Josh Kaul in connection with the fake electors scheme. Hyland  rejected Troupis’ desperate effort to scuttle the case by claiming another judge had a personal bias against him.

Wisconsin attorney Ken Cheseboro, the originator of the fake electors plot, is also facing felony charges.

As Trump and his gang openly defy the U.S. Constitution, pursue baseless, vindictive prosecutions of their political enemies, launch military actions without the consent of Congress, threaten to seize other countries and use their positions to enrich themselves while destroying the public welfare, it feels as through that dark moment on Jan. 6 when American democracy was under physical attack was just the beginning.

But as Mandell told me last year, a few months after Trump took office, “I think building a stronger, more resilient democracy in Wisconsin is its own form of resistance.”

“When things feel most shocking and unstable at the federal level,” at the state and local level, Mandell said, “we can show our institutions still work and provide some reassurance.” 

We need that reassurance today more than ever.

“We are slow to realize that democracy is a life and involves continual struggle,” said Robert M. La Follette, the great governor and senator from Wisconsin and founder of the Progressive movement. I’m grateful for the Wisconsinites today who, like La Follette, are committed to that life and willing to continue the struggle.