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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.

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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.

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Update:

A Wisconsin judge ruled Monday there is enough evidence to proceed to trial in a felony forgery case against an attorney and an aide to President Donald Trump for their role in the 2020 fake elector scheme.

Dane County Circuit Judge John Hyland ruled that there was probable cause to proceed with the 11 felony forgery charges against Jim Troupis, who was Trump’s campaign attorney in Wisconsin, and Mike Roman, Trump’s director of Election Day operations in 2020.

The preliminary hearing of a third person charged, former Trump attorney Ken Chesebro, was postponed amid questions about what statements the man made to prosecutors that could be admitted in court.

— Scott Bauer, The Associated Press

Original story:

Five years after the 2020 presidential election, state-led cases against individuals involved in “fake elector” plans to overturn that year’s election results in favor of President Donald Trump have hit roadblocks.

Just this fall, a judge in Michigan dismissed the state’s case against 15 people accused of falsely acting as electors to certify the presidential election for Trump in 2020. A Georgia prosecutor, who took over that state’s case in November after the district attorney was removed, dropped the charges against Trump and other people who were accused of 2020 election interference in the state. 

But unlike Michigan and Georgia, Wisconsin’s criminal case has not faced such legal stumbles so far. A preliminary hearing in the criminal case against former Trump campaign attorneys Kenneth Chesebro and Jim Troupis and former campaign aide Michael Roman was held Monday morning in Dane County Circuit Court. 

Legal experts said Wisconsin’s case at this point differs from those in Michigan and Georgia in key ways. There have been no major scandals so far, no changes have been made to people overseeing the case, and Wisconsin’s prosecution has a narrower focus than those in other states, said Lori Ringhand, a constitutional and election law professor at the University of Georgia School of Law. 

“The prosecution isn’t of the electors,” Ringhand said. “It’s of the actual people, the very high-level Trump campaign people, attorneys who are accused of facilitating the entire scheme.” 

Democratic Wisconsin Attorney General Josh Kaul in June 2024 charged Chesebro, Troupis and Roman with 11 felony forgery counts each for generating documents that falsely claimed Trump won Wisconsin in 2020. The three men allegedly originated the fake electors plan in Wisconsin that spread to other swing states across the country with close vote margins between Trump and former President Joe Biden. 

Wisconsin’s focus on Chesebro, Troupis and Roman could be a stronger case than if the state focused on the slate of false electors, Ringhand said. That’s because it’s hard to prove intent in the cases targeting just electors. 

In the Michigan case, the Associated Press reported the judge in September said that the state failed to prove the electors had intended to commit fraud. A majority of the Wisconsin false electors said they did not believe their signatures certifying a Trump election in the state would be sent to Washington, D.C., according to an amended criminal complaint filed in December 2024. 

“Against the electors themselves, I think it was going to be difficult to prove that they were intending to do something false or fraudulent, as opposed to just creating backup slates,” Ringhand said. “That evidence may look different with these people who are the very high-level organizers of the kind of nationwide effort to create these slates in order to perpetuate this narrative or create challenges or confusion on the House floor.” 

The case in Georgia, which included Trump as a defendant, was marred by scandal as Fulton County District Attorney Fani Willis was ultimately disqualified after news surfaced that she had a romantic relationship with a member of her prosecution team. That slowed the legal process, Ringhand said, and the new prosecutor saw challenges in the time delays and potentially prosecuting a sitting president. 

While Wisconsin’s case hasn’t faced these obstacles, some could surface in the future, said Jeff Mandell, general counsel and co-founder of Law Forward. The organization filed a civil case against the state’s false electors, which was settled in 2023. 

Mandell pointed out that it’s already taken the state a year and a half to just reach a preliminary hearing. The defendants this year have sought multiple times to dismiss the charges. Troupis, a former Dane County judge, last week requested all Dane County judges be prohibited from overseeing the case “to avoid the appearance of bias or impropriety.” Additionally, the Associated Press reported Friday that Wisconsin U.S. Sen. Ron Johnson asked the U.S. Department of Justice to investigate allegations from Troupis that the judge overseeing his case is guilty of misconduct.

More efforts to delay and “throw sand in the gears” could show up as the Wisconsin case advances, Mandell said.

“It wouldn’t surprise me in the least if one of the things the defendants have in mind is trying to make sure they don’t go to trial until after the 2026 election,” Mandell said. “Maybe they think there’s going to be a new attorney general who will drop the charge.”

Kaul is seeking reelection as attorney general next year. Fond du Lac County District Attorney Eric Toney, a Republican who ran against Kaul in 2022, announced in October his plan to challenge Kaul again in 2026. 

Trump in November pardoned those involved in efforts to overturn the 2020 election results, including the three from Wisconsin still facing prosecution, but that action only protects those people from federal prosecutions.

Wisconsin prosecution of 2020 fake elector scheme moves ahead as other state efforts falter is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.