Wisconsin judge rules Trump aides must face trial in 2020 fake elector scheme

MADISON, Wis. — A Dane County judge on Monday ruled there is probable cause to proceed to trial in a felony forgery case against Jim Troupis, Trump’s campaign attorney in Wisconsin, and Mike Roman, Trump’s director of Election Day operations in 2020, for their roles in the 2020 fake elector scheme. The charges center on attempts to present a slate of Republican electors to Congress that would falsely claim Trump won Wisconsin in 2020, even though Democrat Joe Biden carried the state. The ruling keeps the case moving in Wisconsin even as related criminal investigations in Michigan and Georgia have stalled. A separate federal case accusing Trump of conspiring to overturn the 2020 election was dropped last year, and a Nevada case remains active.

Hyland ruled there were 11 felony forgery counts against Troupis and Roman stemming from their alleged actions to secure a Trump-faithful elector slate. Prosecutors say the defendants sought to present as legitimate a certificate awarding Wisconsin’s 10 electoral votes to Trump, not a document to be used only if a court later ruled that Trump had won the state. The defense argued that the actions did not amount to forgery. The judge noted that communications from the defendants indicated an intent to present the certificate as if it were a valid, on-time submission tied to a potential future court ruling. The preliminary hearing for a third person charged, former Trump attorney Ken Chesebro, was postponed amid questions about what statements he made to prosecutors that could be admitted at trial. Hyland said he would hold a separate hearing on whether Chesebro’s comments in an agreement with Wisconsin investigators could be admitted. The comments were voluntary, and there was no immunity deal in exchange for talking, said Assistant Wisconsin Attorney General Adrienne Blais, who labeled the defense move a sandbag.

The Wisconsin charges, brought by Democratic Attorney General Josh Kaul’s Department of Justice, allege that the three defrauded the 10 Republican electors who signed the Wisconsin certificate. The state’s only witness, a special agent with the state Department of Justice, detailed the allegations. Prosecutors contend Troupis, Chesebro and Roman lied to the electors about how the certificate they signed would be used as part of a plan to submit paperwork to then-Vice President Mike Pence, falsely claiming that Trump had won the battleground state that year. A majority of the electors told investigators they did not believe their signatures on the elector certificate would be submitted to Congress without a court ruling, and most said they did not consent to having their signatures presented as if Trump had won without such a ruling.

Lawrence Lessig, a Harvard Law School professor, was the only individual to testify for the defense. Lessig argued that if a later court ruling would have determined that Trump won Wisconsin, the state’s 10 electoral votes could be awarded to him only if a timely certificate was submitted by the Republican electors. In the context of Monday’s hearing, Lessig’s testimony was cited as part of the defense strategy to challenge the notion that the signing of the certificate constituted forgery. During the proceeding, Troupis accused the judge of bias and sought to move the case to another county, a bid Hyland rejected. Hyland said he and a staff attorney authored the order denying dismissal and found no basis for recusal.

The broader political backdrop remains unsettled. The Wisconsin case is the only active state case against the Trump aides in Wisconsin. None of the electors have been charged. The 10 Wisconsin electors, Chesebro and Troupis all settled a civil lawsuit brought against them seeking damages. Elsewhere, in Michigan and Georgia, related investigations have faltered, and a federal case charging Trump with conspiring to overturn the 2020 results was dropped last year, though Nevada’s case remains active. Wisconsin U.S. Sen. Ron Johnson has publicly urged the U.S. Department of Justice to investigate the allegations and potential wrongdoing tied to the 2020 elector scheme.

This story has been corrected to show that the attorneys who are charged formerly worked on Trump’s campaign but are still practicing attorneys.