“Prosecuting the Fake Electors: Wisconsin Case Study and Template for Other States”

Gretchen Knaut and Shan Wu in Just Security:

Following his defeat in the 2020 presidential election, former President Donald Trump and some of his close associates seized upon an array of fringe legal theories in their efforts to overturn Joe  Biden’s victory. On the basis of one such theory, they assembled slates of Trump “presidential electors” in swing states that Biden had won. They attempted to submit these “alternate slates” to the joint session of Congress on January 6th in the hopes of flipping or casting doubt on enough Electoral College votes to secure a Trump presidential victory. The scheme targeted seven swing states, of which reportedly only one has an active criminal investigation by state or local authorities as of the time of writing. That is a gaping absence, especially given the incriminating evidence produced by the January 6th Committee, and the Justice Department’s decision to launch its own criminal investigation of the scheme. In response to this gap, we have separately produced a report that selects one of the remaining six states, Wisconsin, as a case study for pursuing criminal investigations and potential prosecutions at the state level….

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