Recent legal proceedings involving Wisconsin Attorney General Josh Kaul's office and its treatment of alternate electors from the 2020 presidential election. Critiques have been raised about whether Kaul undermined his own case by previously stating that the actions of alternate electors were legal.
1. Background of the Case:
• Wisconsin's alternate electors met during the 2020 election and were later charged with forgery and fraud by Kaul's office. This move occurred amid ongoing presidential campaigns leading to 2024.
• President Trump had pardoned several alternate electors, but the Wisconsin prosecutions were still pursued by Democratic prosecutors.
2. Conflicting Assertions:
• Kaul previously stated in December 2020 that alternate electors could legally meet and cast votes. He argued that there was no risk of their votes not being counted if a legal challenge changed the election outcome.
• This assertion has been used by defense lawyers as evidence that the charges of forgery against them are unwarranted.
3. Subsequent Legal Opinions:
• On February 9, 2022, Kaul’s office advised the Wisconsin Election Commission that the actions of the alternate electors did not violate any laws.
• The dissenting group, Law Forward, alleged that the alternate electors were committing fraud and forgery by attempting to claim official electoral status without being authorized.
4. Reactions and Legal Consequences:
• Legal experts, including defense lawyers for the alternate electors, argue that Kaul's previous wins legal backing cannot be ignored in the current cases.
• The case has extended beyond just legal implications, with suggestions that the Department of Justice should intervene due to the ongoing state prosecutions.
5. Recent Developments:
• Troupis, a key attorney involved with the electors, noted in his comments that Kaul's office had previously supported the use of alternate electors, raising questions about the legitimacy of current charges.
• In March 2024, Troupis settled a related civil case without admitting wrongdoing but agreed not to participate in alternate elections in the future.
6. Statements from Kaul and Law Forward:
• Kaul announced a criminal complaint against Trump supporters for participating in a conspiracy related to the alternate electors.
• Law Forward claims that previous opinions from Kaul's office were misrepresented by defendants, stressing that while some actions were not illegal, other possible violations remain.
7. Broader Context:
• Similar alternate slates of electors were formed in other states, leading to legal challenges there as well.
• The issue is complicated by potential federal law implications regarding presidential pardons and the nature of electoral processes, which some argue should not be subjected to state laws.
The ongoing legal disputes surrounding Wisconsin's alternate Trump electors reveal significant tensions between state and federal interpretations of electoral law. The actions and statements from the Wisconsin Attorney General's office raise questions about the legality of the electors' conduct and the political motivations behind the current prosecutions. Legal experts and affected parties continue to navigate this complicated landscape as the implications of these cases unfold in the lead-up to the next presidential election.
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