In Wisconsin, a judge has determined that two of former President Donald Trump’s previous advisers will face trial over accusations of attempting to overturn the 2020 election results by falsely declaring a Trump victory in the state. This decision involves James Troupis, a former attorney for the Trump campaign, and Michael Roman, an ex-aide, both of whom are charged with 11 counts of felony forgery for allegedly orchestrating a plan where “fake electors” would falsely assert Trump’s win.

Dane County Circuit Judge John Hyland announced there is sufficient evidence to proceed with the trial during a hearing on Monday. Meanwhile, the case against Kenneth Chesebro, another defendant linked to the situation, will be evaluated separately. According to the Milwaukee Journal Sentinel, prosecutors have requested that Chesebro’s case be severed from the others.

All three defendants have sought to have the charges dismissed, with Troupis specifically requesting a change of venue, as reported by the Associated Press.

On Monday, Troupis argued that his constitutional rights were being violated, claiming that state prosecutors were relying heavily on the criminal complaint instead of the testimony of a special agent. In his filing, Troupis emphasized the importance of scrutinizing the criminal complaint, stating, “A defendant must get a chance to test the criminal complaint,” as quoted by the Journal Sentinel. He further argued that the court should dismiss the state’s “reader-witness” if that individual lacks comprehensive knowledge of the case. This legal principle, he noted, has been upheld in Wisconsin for over a century.

On Monday, Troupis filed a motion alleging that his constitutional right to be protected from government overreach was being violated because state prosecutors were relying on the criminal complaint against him rather than the special agent being used as a witness.

“[A] defendant must get a chance to test the criminal complaint,” Troupis wrote on the filing, according to the Journal Sentinel. “That”s been the law in this State for over 100 years … Against this backdrop, this Court should shut down the State’s ‘reader-witness’ if he does not have sufficient knowledge of the case.”

Hyland rejected this argument, saying the agent referring to the criminal complaint to answer questions was allowed.

Former President Joe Biden defeated Trump in Wisconsin by more than 20,000 votes in the 2020 presidential election. Trump sought recounts in multiple counties, and both reaffirmed Biden’s win.

However, according to state prosecutors, Troupis, Roman, and Chesebro hatched a plan to secure signatures from a group of Republican Wisconsin officials declaring that Trump was victorious in their state. These individuals have since acknowledged that Biden was the rightful winner and claimed they were misled about how their signatures would be used.

In 2024, Wisconsin Attorney General Josh Kaul brought the forgery charges against the three men. As Law&Crime previously reported, the men face a maximum sentence of six years in state prison if convicted of the forgery charges.

The case is similar to others brought in different states, such as Georgia, Michigan, and Nevada.

The cases in the former two states have been tossed out. In Nevada, a judge ruled last month that the case against the “fake electors” can move forward.

Still, the Wisconsin case is different from the others, Lori Ringhand, a constitutional and election law professor at the University of Georgia School of Law, told local news nonprofit Wisconsin Watch.

“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.”

Trump still largely maintains — more than five years later and without credible evidence — that he won the 2020 election.