Penebaker v. Hitt
ICAP and Law Forward represent Wisconsin taxpayers, voters, and presidential electors in a lawsuit against the fraudulent electors and their co-conspirators who sought to have their votes for Trump and Pence counted on January 6 instead of the votes of the legitimate presidential electors whose ballots represented the will of the Wisconsin voters.
- 12/6/23 – Entered a settlement with the ten defendants who met at the Wisconsin State Capitol on December 14, 2020, and falsely signed papers certifying that they were Wisconsin’s presidential electors, and filed a stipulation of dismissal, which the court entered by order dated 12/7/23. Under the settlement, the ten individuals acknowledged that their false electoral votes were used to as part of an effort to overturn the results of the 2020 election and disrupt the peaceful transfer of presidential powers; affirmed that President Biden won the 2020 presidential election; and agreed not to serve as electors in the next election or to sign a certification in any future election in which they are not duly certified electors under Wisconsin state law. Further details are available in the press release issued by ICAP and our partner Law Forward. As part of the settlement, we are authorised to publish over 500 pages of discovery materials. The case continues as to two remaining defendants
- 8/10/23 – Order issued by the Wisconsin state court denying in substantial part defendants’ motions to dismiss and allowing the case to proceed to discovery, finding that the complaint adequately alleged claims for civil conspiracy, public nuisance, and quo warranto (unlawful usurpation of public office) against the Wisconsin fraudulent electors.
- 6/21/23 – Filed a brief in Wisconsin state court opposing defendants’ motion to strike certain sections from our complaint that provide important context for their actions
- 6/21/23 – Filed a brief opposing defendants’ motion to dismiss in Wisconsin state court
- 3/24/23 – Filed an amended complaint in Wisconsin state court
- 2/10/23 – Order issued by U.S. District Court for the Western District of Wisconsin remanding case back to Wisconsin state court
- 5/17/22 – Filed a complaint in Wisconsin state court