Amid report, Kaul remains tight-lipped on investigating plot to overturn 2020 election

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MADISON, Wis. (CBS 58) -- Wisconsin's top prosecutor is remaining tight-lipped about whether the state Department of Justice has launched an investigation examining the plot to overturn the 2020 election.

Democratic Attorney General Josh Kaul declined to confirm or deny an investigation into former President Donald Trump's plan to send fake elector paperwork to Washington D.C. claiming Trump won Wisconsin, despite a CNN report saying state investigators are involved.

On Friday, CNN reported pro-Trump attorney Kenneth Chesebro is cooperating with Wisconsin investigators probing the fake elector scheme.

If true, it would be the first indication that Wisconsin has their own investigation. However, Kaul downplayed the DOJ's involvement during an interview with CBS 58.

"We are not confirming or denying the existence of an investigation, but I do think anyone who committed crimes to overturn the results of the election should be held accountable," Kaul said.

Chesebro, a Wisconsin native, pleaded guilty to one felony count of conspiracy in Georgia last month and agreed to testify in an upcoming trial about the plot to subvert the election results.

He's also cooperating with three other states and has entered agreements to try and avoid criminal charges, according to CNN.

Wisconsin is one of seven states targeted by the Trump campaign in 2020.

Last week, 10 Wisconsin Republicans who posed as fake electors reached a settlement in a civil lawsuit.

Under the terms of the agreement, the Republicans admitted their actions were part of an effort to overturn the 2020 election and agreed to never serve as presidential electors for Trump, or in 2024. They did not admit any guilt.

Chesebro and Jim Troupis, a Trump attorney, are named as defendants in Wisconsin's fake elector lawsuit. They are scheduled to go to trial in September, two months before the 2024 presidential election.

Officials in Georgia, Michigan and Nevada have all announced they've filed charges against those who falsely signed papers claiming to be electors for Trump.

Investigations are also underway in Arizona and New Mexico.

When asked why he's shielding the public from a possible investigation into Trump attorneys or the 10 fake electors from Wisconsin, Kaul said, the "facts and circumstances vary from state to state."

"The law varies from state to state," he said. "Everybody who has made decisions about what they are saying, I think is doing that consciously, but for us, our general approach is not to confirm or deny the existence of ongoing investigations."

The 10 Wisconsin Republicans have maintained they were only following their lawyers' guidance and submitted their own electoral votes in case a Trump lawsuit challenging the results would be successful.

Bob Spindell, a Republican who serves on the bipartisan Elections Commission and signed paperwork falsely stating Trump won, is facing calls to step down.

Democrats, including Secretary of State Sarah Godlewski, urged Spindell to resign Monday after the fake electors avoided paying any damages and did not admit any wrongdoing in their settlement agreement.

Kaul declined to comment whether he believes Spindell should be removed.

Spindell was appointed to a five-year term in 2021 by Senate Majority Leader Devin LeMahieu.

LeMahieu told the Associated Press he will not rescind Spindell’s appointment and said in a statement fake electors invoked a “failed legal strategy” and “not a sinister plot to overturn an election.”

Multiple reviews, court rulings, and recounts in Wisconsin have upheld Biden's victory over Trump.

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