Colorado Judge Rejects Attempt To Keep Trump Off Ballot

A judge in Colorado has said ‘no’ to an attempt to keep Donald Trump off of the state’s 2024 primary ballot based on the claim that Trump violated the 14th Amendment due to his actions (or inactions) taken during the violent January 6, 2021, invasion of the U.S. Capitol building. https://twitter.com/CNN/status/1725666326910226603 From CNN:

The major decision issued Friday by Colorado District Judge Sarah Wallace comes after judges in Minnesota and Michigan also refused to remove Trump from that state’s Republican primary ballots.

The 14th Amendment, ratified after the Civil War, says American officials who take an oath to support the Constitution are banned from future office if they “engaged in insurrection.”

But the Constitution doesn’t say how to enforce the ban, and it has only been applied twice since 1919 – which is why many experts view these lawsuits as long shots.

Citizens for Responsibility and Ethics in Washington, the group involved in the Colorado case, argued the case against Trump revolved around his heated political rhetoric following the 2020 election, including urging supporters to show up at the January 6 rally for a “wild” protest and to “fight like hell” to stop certification of Biden’s win. Judge Wallace agrees in her ruling that Trump did, in fact, incite an insurrection and therefore “engaged” in insurrection. From page 90 of the ruling:

The Court concludes, based on its findings of fact and the applicable law detailed above, that Trump incited an insurrection on January 6, 2021 and therefore “engaged” in insurrection within the meaning of Section Three of the Fourteenth Amendment.

First, the Court concludes that Trump acted with the specific intent to disrupt the Electoral College certification of President Biden’s electoral victory through unlawful means; specifically, by using unlawful force and violence. Next, the Court concludes that the language Trump employed was likely to produce such lawlessness.

Page 93:

The Court concludes that Trump acted with the specific intent to incite political violence and direct it at the Capitol with the purpose of disrupting the electoral certification.

But, Judge Wallace said since Section 3 of the 14th Amendment doesn’t specifically list the office of the presidency, the disqualification doesn’t apply to presidents. Here’s the actual language. Let me know what you think. I’ve underlined the language I believe applies to presidents.

Section 3 Disqualification from Holding Office No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.

https://twitter.com/rparloff/status/1725665207106633815 https://twitter.com/NBCNews/status/1725668282110263425