Colorado Judge Rules on Trump's 2024 Ballot Eligibility under the Insurrectionist Ban

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ICARO Media Group
Politics
18/11/2023 23h02

In a significant ruling, a Colorado judge has delivered a verdict on former President Donald Trump's eligibility for the state's 2024 ballot, based on the 14th Amendment's insurrectionist ban. The 102-page decision reads like a condemnation, although it ultimately allowed Trump to remain on the ballot. The ruling marks another legal victory for the GOP frontrunner, who has successfully defended his candidacy in other key states such as Michigan and Minnesota, despite ongoing appeals.

The 14th Amendment, ratified after the Civil War, states that officials who engage in insurrection are barred from holding future office. However, the enforcement mechanism for this ban remains undefined, and it has been applied only twice since 1919, leading experts to view these lawsuits as long shots.

Legal experts predict that the Supreme Court may be called upon to weigh in on this matter before the 2024 primaries commence. While the Colorado ruling is not binding on other courts, it holds significant weight as the most extensive fact-finding endeavor conducted by a judge regarding Trump's attempts to overturn the 2020 election. Furthermore, the ruling could potentially impact future challenges brought forth during the general election or even as an attempt to prevent Trump from assuming office if he were to win in the next November.

Judge Sarah Wallace of the Colorado District concluded, based on testimonies from US Capitol Police officers, lawmakers, clips from Trump's January 6, 2021, speech, and expert testimony about right-wing extremism, that Trump indeed engaged in the January 6 insurrection. This represents a crucial legal hurdle that the challengers were able to surpass, as it is the first time a court in the United States ruled Trump's participation in the insurrection. This represents a pivotal moment in the pursuit of accountability for the events of January 6.

Wallace determined that Trump "actively primed the anger of his extremist supporters" and "acted with the specific intent to incite political violence and direct it at the Capitol." Moreover, she argued that Trump acted with the intention of disrupting the Electoral College certification of President Biden's victory through unlawful means. Although this lawsuit is not a criminal case, it closely aligns with federal criminal charges filed by special counsel Jack Smith, who accused Trump of unlawfully obstructing the Electoral College proceedings.

A significant aspect of the ruling was Wallace's thorough legal analysis of Trump's speech at the Ellipse, dedicating 17 pages to examine whether his words met the legal standard of inciting violence. Trump and his lawyers consistently argued that his rhetoric that day falls under protected speech, citing Supreme Court precedents. However, Wallace rejected these arguments, concluding that his speech was "intended as, and was understood by a portion of the crowd as, a call to arms." The judge stated that Trump's speech incited imminent lawless violence by repeatedly urging the crowd to "fight" and "fight like hell," to "walk down to the Capitol," and to "take back our country" through "strength." She further noted that Trump encouraged the crowd by suggesting they could play by "very different rules" due to the alleged fraudulent election.

Despite these incriminating findings, Wallace ruled on narrow grounds, determining that the insurrectionist ban in the Constitution does not apply to presidents. The provision specifically bars individuals who took an oath to "support" the Constitution from holding office if they engaged in insurrection. However, it does not explicitly mention the presidency, and the presidential oath does not involve "supporting" the Constitution, but rather "preserving, protecting, and defending" it. Wallace explained that for reasons unknown, the drafters of Section Three did not intend to include a person who had only taken the Presidential Oath. She acknowledged that the omission's intention or oversight was not for the court to decide, highlighting that Trump, as the first president who never served in government before assuming office, never swore the oath to "support" the Constitution that other officials do.

Moreover, the judge embraced key elements of the House January 6 committee report, dismissing contentions from Trump's legal team that the panel was inherently biased. The committee, comprised of Democrats and two anti-Trump Republicans, held Trump responsible for inciting the insurrection and recommended his disqualification under the 14th Amendment. Wallace deemed the committee's report as reliable and trustworthy evidence. This decision played a crucial role as the anti-Trump challengers based their legal challenge on the findings of the panel.

For years, Trump has vehemently criticized the now-defunct January 6 committee, denouncing its members as "thugs and scoundrels" who propagated a "monstrous lie" about his involvement in the insurrection. Trump's lawyers attempted to discredit the committee's conclusions and provided evidence during the trial to challenge its findings. However, their efforts fell short, failing to provide credible evidence that would undermine the factual findings of the January 6th Report, according to Wallace.

The ruling in Colorado sets an important precedent regarding Trump's role in the insurrection and his eligibility for future electoral endeavors. Although he was allowed to remain on the state's 2024 ballot, the comprehensive findings by Judge Sarah Wallace could potentially impact future legal challenges and debates surrounding Trump's actions. As the legal battles continue, it remains to be seen how the Supreme Court and subsequent court proceedings will shape the path to accountability for the events of January 6th.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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