In a 70-page filing submitted to the Supreme Court on Friday, attorneys representing voters challenging former President Donald Trump's eligibility to return to the White House emphasized that Trump is attempting to evade the evidence of his involvement in stoking the attack on the Capitol three years ago. The filing stated that the essence of Trump's position is more political than legal, as he subtly threatens "bedlam" if he is not included on the ballot.

The lawyers argue that the "insurrection clause," a constitutional amendment dating back to the Civil War era, disqualifies individuals from holding federal office if they engage in insurrection after taking an oath to support the Constitution. They contend that Trump's role in the January 6, 2021, attack renders him ineligible based on this amendment, given his oath-breaking and incitement of violence.

In their own Supreme Court brief, the lawyers for the voters note that Trump did not dispute that the January 6 attack constituted an insurrection. However, they highlight that he made only a perfunctory attempt to disclaim his role in it. Instead, Trump primarily argues that the 14th Amendment, which includes the insurrection clause, does not apply to presidential candidates, and that his exhortations to the crowd were protected free speech.

The case at hand is an appeal of a decision by the Colorado Supreme Court, which ruled in December that Trump is ineligible to run for office. The Supreme Court has agreed to consider Trump's appeal on an expedited basis. Notably, the Colorado decision was the first of its kind in the United States, with Maine's secretary of state making a similar decision shortly after. However, Trump is likely to appear on at least the primary ballot in both states.

Attorneys representing the voters, including the liberal government watchdog Citizens for Responsibility and Ethics in Washington, argue that Trump has no substantial defense against the claim that he engaged in insurrection. They assert that Trump purposely assembled an angry and armed crowd that he had been inciting for months and was aware of its preparedness for violence.

The filing from the voters' attorneys seeks to counter several arguments raised by Trump, including the assertion that the insurrection clause does not apply to the presidency and that enforcement lies solely with Congress. Numerous "friend of the court" briefs have been filed in support of Trump, with nearly 200 Republican members of Congress, over two dozen GOP-led states, and the Justice Department among those backing his position.

In an unusual move, the Colorado voters submitted their briefing five days before the deadline. Briefs from outside parties supporting the challengers are also due next Wednesday. Many legal experts, along with both Trump and the challengers, are urging the Supreme Court to promptly issue a final decision on Trump's eligibility to mitigate political uncertainty surrounding the case.