A Colorado judge has once again preserved Trump’s position on the state’s primary ballot. A similar fate met lawsuits in Minnesota and Michigan, leaving the path unobstructed for Trump as the 2024 primary season quickly approaches.
The attempts to disqualify Trump hinged on the 14th Amendment’s insurrectionist ban, a provision introduced following the Civil War.
This ban prevents any American official who has sworn to uphold the Constitution but has subsequently engaged in insurrection from holding future office.
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The 14th Amendment, ratified post-Civil War, stipulates that American officials who take an oath to support the Constitution are banned from future office if they “engage in insurrection.”
However, the Constitution doesn’t provide guidelines on enforcing this ban, which has been applied only twice since 1919.
This ban specifically precludes insurrectionists from serving as US senators, representatives, and even presidential electors. However, the provision does not explicitly prohibit presidents. It merely states it applies to “any office, civil or military, under the United States.”
Because of this, Colorado District Judge Sarah Wallace determined that this provision does not apply to the presidency.
“After considering the arguments on both sides, the Court is persuaded that ‘officers of the United States,’ did not include the President of the United States,” Judge Wallace wrote.
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The case against Trump revolved around his perceived role in inciting the January 6, 2021, insurrection.
The prosecution argued that Trump’s public call for supporters to march to the Capitol and “fight like hell” constituted an act of insurrection.
Judge Wallace concurred with this assessment, stating, “The Court finds that Petitioners have established that Trump engaged in an insurrection on January 6, 2021, through incitement, and that the First Amendment does not protect Trump’s speech.”
Trump’s defense team, however, argued that his speech prior to the riot was protected under the First Amendment and did not meet the legal criteria for incitement. They also pointed out that Trump did not physically participate in the violence at the Capitol.
Beyond the disqualification attempts, Trump also faces state and federal criminal charges related to his attempts to overturn the 2020 election. He has pleaded not guilty.
Trump Campaign Statement on Legal Victory in Colorado
“We applaud today’s ruling in Colorado, which is another nail in the coffin of the un-American ballot challenges. With this decision, Democrats’ 14th Amendment challenges have now been defeated in Colorado, Michigan, Minnesota and New Hampshire. These cases represent the most cynical and blatant political attempts to interfere with the upcoming presidential election by desperate Democrats who know Crooked Joe Biden is a failed president on the fast track to defeat. The American voter has a Constitutional right to vote for the candidate of their choosing, with President Donald J. Trump leading by massive numbers. This right was correctly preserved in Colorado today and we urge the swift disposal of any and all remaining Democrat ballot challenges. Onward to total victory in 2024, we will Make America Great Again!” — Steven Cheung, Trump spokesperson
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