Colorado Judge Finds Trump Engaged in Insurrection, But Rejects Constitutional Ballot Challenge
DENVER — A Colorado judge has ruled that former President Donald Trump engaged in insurrection during the January 6, 2021, attack on the U.S. Capitol. However, the judge rejected an effort to keep him off the state’s primary ballot, citing uncertainty about whether a Civil War-era Constitutional amendment barring insurrectionists from holding public office applies to the presidency.
The lawsuit, filed by a left-leaning group on behalf of a group of Republican and independent Colorado voters, argued that Trump’s actions related to the attack violated a clause in the 14th Amendment that prohibits anyone from holding office if they engaged in insurrection or rebellion against the Constitution.
In her ruling, District Judge Sarah B. Wallace stated that Trump did indeed engage in insurrection on January 6 and dismissed his lawyers’ argument that he was exercising his freedom of speech. However, she explained that she could not disqualify him from the ballot as a presidential candidate because Section 3 of the amendment does not explicitly mention the presidency, only referring to elector of President and Vice President, as well as civil and military offices.
The decision by Judge Wallace marks the third ruling in just over a week against lawsuits seeking to remove Trump from the ballot by invoking Section 3 of the 14th Amendment. The Minnesota Supreme Court recently ruled that Trump could remain on the primary ballot because political parties have the sole authority to decide who appears. Furthermore, a Michigan judge determined that Congress should be the appropriate forum for deciding whether Section 3 applies to Trump.
The group that filed the Colorado lawsuit, Citizens for Responsibility and Ethics in Washington, has announced that they will be appealing the decision to the Colorado Supreme Court. They maintain that Trump engaged in insurrection and that Section 3 should apply to him.
It is anticipated that the question of whether Section 3 of the 14th Amendment applies to presidential candidates will eventually reach the U.S. Supreme Court, as it has never ruled on this matter before.
Trump’s campaign spokesman Steven Cheung criticized the ruling, calling it another nail in the coffin of the un-American ballot challenges and accusing the Democrats of interfering in the upcoming presidential election.
Legal experts predict that regardless of which state the lawsuit is filed in, it will likely end up in the U.S. Supreme Court. The outcome of this case will have significant implications for future interpretations of the 14th Amendment and its applicability to insurrectionist presidents.
In conclusion, the Colorado judge found that Trump engaged in insurrection during the January 6 attack on the U.S. Capitol. However, she rejected the effort to prevent him from appearing on the state’s primary ballot, citing ambiguity about whether Section 3 of the 14th Amendment applies to presidential candidates. The case is expected to be appealed to the Colorado Supreme Court, and ultimately, the U.S. Supreme Court may have to make a definitive ruling on this matter.
