Colorado Judge Rules Trump Must Appear on Ballot

[mystery-ak]

Colorado Judge Rules Trump Must Appear on Ballot

Bradley Jaye 17 Nov 2023

A Colorado district court judge ruled Friday that Donald Trump must be placed on the ballot in the 2024 presidential contest.

Judge Sarah Wallace, appointed in 2022 by Democrat Gov. Jared Polis, ruled that Trump did engage in insurrection on January 6, 2021, but was not an officer of the United States as defined by the Fourteenth Amendment.

The lawsuit cited the Fourteenth Amendment’s “,” which bans those who “engaged in insurrection” from holding federal office, as justification for booting Trump from the ballot.

Trump’s attorneys had claimed he never “engaged in insurrection” and that his questioning of the 2020 election results is political speech protected by the First Amendment.

“Trump’s comments did not come close to ‘incitement,’ let alone ‘engagement’ in an insurrection,” they wrote.

Wallace disagreed.

Yet she looked more favorably upon Trump’s team’s argument that the amendment does not apply to the office of the president. The text of the amendment specifies “Senator or Representative in Congress” and “elector of President and Vice President” but not “President.”

Trump has not been convicted of insurrection and was acquitted by the U.S. Senate of charges of engaging in insurrection and continues to deny wrongdoing.

Wallace previously denied a motion by Trump’s legal team that she step aside due to her past donation to a liberal group working to keep Trump off the ballot — the very thing her ruling Friday accomplished — along with donations to many Democrat candidates for office. She had also previously denied a motion by Trump and the Colorado GOP to throw the case out.

more
https://www.breitbart.com/politics/2023/11/17/colorado-judge-rules-trump-must-appear-ballot/

[LMAO]

He hasn’t been charged or convicted of insurrection

Feelings don’t come before the law, or at least shouldn’t

[mystery-ak]

Washington Examiner
Kaelan Deese

Trump's survival of 14th Amendment lawsuits raises odds of Supreme Court intervention

November 18, 2023 07:00 AM

Former President Donald Trump has so far survived several legal efforts seeking to erase his name from state election ballots, a slate of early victories that still could ultimately end up at the Supreme Court.

Colorado District Judge Sarah Wallace handed Trump a victory Friday evening when she ordered he is eligible to appear on the state's primary election ballot when they are certified by the secretary of state's office on Jan. 5, 2024. The lawsuits pending in at least 14 states are similar in nature, seeking to bar Trump from office for his alleged role in spurring the Jan. 6, Capitol riot, under an "insurrection" clause of the 14th Amendment.

Trump's campaign was quick to celebrate Wallace's decision, which keeps him on the Colorado ballot despite a secondary finding that Trump engaged in insurrection during the Jan. 6 Capitol riot through "incitement," Wallace explained in a lengthy 102-page order.

"We applaud today’s ruling in Colorado, which is another nail in the coffin of the un-American ballot challenges," a Trump campaign spokesperson told the Washington Examiner Friday.

A total of three state courts — Michigan, Minnesota, and Colorado — have now ruled against liberal watchdog groups and citizens who have filed lawsuits seeking to bar the Republican primary frontrunner from ballot eligibility, and a similar challenge has also been dismissed in New Hampshire. Each of these lawsuits relies on Section 3 of the 14th Amendment, which states no person shall hold an elected office or government position if they "engaged in insurrection or rebellion" against the United States.

more
https://www.washingtonexaminer.com/policy/courts/trumps-surviving-14th-amendment-challenges-raises-odds-of-supreme-court-case

[Fishrrman]

This one surprised me.

I reckoned that at least in Colorado, a leftist judge would take a swipe at Mr. Trump.

[mystery-ak]

Trump, Plaintiffs Appeal Colorado Fourteenth Amendment Court Ruling that Favored Trump

Donald Trump and the plaintiffs suing to keep him off the 2024 ballot are appealing on different grounds a Colorado court ruling widely considered a victory for Trump.

https://www.breitbart.com/politics/2023/11/21/trump-plaintiffs-appeal-colorado-fourteenth-amendment-court-ruling-that-favored-trump/

[catfish1957]

Leaving the POTUS candidate of one of the two major parties off the ballot?  Not even this socialist propped wench has that much precedent setting gumption.

[Maj. Bill Martin]

The sooner this gets to the Supreme Court, the better.

[mystery-ak]

Colorado Supreme Court Sets Appeals Hearing in Case to Kick Trump Off Ballot

Colorado’s Supreme Court has scheduled a hearing for December 6 to consider cross-appeals on a case to prevent former President Donald Trump from appearing on the ballot for the presidency in 2024.

https://www.breitbart.com/politics/2023/11/27/colorado-supreme-court-sets-appeals-hearing-case-kick-trump-off-ballot/

[Polly Ticks]

The sooner this gets to the Supreme Court, the better.

If SCOTUS rules in his favor and indicates there was no "insurrection" as a matter of law, would that have any bearing on the fates of the J6 political prisoners?

[Maj. Bill Martin]

If SCOTUS rules in his favor and indicates there was no "insurrection" as a matter of law, would that have any bearing on the fates of the J6 political prisoners?

No, because none of them were charged with insurrection.

[kevindavis007]

I find this troubling:

https://twitter.com/daily_wire_fan/status/1729316717245940134

[Maj. Bill Martin]

I find this troubling:

https://twitter.com/daily_wire_fan/status/1729316717245940134

It's a technical argument, but I think it is correct.  As the highest elected office in the land, having anything less than an impeachment and conviction determine that someone cannot run for President makes the most sense.