Colorado case using 'insurrection' argument to bar Trump from the ballot goes to the judge
apnews.com
A Colorado judge heard closing arguments on whether Republican presidential candidate Donald Trump is barred from the ballot by a provision of the U.S. Constitution that forbids those who “engaged in insurrection” from holding office.

A Colorado judge on Wednesday heard closing arguments on whether former President Donald Trump is barred from the ballot by a provision of the U.S. Constitution that forbids those who “engaged in insurrection” from holding office.

The hearing came on the heels of two losses elsewhere for advocates who are trying to remove Trump from the ballot under Section Three of the 14th Amendment, which bars from office those who swore an oath to uphold the U.S. Constitution and then “engaged in insurrection” against it. The measure has only been used a handful of times since the period after the Civil War, when it was intended to stop former Confederates from swamping government positions.

Last week, the Minnesota Supreme Court dodged the question of whether the provision applies to Trump, who is so far dominating the Republican presidential primary. It dismissed a lawsuit to toss him off that state’s primary ballot by saying that political parties can allow whomever they want to qualify for primaries.

The court left the door open for a general election challenge if Trump becomes the GOP nominee.

  • @jballs@sh.itjust.worksEnglish
    3•1 year ago

    “The petitioners are asking this court to do something that’s never been done in the history of the United States,” [Trump attorney] Gessler said.

    “We are here because, for the first time in our nation’s history, the president of the United States engaged in an insurrection,” [plaintiff attorney] said, summing up their case. “Now he wants to be president again. The Constitution does not allow that.”

    I do appreciate the plaintiff’s response here. Trump and Co keep acting like this is extraordinary election interference, when in reality it’s just the logical response to what was an extraordinary attempt at a sitting president to overthrow our government.