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“The American voter has a Constitutional right to vote for the candidate of their choosing, with President Donald J. “We applaud today’s ruling in Colorado, which is another nail in the coffin of the un-American ballot challenges,” Trump spokesman Steven Cheung said in a statement. Trump’s campaign has said these lawsuits are meritless attempts to deploy an “absurd conspiracy theory” to block him from office, especially when he has a commanding lead in the GOP primary and is doing well in head-to-head polls against President Joe Biden. Trump to remain on Michigan ballot after judge rejects another 14th Amendment challenge

“Such incendiary rhetoric, issued by a speaker who routinely embraced political violence and had inflamed the anger of his supporters leading up to the certification, was likely to incite imminent lawlessness and disorder,” she wrote.įormer President Donald Trump leaves the stage at a campaign rally Saturday, Nov. In her ruling, Wallace agreed with almost everything that the challengers argued, except on the critical question of whether a president can be disqualified by the 14th Amendment.īut she largely backed their interpretation of Trump’s behavior after the 2020 election and, importantly, in his January 6 speech and during the riot. But before that, the GOP and independent voters who filed the Colorado lawsuit in coordination with a liberal watchdog group, have said they will appeal to the Colorado Supreme Court. Legal scholars believe these cases will, in some form, end up at the US Supreme Court. “It appears to the Court that for whatever reason the drafters of Section Three did not intend to include a person who had only taken the Presidential Oath.” “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,” she wrote. It says it covers “any office, civil or military, under the United States,” and Wallace ruled that this does not include the office of the presidency. The provision explicitly bans insurrectionists from serving as US senators, representatives, and even presidential electors – but it does not say anything about presidents.

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The 14th Amendment, ratified after the Civil War, says American officials who take an oath to support the Constitution are banned from future office if they “engaged in insurrection.” But the Constitution doesn’t say how to enforce the ban, and it has only been applied twice since 1919 – which is why many experts view these lawsuits as long shots.

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(Photo by Joe Raedle/Getty Images) Joe Raedle/Getty Imagesįulton County prosecutors want Trump Georgia election subversion trial to begin in August 2024 A grand jury today handed up an indictment naming former President Donald Trump and his Republican allies over an alleged attempt to overturn the 2020 election results in the state. Wallace concluded that “Trump engaged in an insurrection on Januthrough incitement, and that the First Amendment does not protect Trump’s speech” at the Ellipse that day. She also found that Trump “acted with the specific intent to disrupt the Electoral College certification of President Biden’s electoral victory through unlawful means.”ĪTLANTA, GEORGIA - AUGUST 14: Fulton County District Attorney Fani Willis speaks during a news conference at the Fulton County Government building on Augin Atlanta, Georgia. However, the 102-page ruling in Colorado offered a searing condemnation of Trump’s conduct, labeling him as an insurrectionist who “actively primed the anger of his extremist supporters,” and “acted with the specific intent to incite political violence and direct it at the Capitol.” These three high-profile challenges against Trump, which had the backing of well-funded advocacy groups, have so far failed to remove him from a single ballot, with the 2024 primary season fast approaching.

The major decision issued Friday by Colorado District Judge Sarah Wallace comes after judges in Minnesota and Michigan also refused to remove Trump from that state’s Republican primary ballots. A Colorado judge has ruled that former President Donald Trump “engaged in an insurrection” on January 6, 2021, but rejected an attempt to remove him from the state’s 2024 primary ballot, finding that the 14th Amendment’s “insurrectionist ban” doesn’t apply to presidents.