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Donald Trump To Remain On Colorado Primary Ballot After Judge Dismisses Lawsuit

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Donald Trump to remain on Colorado primary ballot after judge dismisses lawsuit

Money Land Forum / News / Donald Trump to remain on Colorado primary ballot after judge dismisses lawsuit (3 Posts | 83 Views)

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Donald Trump to remain on Colorado primary ballot after judge dismisses lawsuit by atoluwash(m) : 5:06 am On Nov 18, 2023



A Colorado judge has dismissed an effort to prevent former President Donald Trump from participating in the state's 2024 Republican presidential primary, concluding a significant trial related to a lawsuit asserting that Trump's actions preceding the 2021 Capitol riot disqualify him from seeking office again.

Similar challenges, grounded in a Civil War-era constitutional amendment, have faced setbacks in three other states. Despite not appearing at the hearing, Trump has downplayed the initiative.

District Judge Sarah Wallace issued the decision on Friday, directing the Colorado Secretary of State to include Trump on the state's primary ballot next year.

The lawsuit, filed by a group of Colorado voters in September, contended that Trump's involvement in the Capitol riot should trigger the 14th Amendment's Section 3, which bars individuals who participated in insurrection against the Constitution from holding office.

However, Judge Wallace disagreed, stating in her ruling that the insurrection prohibition of the 14th Amendment does not explicitly mention presidents.

"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."

"[I]t 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," she wrote in her ruling.

Ms. Wallace did find, however, that Mr. Trump "engaged in an insurrection on January 6, 2021, through incitement, and that the First Amendment does not protect Trump's speech".

The ruling is the latest setback for efforts to disqualify Mr Trump from the Republican primary election.

Similar lawsuits in New Hampshire, Minnesota and Michigan have already failed.

In a statement issued after the ruling, the left-leaning Citizens for Responsibility and Ethics in Washington - which filed the Colorado lawsuit - said it would be filing an appeal to the Colorado Supreme Court shortly.

The group applauded Ms Wallace's finding that Mr Trump had engaged in insurrection on 6 January.

"We are proud to have brought this historic case and know we are right on the facts and right on the law," the group said. "Today was not the end of this effort, but another step along the way."

It comes after a week-long bench trial, during which lawyers for the group of voters who filed the challenge argued Mr. Trump had lost the right to run for president again because of his role in the 6 January Capitol riots. Lawyers for the plaintiffs called several witnesses, including two US Capitol Police officers who were injured during the riots.

Lawyers for Mr Trump, meanwhile, argued he did not bear responsibility for the attacks. They noted that similar legal challenges against the president have been unsuccessful.

"The petitioners are asking this court to do something that's never been done in the history of the United States," said Trump attorney Scott Gessler. "The evidence doesn't come close to allowing the court to do it."

The 14th Amendment was ratified after the American Civil War, and Section 3 was deployed to bar secessionists from returning to previous government posts once southern states re-joined the Union.

It was used against the likes of Confederate president Jefferson Davis and his vice-president Alexander Stephens, both of whom had served in Congress, but has seldom been invoked since.

The legal strategy has picked up steam since August when Mr Trump was accused of election subversion in two separate criminal cases.

It is unclear if future challenges to Mr Trump's name on the ballot will emerge in Colorado or other states ahead of the Republican primary and the general election.

Legal experts believe the case - or another like it - is likely to end up before the US Supreme Court.

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Re: Donald Trump to remain on Colorado primary ballot after judge dismisses lawsuit by Chairman(m) : 2:43 am On Nov 19, 2023

Noted

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Re: Donald Trump to remain on Colorado primary ballot after judge dismisses lawsuit by MissNina(f) : 4:37 pm On Nov 20, 2023

A whole ex president of a great nation

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