Colorado Judge Rules In Trump Request to Toss 14th Amendment Lawsuit

Colorado Judge Rules In Trump Request to Toss 14th Amendment Lawsuit


A state judge in Colorado has ruled in former President Donald Trump’s latest attempt to get a lawsuit thrown out that seeks to block him from appearing on the presidential ballot next year under a provision of the 14th Amendment.

In a 24-page ruling, “Colorado District Judge Sarah Wallace rejected Trump’s argument that matters of ballot eligibility are limited to Congress, not the courts,” The Hill reported on Friday, adding: “Wallace also opposed Trump’s argument that state election officials cannot invoke Section 3 of the 14th Amendment.”

Wallace wrote: “The Court holds that states can, and have, applied Section 3 pursuant to state statutes without federal enforcement legislation.”

At issue is a lawsuit that invokes a section of the Civil War-era 14th Amendment that bars Americans from holding elected office who “engaged in insurrection or rebellion against the United States.”

The Hill adds:

The suit was filed last month by the Citizens for Responsibility and Ethics in Washington (CREW) on behalf of six Republican and unaffiliated voters in Colorado that include former federal, state and local officials. It is part of a wider argument by some legal scholars and lawmakers that Trump is disqualified from the ballot under the 14th Amendment for his alleged actions related to the Jan. 6, 2021, attacks on the Capitol.

Wallace’s ruling comes ahead of a trial that is scheduled to begin Oct. 30.

Importantly, Trump has not been charged with, or convicted of, “insurrection.” The former president’s political enemies have seized upon the term to describe a riot that occurred at the Capitol building that day following a “Stop the Steal” speech by Trump in Washington, D.C., during which he advised supporters to “peacefully” march to the building to demonstrate as lawmakers inside were preparing to certify the November 2020 election for Joe Biden.

Trump has been charged in relation to the incident by special counsel Jack Smith; however, “insurrection” and “sedition” are not among the allegations.

Earlier in the week, Wallace similarly rejected a filing by Trump to dismiss the case without providing any insight into an opinion on the matter one way or another.

MSNBC reported that the decision meant the case moved a step closer to trial.

“Colorado District Judge Sarah Wallace called ‘pivotal’ the legal question of investigation and enforcement of the 14th Amendment’s disqualification clause. But in resolving several issues in a Friday ruling, she said that crucial matters are ‘best reserved for trial,’” the outlet reported.

Cases similar to the one in Colorado have also been filed in other states and venues, including Minnesota, where oral arguments have been scheduled for Nov. 2, and Michigan.

Prior to facing any criminal charges, Trump previously fought off federal lawsuits that claimed he bore civil liability for the January 6 riot at the U.S. Capitol Building.

To dismiss these lawsuits, Trump claimed absolute immunity, a claim that has been rejected by two federal judges in four cases filed in the same courthouse as Trump’s election subversion case in Washington, D.C.

The D.C. Circuit Court of Appeals is currently considering an appeal in the case of U.S. Capitol Police Officer James Blassingame, for which oral arguments were held earlier this year. While the potential outcomes of the civil and criminal cases couldn’t be more different (monetary damages and jail time, respectively), they share a central issue: whether Trump is immune from prosecution for his actions as president.

Trump’s legal team plans to raise the issue of executive immunity “very soon” in criminal court, and a source familiar with their strategy said that this pending civil appeal is the best chance of getting the Supreme Court to rule on the matter.

Related Posts

Heartbreak For Hallmark Star As Wife Dies And Child Is Hurt In Shocking Assault

Days after his wife, a costume designer, was killed when an Audi SUV crashed into a crowd of festival attendees, a Hallmark celebrity courageously spoke at a…

I LEFT MY SON AT HOME WITH A BABYSITTER – IN THE MIDDLE OF THE DAY, HE CALLED ME AND WHISPERED “MOMMY, I’M AFRAID. COME HOME.” My son Ben, 6, got sick, so I left him home with Ruby, our usual neighborhood babysitter. She’d always been great — until Friday. At 2:25 p.m., I got a no-caller-ID call at work. I picked up and heard it. “Mommy, I’m afraid. Please come home.” It was Ben. Whispering. I asked, “Where’s Ruby?” but all he said was, “I DON’T KNOW WHAT TO DO.” I sprinted out of the office. When I arrived, the house was QUIET. Locked. Curtains shut. I ran inside yelling for Ben. Silence. Then, I froze as I noticed HIM. What happened to my son that made chills run down my spine is in the comments.

It was supposed to be a quiet night out, just me and my partner. We hadn’t had a break in months, and the idea of an evening…

She Went Missing 4 Decades Ago, And Now Police Have Finally Found Her..Shocking details in the first comment

When someone goes missing, it’s common that their loved ones would notify the police and start searching for their loved one themselves as well, but how long…

MAN ASKS TO BE TAKEN TO A NURSING HOME, BUT HIS SON DRIVES HIM IN A COMPLETELY DIFFERENT DIRECTION.Donald’s house burned down two months ago while he was at the supermarket, and he suffered a heart attack when he got home. He was taken to the hospital and his son, Peter, and his wife had insisted on moving him with them when he recovered. But they were a couple in their 30s with three young kids, and now they had to handle an older man in their home.Donald was well aware of this and so, after gathering his strength, told his son that he wanted to move into a nursing home. His son asked him to put it off until later, but Donald insisted that they go and look at a nursing home nearby and Peter agreed.So the following morning, Donald got into the passenger seat of Peter’s car, and they started driving towards the nursing home he suggested. For some reason, Peter took several turns, and Donald frowned. “Are you sure this is the right way? I feel like you’re going to circle back to your house,” the older man told his son.”Oh, don’t worry, Dad. We have to pick up something from 7-Eleven first,” Peter replied, his hands turning the wheel and his eyes focused on the road.Donald nodded and thought nothing of it. He picked up the paperwork he had printed and read aloud some of the benefits listed on the nursing home’s website.He was concentrating so hard on reading that he didn’t notice when Peter stopped the car. “Oh, get me a bag of chips, please,” Donald said absentmindedly.”We’re not at 7-Eleven, Dad. Look up,” Peter urged.Continue in the first comment below

After Donald’s house burned down in a fire two months ago, he found himself in an unfamiliar position—living with his son, Peter, and his family. It was…

President Trump’s FBI Announces Major Arrest

A man from Katy, Texas, has been sentenced to 18 months in federal prison after being convicted of assaulting a U.S. Border Patrol agent. According to court…

If You Remember These Coming in a Tin Can…You Might be Old

Do you recall the days when simple pleasures and everyday items brought joy and nostalgia into your life? If you do, you might be old – at…

Leave a Reply