In a significant ruling, a Colorado judge, Sarah Wallace, has determined that former President Donald Trump “engaged in an insurrection” on January 6, 2021. Despite this damning characterization, the judge rejected an attempt to remove Trump from the state’s 2024 primary ballot, citing that the 14th Amendment’s “insurrectionist ban” doesn’t extend to presidents.
Key Points:
Insurrectionist Conduct Acknowledged: Judge Wallace’s decision acknowledges Trump’s role in the events of January 6, describing him as an “insurrectionist” who actively fueled the anger of his extremist supporters and incited political violence directed at the Capitol.
Legal Context: The ruling is grounded in the 14th Amendment, which prohibits individuals who engaged in insurrection from holding future office. While this provision explicitly covers various offices, including senators and representatives, Wallace determined it does not include the presidency.
First Amendment Limitation: Judge Wallace emphasized that Trump’s speech on the Ellipse that day was not protected by the First Amendment, stating that he acted with specific intent to disrupt the Electoral College certification of President Biden’s electoral victory through unlawful means.
Presidential Exclusion: The critical point of contention was whether the 14th Amendment applies to disqualify a president. Wallace argued that the term “officers of the United States” in the amendment did not include the President of the United States, leaving room for Trump’s inclusion in the state’s 2024 primary ballot.
Potential Supreme Court Involvement: Legal scholars anticipate that cases related to Trump’s eligibility will likely reach the US Supreme Court. Before that, there is the possibility of an appeal to the Colorado Supreme Court by the GOP and independent voters who filed the lawsuit.
Conclusion:
While the ruling condemns Trump’s actions and his role in the January 6 insurrection, it stops short of excluding him from Colorado’s 2024 primary ballot. The decision reflects the complexity of applying constitutional provisions to specific offices and sets the stage for potential further legal challenges.