Donald Trump has been kicked off the 2024 Colorado ballot
Donald Trump has been removed from the 2024 presidential election in Colorado in an unprecedented and historic decision by the state's Supreme Court.
In a 4-3 decision on Tuesday, the panel ruled that Trump could be disqualified from voting for the state's Democratic Party under the 14th Amendment, which bars those sworn to the Constitution and then “in rebellion” from publicly holding offices, for his role. in the Capitol uprising of January 6.
“We do not reach these conclusions lightly,” the majority opinion states. “We are also mindful of our official duty to apply the law, without fear or favor, and without being swayed by public reaction.”
The ruling, which was stayed until early January, applies only to the Colorado ballot, and Trump has already vowed to appeal.
While it appears likely that the heavily conservative US Supreme Court will overturn the decision, it paves the way for other states to follow suit, with some Republicans already seeking retaliation against President Joe Biden.
Mr Trump wasted no time sending fundraising emails to supporters in response to the decision and called it “A SAD DAY IN AMERICA” on his Truth Social platform.
How Trump is getting kicked off the Colorado ballot
A majority of the Colorado Supreme Court was persuaded by the argument in a 4-3 decision released Dec. 19.
The court said that Section Three of the 14th Amendment applies to Mr. Trump and therefore “it would be an illegal act under the Election Code for the secretary of state of Colorado to list him as a candidate on the presidential primary ballot.”
Justices heard arguments in the case earlier this month after a district court judge ruled that the provision does not apply to the president. The judge argued that the Third Section does not expressly refer to the presidency only “officers of the United States” and because the presidential oath contains language separate from other officers, it was not included.
But the state's highest court justices have said they view the presidency as part of the “officers of the United States.”
More importantly, the justices agreed that Jan. 6 was a riot and that Mr. Trump participated in it when he sent messages to his supporters — an argument in the case that has been hotly contested in other states.
“We do not reach these conclusions lightly,” the justices wrote in a majority. “We are mindful of the size and gravity of the questions now before us. We are also mindful of our official duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions the law requires us to make.”
Much of the pushback from the Trump camp so far can be boiled down to the contention that none of the Jan. 6 rioters convicted of crimes related to the congressional attack were directly charged with participating in riot or rebellion.
Jonathan Turley, a conservative legal theorist at George Washington University, agrees. He has argued that the attack on Congress was “a protest that became a riot”, rejecting more serious charges against militia leaders and arguing that Mr Trump's speech on the White House lawn minutes before the violence began did not qualify. as an incentive.
Trump said he would appeal the decision – likely now to the US Supreme Court.
John Bowden and Ariana BaioDecember 21, 2023 05:00
Trump is off the 2024 ballot in Colorado – here's how his running mates feel: Vivek Ramaswamy
Mr. Ramaswamy, a staunch supporter of Mr. Trump, posted a two-minute video on X and issued a lengthy statement through his campaign defending the former president.
“This is what a real attack on democracy looks like: in an un-American, unconstitutional and unprecedented decision, a panel of Democratic judges is barring Trump from the ballot in Colorado,” Mr. Ramaswamy wrote in his statement.
Ariana BaioDecember 21, 2023 04:00
What is the 14th Amendment?
Section Three of the 14th Amendment disqualifies a person from holding office if he has “engaged in rebellion or insurrection,” or “gave aid or comfort” to enemies, after being sworn in.
The provision, often referred to as the “sedition clause” does not define sedition or what it means to participate in a sedition.
Originally, he intended to keep supporters of the failed Southern secessionist moratorium from being elected to office.
But a handful of left-wing legal groups, bolstered by donations from liberal groups and other donors who oppose Trump, have vowed to use the provision to challenge Mr. Trump's eligibility for president — citing the Jan. 6 attack on Capitol Hill as a riot and the Mr. Trump's actions as comfort to enemies.
Two constitutional law experts, Professor Lawrence Tribe and former federal judge J Michael Luttig, are in favor of the plan, arguing that Mr Trump was appeasing enemies of the US government.
John Bowden and Ariana BaioDecember 21, 2023 03:15
Trump is off the 2024 ballot in Colorado – here's how his running mates feel: Chris Christie
Mr. Christie, the former New Jersey governor, has been a vocal critic of Mr. Trump and campaigned primarily to serve as the former president's deputy.
But he told voters in New Hampshire that Trump “shouldn't be stopped by any court from being president.”
“The voters of this country should stop him from being President of the United States,” Mr. Christie said.
Ariana BaioDecember 21, 2023 02:30
What is the 14th Amendment and why does it keep Trump off the Colorado ballot?
The Third section of the amendment bars those who engage in insurrections or who have aided enemies of the United States government from taking office.
Judges and magistrates in New Hampshire, Minnesota, Michigan and Arizona have already rejected or rejected the effort to cut off Trump's access to the ballot. But on Dec. 19, the Colorado Supreme Court became the first to bar the former president from appearing on the ballot.
John Bowden and Ariana BaioDecember 21, 2023 01:45
Trump is off the 2024 ballot in Colorado – here's how his running mates feel: Ron DeSantis
Florida's governor hinted the decision was a politically motivated move to try to hurt the president tweet.
“The Left invokes ‘democracy' to justify its use of power, even if that means abusing judicial power to remove a candidate from the ballot based on spurious legal grounds,” Mr. DeSantis wrote.
He added that the US Supreme Court should reverse the decision.
Ariana BaioDecember 21, 2023 01:00
VIDEO: Donald Trump Falsely Claims Colorado Court Ruling Is ‘Election Intervention'
Donald Trump falsely claims Colorado court ruling is ‘election interference'
Hebe CampbellDecember 21, 2023 00:15
Trump tells Supreme Court to slow ruling on ‘presidential immunity' in election conspiracy case
The filing in the nation's highest court on Wednesday responds to a request by special counsel Jack Smith to expedite a review of the former president's “immunity” claim in a federal election conspiracy case that Trump wants thrown out.
The federal judge overseeing that case rejected those arguments, and Mr. Trump has vowed to appeal. However, prosecutors turned to the Supreme Court for a definitive answer to determine “whether a former President has absolute immunity from federal prosecution for crimes committed during his term or whether he is constitutionally protected from federal prosecution when he has been impeached but not be convicted before the initiation of criminal proceedings.
Alex Woodward20 December 2023 23:30
Texas official threatens to remove Biden from ballot in retaliation for Trump in Colorado
Texas Lt. Gov. Dan Patrick was one of several Republicans to attack Democrats Tuesday afternoon after the Colorado Supreme Court ruled in a 4-3 decision that Donald Trump should not be on the ballot in the state.
The decision late Tuesday caused an uproar in Washington. Trump, who remains charged with 91 felonies in four separate indictments, is widely understood to have encouraged his supporters to gather in Washington on January 6, the day she told them to descend on the US Capitol. What followed was an hours-long standoff with police and other law enforcement that left several dead and dozens of police officers injured. Members of Congress and the US vice president were forced to hide in fear for their lives as Trump supporters stormed the Capitol complex, ransacking offices and hurling violent threats at police and lawmakers.
He remains the de facto leader of the Republican Party and the wide favorite to win the 2024 Republican primary, according to all available polls. The former president's GOP allies blamed Democrats for the president's defeat in the Colorado Supreme Court in the hours after the decision was announced, despite the fact that the suit was brought by a D.C.-based ethics watchdog.
John Bowden20 December 2023 22:45
VIDEO: Biden says ‘there's no question' Trump is an insurgent
Gustaf Kilander20 December 2023 22:00