The recent legal technique used by former president Donald Trump to get a case dismissed upheld by a state judge in Colorado. According to the terms of the 14th Amendment, the case tries to keep him off the presidential ballot in the next year.
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.”
This case is centered on a lawsuit that concerns a particular clause of the 14th Amendment from the time of the Civil War. This clause forbids people from holding elected positions if they took part in an insurrection or rebellion against the United States.
The Hill furthers:
The Citizens for Responsibility and Ethics in Washington (CREW) recently filed a lawsuit on behalf of six Republican and unaffiliated voters in Colorado. These ex-officials come from the federal, state, and local levels. According to the lawsuit, Donald Trump should not be allowed to vote because of his claimed involvement in the Capitol attacks on January 6, 2021, in violation of the 14th Amendment.
Wallace’s decision comes before a trial that will start on October 30.
Critics of the former president have used the term “insurrection” to describe a riot that occurred at the Capitol after his “Stop the Steal” speech, where he urged his supporters to peacefully protest the certification of Joe Biden’s victory in the November 2020 election. It is important to note that Trump has not been charged with or found guilty of “insurrection.”
Special counsel Jack Smith has charged Trump in connection with the event, but not with “insurrection” or “sedition.”
Wallace recently rejected Trump’s request to have the case dismissed without taking a firm position.
REVEALED: The 3 reasons you should NEVER use Vegetable Oils…
This choice moves the trial date for the case closer, according to MSNBC.
“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.
Numerous states and courts have received similar lawsuits to the one in Colorado. Oral arguments in Minnesota are scheduled for November 2nd, and Michigan is also engaged.
Before being charged with a crime for his alleged role in the violence on January 6, Trump successfully defended himself against federal lawsuits. Senate Building.
Two federal judges have resoundingly rejected Trump’s assertion of absolute immunity to dismiss these claims in four of the instances. These cases were filed in the same courtroom in Washington, D.C. as Trump’s election interference case.
Officer James Blassingame’s appeal is currently being examined by the D.C. Circuit Court of Appeals, which raises the issue of whether Trump may be held accountable for his deeds as president. This case presents a crucial issue about presidential immunity and has potentially substantial ramifications. This year, oral arguments were already made, and we are currently awaiting the court’s ruling.
Trump’s legal team has a calculated strategy for dealing with executive immunity in a criminal trial. They want to appeal this case to the Supreme Court through a current civil appeal because they believe that is their best chance to get a decision on the problem.
That is true except in a national election then the federal government supersedes the states right on the ballot. The political judges should be thrown of the bench, they don’t deserve the position. They are suppose to be deciding the cases based on the constitution not political ideals.
I don’t see how they can do this in a court! According to the 14th Amendment Section 3 it states: No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
It doesn’t say anything about a court being able to do anything. It has to be approved by a two-thirds of each house not a judge!
Totally unlawful and ridiculous!
Democrats,the sleaziest government bribes can buy! If its crooked, its Democrat! That court operates just like the KKK did.
The story has some falsehoods in it. The riot did not come from Trumps stop the steal movement. The riot was planned and orchestrated right down to having her daughter film it by nancy pelosi who is now raking in millions from hbo for the rights to the bogus documentry that came from the $90,000.00 tax payer dollars she gifted antifa and black lying marxist leaders for videoing their bad behavior for her daughters film. The purpose of the riot was to stop the vote not the steal. Stop the house from recounting the votes.
That is a red flag in itself. What would a recount have done to nancy’s coup. “OVER TURNED HER COUPED ELECTION. WITH A SECOND WIN FOR TRUMP”. AND TRUMP DID NOT EVEN MAKE THE SPEECH YET. HE DIDN’T FINISH HIS SPEECH YET AND DID NOT MAKE THE STATEMENT YET THAT HE HAS BEEN DEMANDED TO BE GUILTY OF. NANCY MADE THE SECOND IMPEACHMENT ALL ABOUT JAN6. AND THE TIMELINE. SOMETHING NANCY WAS A STICKERLY WITH. THE TIME LINE SHOWED TRUMP DID NOT MAKE THE SPEECH YET THERE FOR HE WAS INNOCENT OF INCITMENT. AND HE DID MAKE A NUMBER OF PLEAS TO THE RIOTERS TO STOP, GO HOME PEACEFULLY AND DO NO HARM POLICE. SOMETHING NANCY KEEPS FORGETTING. AND LETS NOT FORGET HOW THE RIOT STARTED. A BUNCH OF PEOPLE PULLED OUT RED, WHITE AND BLUE CLOTHING FROM BUSHES. AND CHANGED INTO PATRIOTIC AND PRO TRUMP GEAR BEFORE RIOTING ON A SCHEDULE OF NANCY’S CHOOSING. TRUMPS RALLIES NEVER START ON TIME SO HE WAS STILL SPEAKING AND DIDN’T MAKE THE STATEMENT YET, WHEN NANCY’S RIOT STARTED. AND WORSE. IT SOUNDED LIKE MIKE WAS BENDING OVER BACKWARD TO ASHORE NANCY AND CHUCKY WHO WERE CHILLING IN HER SPACE NOT AFRAID AT ALL. MIKE PENCE WAS DOING NANCY JOB. SHE’S THE BOSS AND SHE’S SITTING ON THE SIDE LINE LETTING EVERYTHING PLAY OUT AS SHE ORCHESTRATED WITH HER DAUGHTER FILMING IT ALL. FOR PROFIT AT THE EXPENSE OF $90,000.00 IN CASH AND WHO KNOWS HOW MUCH SHE BILLED THE NATION TO REPAIR THE CAPITAL. AND WORSE SHE WASTED FUNDS ON A FENCE THAT WAS UNNECESSARY AND WORSE. SHE HAD OUR MEN AND WOMEN LITERALLY SLEEPING AND SITTING ON THE FLOORS OF THE CAPITAL SHE WAS PRANCING THRU FED UNDER COOKED FOOD WHILE SHE HOUSED ILLEGAL INVADERS IN 5 STAR HOTELS IN THE AREA. AND WORSE. WHEN IT DIDN’T LOOK GOOD FOR OUR SOLDIERS SLEEPING ON THE FLOORS OF THE CAPITAL THEY WERE KICKED TO THE OPEN AIR PARKING LOTS AND SIDE WALKS WERE SUPPOSEDLY CAS CARS ARE BAD FOR ENVIRONMENT BUT OK TO PLANT A SOLDIERS TENT NEXT TO A TAIL PIPE. THANK GOD OUR GOP CANDIDATES WERE KIND ENOUGHT TO BRING OUR SOLDIERS HOT READY FOOD AS THANKS FOR THEIR SERVICE CAUSE NANCY WAS TO INTERESTED IN PROFIT AND PARTY TO RECOGNIZE THE HARM SHE WAS DOING TO OUR NATION. OUR MILITARY AND OUR BUDGET. PADDING HER OWN. THEN AGAIN SHE TURNED SAN FRAN INTO A TOILET