A group of Colorado voters urged the Supreme Court to uphold a lower court decision that blocks former president Donald Trump from the state’s primary ballot, arguing that his role in the Jan. 6, 2021, Capitol attack constitutes an insurrection.
Grounds for Disqualifying Trump?
With a court filing that includes riot images and Trump’s tweets, Colorado voters have claimed that Trump incited a blatant attack on democratic principles, breaching his presidential oath.
Presidential Oath Violation Alleged
Their brief emphasized, “As president, Trump swore to preserve, protect and defend the Constitution,” It further accused, “Instead of peacefully ceding power, Trump intentionally organized and incited a violent mob to attack the United States Capitol in a desperate effort to prevent the counting of electoral votes cast against him.”
Trump Appeals to Supreme Court
Trump’s legal team has since appealed to the Supreme Court following Colorado’s highest court ruling him ineligible, citing his participation in insurrection during the lead-up to the Capitol riot.
The Supreme Court is set to consider Trump v. Anderson, No. 23-719, on February 8, shortly before Super Tuesday.
14th Amendment and Trump’s Fate
At the heart of this legal battle is the interpretation of a clause in Section 3 of the 14th Amendment, originating from the post-Civil War era, which reads:
“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.”
‘Officer of the United States’
The Colorado voters’ brief argues that Trump’s submission fails to address whether his actions constituted insurrection adequately. Meanwhile, Trump’s defense counters by claiming that the clause does not specifically apply to the president, stating, “The president is not an ‘officer of the United States’ as that term is used in the Constitution.”
The Immunity Debate
“The brief from the Colorado voters states, “Section 3 does not give a free pass to insurrectionist presidents. They are ‘officers’ because they hold an ‘office.’”
It is ‘common sense’
They further assert, “It would defy common sense to hold that Section 3 disqualifies every oath-breaking insurrectionist officer (down to postmaster or county sheriff) except the most powerful one — a former commander in chief.”
Rarely Used Law, Modern Test
The brief delves deeply into the amendment’s history, noting its rare application due to the scarcity of insurrections against the Constitution. They contend that Trump’s conduct leading up to the Capitol attack constituted insurrection.
Election Result Denial
“Trump refused to accept defeat,” the brief added. “Instead, Trump summoned and incited an angry crowd to attack the Capitol and disrupt the certification of his electoral defeat.”
The Fuse Lit by Trump?
The brief pointedly notes, “On Jan. 6, Trump lit the fuse, knowing the risk of violence and that the crowd was angry and armed. Trump incited violence both explicitly and implicitly during his speech at the Ellipse.”
Graphic Evidence
Throughout the brief are photos of the Jan. 6 attack, showing scenes of disorder outside the Capitol and blue ‘Trump 2020’ banners. Another image depicts Officer Daniel Hodges in pain, trapped in a door frame by the mob.
The ‘Wild’ Protests Tweet
The brief also features Trump’s tweets following his election defeat and leading up to Jan. 6, notably a Dec. 19 tweet encouraging a ‘wild’ protest in D.C. The lawyers correlate Trump’s tweets with images of rioters storming the Capitol, claiming he ‘celebrated the violence.’
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