Former President Donald Trump can appear on primary ballots in Colorado, a judge ruled Friday, rejecting a claim that the 2024 Republican front-runner should be barred for violating the insurrection clause of the 14th Amendment.
District Judge Sarah Wallace’s ruling reflects recent decisions in Minnesota and Michigan, where courts have dismissed lawsuits arguing that Trump is ineligible to appear on the 2024 ballot because of his actions before and during the Jan. 6 riots. of 2021 at the United States Capitol.
Wallace agreed with the petitioners that Trump “engaged in an insurrection on January 6, 2021 through incitement,” citing the “significant history of Trump’s relationship with political violence and the notable escalation in Trump’s rhetoric before and during January 6.” 2021.”
However, the judge ruled that the insurrection clause of the 14th Amendment, found in section three, does not apply to presidents.
“While the Court agrees that there are persuasive arguments on both sides, the Court holds that the absence of the President from the list of offices to which the Amendment applies combined with the fact that Section Three specifies that the oath disqualifier is one to ‘support’ ‘ the Constitution, while the presidential oath is intended to ‘preserve, protect and defend’ the Constitution, it seems to the Court that for some reason the drafters of Section Three did not intend to include to a person who had only taken the presidential oath,” Wallace wrote in a 102-page opinion.
Judge Wallace ruled that the Insurrection Clause of the 14th Amendment does not apply to presidents, allowing Trump to remain on state ballots.GC Images
“To be clear, part of the Court’s decision is its reluctance to accept an interpretation that would disqualify a presidential candidate without a clear and unequivocal indication that that is the intent of Section Three,” he added.
The insurrection clause of the 14th Amendment prohibits anyone who has “engaged in an insurrection or rebellion” against the Constitution from holding federal or state office.
Judge Wallace presides over the final day of hearings in the lawsuit in Denver, CO, on Friday, Nov. 3, 2023. AP witness Thomas Van Flein, bottom right, shares a screen with Judge Sarah B. Wallace and a photo Trump archive. on January 6, 2021, as part of the lawsuit hearings on Thursday, November 2, 2023.AP
The rarely used clause was included in the post-Civil War 14th Amendment as a means to prevent former Confederate officials from becoming elected officials and assuming control of state and federal governments.
The complaint was filed on behalf of six Republican and unaffiliated Colorado voters represented by the liberal nonprofit group Citizens for Responsibility and Ethics in Washington and two other law firms.
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Source: vtt.edu.vn