U.S. Presidency: Donald Trump Disqualified — Here’s Why

Former President Donald Trump is disqualified from holding the office of president and should not be on Colorado‘s primary ballot, that state’s Supreme Court ruled Tuesday.

The court stayed its ruling until January 4, subject to an appeal to the U.S. Supreme Court, but its decision foreshadows an election year of twists and turns and fought extensively in the courts.

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The state justices, in a 4-3 decision, concluded that Trump is disqualified under section three of the 14th Amendment. The section prohibits from office those who, after taking an oath to support the Constitution, have “engaged in insurrection or rebellion.” A group of plaintiffs, all state electors eligible to vote in the Republican primary, had challenged Trump’s eligibility, citing his conduct on January 6, 2021.

“We do not reach these conclusions lightly. We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach,” they wrote.

The court majority concluded that the attack on the Capitol on January 6 was an insurrection, noting that it “constituted a concerted and public use of force or threat of force by a group of people to hinder or prevent the U.S. government from taking the actions necessary to accomplish the peaceful transfer of power in this country.” They also concluded that Trump engaged in that insurrection, pointing to his conduct before and after the November 2020 election, as well as his speech on January 6, when he “literally exhorted his supporters to fight at the Capitol.”

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The justices wrote, “Unsurprisingly, the crowd at the Ellipse reacted to President Trump’s words with calls for violence. Indeed, after President Trump instructed his supporters to march to the Capitol, members of the crowd shouted, ‘[S]torm the capitol!’; ‘[I]nvade the Capitol Building!’; and ‘[T]ake the Capitol!’”

“As our detailed recitation of the evidence shows, President Trump did not merely incite the insurrection. Even when the siege on the Capitol was fully underway, he continued to support it by repeatedly demanding that Vice President Pence refuse to perform his constitutional duty and by calling Senators
to persuade them to stop the counting of electoral votes. These actions constituted overt, voluntary, and direct participation in the insurrection.”

The justices reversed a ruling from a district court, which concluded that the clause did not apply to the president. The state Supreme Court ruling applies only to Colorado, but if its opinion were to be upheld by the U.S. Supreme Court, it would likely impact ballot decisions across the country.

Other efforts are afoot to prohibit Trump from appearing on the ballot in other states, including in Minnesota and Michigan, even though courts have declined to rule that he is disqualified.

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Steven Cheung, a spokesman for the Trump campaign, said in a statement, “Unsurprisingly, the all-Democrat appointed Colorado Supreme Court has ruled against President Trump, supporting a Soros-funded, left-wing group’s scheme to interfere in an election on behalf of Crooked Joe Biden by removing Trump’s name from the ballot and eliminating the rights of Colorado voters to vote for the candidate of their choice.”

The nine federal justices already are poised to consider another consequential case having to do with Trump and the scope of presidential powers: Whether he is immune from prosecution on election conspiracy charges related to the January 6th attack.

One of the plaintiffs, Norma Anderson, former Republican majority leader of the Colorado House and Senate, said in a statement, “My fellow plaintiffs and I brought this case to continue to protect the right to free and fair elections enshrined in our Constitution and to ensure Colorado Republican primary voters are only voting for eligible candidates. Today’s win does just that.”

Citizens for Responsibility and Ethics in Washington brought the case along with the firms Tierney Lawrence Stiles, KBN Law and Olson Grimsley Kawanabe Hinchcliff & Murray.

CREW president Noah Bookbinder said, “Our Constitution clearly states that those who violate their oath by attacking our democracy are barred from serving in government. It has been an honor to represent the petitioners, and we look forward to ensuring that this vitally important ruling stands.”

The ruling could be stayed longer, depending on the timing of the appeal to the Supreme Court.