In a pivotal legal development, a Colorado judge ruled on Friday that Donald Trump can remain on the state’s ballot in the upcoming election. However, the judge determined that Trump “engaged in insurrection” by inciting the January 6, 2021 attack on the US Capitol, initiated by his supporters.
Judge Sarah Wallace’s decision, likely to face appeals, dismissed the attempt by a group of Colorado voters to disqualify Trump under a seldom-invoked constitutional amendment barring officials who have participated in “insurrection” from federal office.
While permitting Trump’s candidacy, the judge, in a nuanced stance, highlighted that, as president, Trump did not qualify as an “officer of the United States” subject to disqualification under the amendment.
This verdict marks a victory for Trump amidst a series of challenges to his candidacy. In response, a spokesperson for Trump deemed the ruling “another nail in the coffin of the un-American ballot challenges,” emphasizing the constitutional right of American voters to choose their preferred candidate.
Nevertheless, the judge acknowledged Trump’s role in the Capitol attack, asserting that his “conduct and words were the factual cause of, and a substantial contributing factor” to the events. She concluded that Trump “engaged in an insurrection on Jan. 6, 2021 through incitement.”
The case, brought by Colorado voters and supported by the watchdog organization Citizens for Responsibility and Ethics in Washington (Crew), was viewed as a crucial test case for broader disqualification efforts.
Crew’s president, Noah Bookbinder, affirmed the group’s intention to appeal, stating, “The court’s decision affirms what our clients alleged in this lawsuit: that Donald Trump engaged in insurrection based on his role in January 6.”
The legal argument presented by the voters contended that Trump, through disseminating false claims of voter fraud and urging supporters to march to the Capitol, instigated an insurrection. Thousands of Trump supporters subsequently stormed the Capitol in an unsuccessful attempt to disrupt the certification of the 2020 presidential election results.
Trump’s legal defense maintained that he had no association with far-right extremist groups involved in the attack and that his pre-riot remarks were protected by free speech.
It’s important to note that this ruling exclusively impacts the Republican presidential primary and general election in Colorado, a state considered safely Democratic by nonpartisan political forecasters for the general election.
This decision adds to the setbacks faced by the efforts to disqualify Trump, with courts in Minnesota and Michigan rejecting attempts to exclude him from the Republican primary ballot. However, these courts have not ruled on his eligibility for the November 2024 general election.
The Colorado decision remains subject to appeal to the state’s supreme court and potentially the US supreme court, where a 6-3 conservative majority, including three Trump appointees, holds sway.
By Reuters
