(RepublicanNews.org) – An unusual legal situation in Colorado could prove troublesome for Republican presidential frontrunner Donald Trump.
On November 17th, Judge Sarah Wallace ruled in the former president’s favor over a landmark case to see whether he could be constitutionally barred from running. The relevant article, namely Section Three of the 14th Amendment, disqualifies anyone who has engaged in an insurrection from holding public office.
A group of citizens backed by the Citizens for Responsibility and Ethics in Washington filed the lawsuit earlier this year, with Colorado being seen as the test case for similar efforts across the nation. Their claim relates to Trump’s alleged involvement in the Capitol riots on Jan. 6th, 2021.
Judge Wallace ruled that the former president “was not an officer” of the U.S. in her ruling in November, thus meaning he could not be disqualified. However, she also concluded that Trump’s conduct and rhetoric were a “substantial contributing factor” in the cause of the riots, determining that he had “engaged” in insurrection.
The complicated ruling has naturally led to both sides submitting an appeal. The complainants argue that Trump should be disqualified on the basis that anyone who breaches the post-Civil War amendment is ineligible for the ballot, while Trump’s attorneys have struck back over the suggestion that he may be an insurrectionist.
Law professor Andrea Katz told Newsweek that the latter point could be “deadly serious” for the former president. After all, should other states follow suit, then Trump could be disqualified if he is deemed an “officer” of the United States, something which Congress has often referred to the president as in the past.
Another professor, Peter Shane, told the publication that Trump had “won” on the issue of whether he is an “officer,” and added that the ruling makes “no sense.” The implications of removing Trump from the ballot are “daunting,” he added, although any disqualification is likely to be appealed to the Supreme Court.
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