CREW lawsuit to disqualify Trump from Colorado 2024 ballot remains alive

 

Having disqualified himself from public office by violating Section 3 of the 14th Amendment, Donald Trump must be removed from the ballot, according to a lawsuit filed today by six Republican and unaffiliated Colorado voters including former state, federal and local officials, represented by Citizens for Responsibility and Ethics in Washington and the firms Tierney Lawrence Stiles LLC, KBN Law, LLC and Olson Grimsley Kawanabe Hinchcliff & Murray LLC.

Section 3 of the 14th Amendment, also known as the Disqualification Clause, bars any person from holding federal or state office who took an “oath…to support the Constitution of the United States” and then has “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.” On January 20, 2017, Donald Trump stood before the nation and took an oath to “preserve, protect and defend the Constitution of the United States.” After losing the 2020 presidential election, Donald Trump violated that oath by recruiting, inciting and encouraging a violent mob that attacked the Capitol on January 6, 2021 in a futile attempt to remain in office.

Now, from CNN:

CNN — Former President Donald Trump has lost the first of several attempts to throw out a lawsuit that seeks to block him from the 2024 presidential ballot in Colorado, based on the 14th Amendment’s prohibition against insurrectionists holding public office.

Colorado District Judge Sarah Wallace this week rejected Trump’s bid to get the lawsuit dismissed on free-speech grounds.

The former president still has several pending challenges against the case, which was initiated by a liberal government watchdog group.

A trial to determine Trump’s eligibility is set for October 30, if the case reaches that stage. Colorado election officials say there’s a “hard deadline” to resolve the dispute before January 5, when the ballot printing process begins for the March 5 Republican primary.

In a 22-page ruling, Wallace said she wasn’t swayed by Trump’s argument that the lawsuit seeks to improperly restrict his rights to participate in the political process.

“The Court has no difficulty concluding that it is to the benefit of the general public that, regardless of political affiliation, only constitutionally qualified candidates are placed on the ballot,” Wallace wrote.

She added that resolving the question of Trump’s eligibility is particularly important because he is seeking “the highest office in the country” and “the disqualification sought is based on allegations of insurrection against the very government over which the candidate seeks to preside.”

Unprecedented cases

Citizens for Responsibility and Ethics in Washington, or CREW, filed the Colorado lawsuit on behalf of a group of Republican and unaffiliated voters in the state. This is one of three major challenges against Trump’s eligibility for the 2024 ballot – similar cases are pending in Minnesota and Michigan, where a different group filed lawsuits.

CREW’s chief counsel Donald Sherman said in a statement that the group is “pleased with the Court’s well-reasoned and very detailed order, leading to a thorough decision, and look forward to presenting our clients’ case at trial.”

The group sued Trump and Colorado Secretary of State Jena Griswold, who oversees elections in the state. Griswold, a Democrat, previously told the judge that she doesn’t have a position on Trump’s eligibility and would comply with the judge’s final decision.

However, Griswold has said in court filings that she “believes that Mr. Trump incited the insurrection” and therefore wants the judge to determine if the 14th Amendment’s insurrectionist ban can be applied through Colorado state law, because she has “sworn a solemn oath to uphold the U.S. Constitution and to effectuate its requirements.”

Wouldn't THAT be loverly?