CO judge rules Trump ‘engaged in insurrection’ but can still run for pres

Source: Politico | November 17, 2023 | Zach Montellaro, Erica Orden and Kyle Cheney

Colorado judge rules Trump ‘engaged in an insurrection’ — but can still run for president

The ruling came in a case brought by progressive activists who sued the state, arguing that Trump was barred from returning to the office.

A Colorado judge has turned away a challenge looking to disqualify former President Donald Trump from running for president under an interpretation of the 14th Amendment that argued he engaged in insurrection against the United States on Jan. 6, 2021.

The ruling came in a case brought by progressive activists who sued the state, arguing that Trump was barred from returning to the office. A handful of courts in other states turned away similar challenges.

The case in Colorado was brought by the liberal government watchdog group Citizens for Responsibility and Ethics in Washington. CREW argued that Trump is ineligible to run because of a clause in the 14th Amendment, which reads that those who took an oath to defend the Constitution and then have “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof” are ineligible to serve.

CREW said the insurrection at the U.S. Capitol on Jan. 6 disqualified Trump under a reading of the Civil War-era amendment.

The judge found that Trump did engage in an insurrection on January 6, 2021 “through incitement, and that the First Amendment does not protect Trump’s speech.” But she also found that Section 3 of the 14th Amendment doesn’t apply to Trump.

“The Court holds there is scant direct evidence regarding whether the Presidency is one of the positions subject to disqualification,” she wrote.

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Many legal experts say the question of Trump’s eligibility may ultimately need to be answered by the Supreme Court.

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