Denver judge to rule soon on Trump's ballot eligibility
After hearing closing arguments on Wednesday, a Denver judge could become the first in the country to rule the 14th Amendment's prohibition on insurrectionists holding office applies to Donald Trump and, as a result, he is disqualified from Colorado's 2024 presidential primary ballot.
The petitioners are seeking an order under Colorado's election procedures that would direct Secretary of State Jena Griswold to exclude Trump from the primary ballot, which must be certified by Jan. 5. Under their theory, Trump is ineligible to hold office because he took an oath to the Constitution covered by Section 3 and subsequently engaged in an insurrection.
In a five-day hearing, evidence was presented by both sides, with one arguing that the 14th Amendment disqualifies Trump from holding office and the other stating that it is ultimately up to the voters to decide.
According to the petitioners, Donald Trump’s actions leading up to that day were intended to disrupt the certification of President Joe Biden's victory. This would constitute an act of insurrection and therefore render the former president ineligible to hold office, as stated in the 14th Amendment.
But Trump's lawyer, former Secretary of State Scott Gessler, emphasized that this issue should be left up to the voters, not a judge's interpretation of the Constitution. He argued that the courts should not be used as a tool to determine who can or cannot run for office.
Despite similar cases in other states ruling in Trump's favor, the hearing in Colorado delved into specifics, with expert testimony and social media posts used to support the claims against Trump.
The petitioners' lawyer, Sean Grimsley, pointed to Trump's own words and actions, including his refusal to accept the results of the 2020 election and his speech to supporters prior to the Capitol insurrection.
Grimsley raised two key pieces of evidence: First, Trump's speech to his supporters at the White House Ellipse prior to the Capitol siege, where he suggested the unproven claims of election fraud meant "you’re allowed to go by very different rules."
Second, Trump tweeted at 2:24 p.m., while the mob was assembled at the Capitol, that Vice President Mike Pence, who oversaw the counting of the electoral votes, "didn't have the courage" to reject Biden's electors.
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Gessler, on the other hand, attempted to discredit the findings of the congressional committee that linked Trump to the events of January 6th. He argued that the investigation was biased and that Trump's popularity among his supporters remains strong, making him a viable candidate for office.
Wallace, by law, has 48 hours to issue a ruling — although Griswold's lawyers contended she is not bound by that deadline. Prior to Wednesday, the parties submitted nearly 300 pages of proposed factual findings and legal conclusions for Wallace to draw from.
This case could set a precedent for future rulings on Trump's eligibility to run for office, as it is the first to specifically address the 14th Amendment.