Denver Probably Only First Stop to Supreme Court for Trump
After days of intense testimony and debate, the hearing regarding Donald Trump's eligibility to appear on Colorado's 2024 primary ballot ended on Friday.
The case, brought forward by lawyers for four Republican and two unaffiliated voters, argued that Trump's actions leading up to and during the January 6th attack on the U.S. Capitol constituted an engagement in insurrection, thus disqualifying him under Section 3 of the 14th Amendment.
Throughout the hearing, Trump's legal team and a variety of witnesses, including a high-ranking staff member from the committee investigating the attack and a legal scholar, presented their arguments to Denver District Court Judge Sarah B. Wallace, who is responsible for determining whether Colorado's election law requires Secretary of State Jena Griswold to exclude Trump from the ballot.
One of the key witnesses called by Trump's legal team was Robert J. Delahunty, a retired law professor whose testimony cast doubt on Trump's disqualification under Section 3. Delahunty argued that Congress has not given guidance to the courts about Section 3 disqualifications and that it is not the job of the court to interpret the Constitution. He also expressed concerns about the definition of an insurrection, saying it is too imprecise and could potentially include actions like disrupting a Senate vote on a presidential nomination.
However, Delahunty was not presented as an expert on Section 3 and his past writings, including articles for conservative outlets and controversial opinions on topics such as the vice president's role in accepting presidential electors, were brought into question by the attorneys for the petitioners.
In a compelling cross-examination, the petitioners' attorneys also brought up the fact that Delahunty had previously stated that the presidency is covered by Section 3, contradicting his current testimony. He also acknowledged that he was not aware of Trump's own admission that he was an "officer of the United States" in a court filing earlier this year.
The petitioners also called Timothy Heaphy, a former U.S. attorney under the Obama administration and chief investigative counsel for the congressional committee investigating the Jan. 6 attack.
Heaphy testified that the committee found evidence that Trump instigated the attack and bore responsibility for the violence. But Trump's attorneys challenged his credibility, questioning whether the committee members had an open mind regarding their investigation and pointing to statements made by the members before and during the investigation that blamed Trump for the insurrection.
As the hearing concluded, both sides presented their closing arguments, and the decision now rests in the hands of Judge Wallace. She will issue an order shortly declaring her legal conclusions and whether Trump will be included on Colorado's 2024 primary ballot.
READ MORE:
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HISTORIC EFFORT TO KEEP TRUMP OFF THE BALLOT BEGINS IN DENVER
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However, her decision is appealable to the Colorado Supreme Court and possible fast tracked to the U.S. Supreme Court, adding another layer of uncertainty to this ongoing legal battle.
The case, Anderson et al. v. Griswold, has garnered national attention, with many wondering if this ruling will set a precedent for future attempts to disqualify candidates from the ballot.