Trump's Legal Battle: Ex-Secretary of State Takes the Stand to Protect His Right to Run in Colorado Primary
Former President Donald Trump continues to fight back a legal challenge from the watchdog group Citizens for Responsibility and Ethics in Washington (CREW) to block him from running in the Colorado primary. Representing Trump in this case is Scott Gessler, a Republican attorney and former Colorado Secretary of State known for his stance on constitutional issues.
Gessler, who served as the Colorado Secretary of State from 2011 to 2015, has encountered similar challenges in the past. In 2012, he found himself at the center of a lawsuit brought by Abdul Hassan, a naturalized U.S. citizen. Hassan questioned Gessler's decision to bar him from the Colorado presidential ballot on the grounds of not meeting the minimum Constitutional requirements. Hassan argued that while he may be ineligible to assume the office of the presidency, the state should not interfere with his right to seek office through the ballot.
Maintaining his stance, Gessler defended the secretary of state's authority to determine the eligibility of candidates and block their inclusion on the ballot. In a federal court filing on April 24, 2012, Gessler's attorneys stated, "any candidate who does not meet the minimum Constitutional requirements for the office of the Presidency may not be placed on the ballot for that office."
The case eventually reached the Court of Appeals for the 10th Circuit, where a panel of three appellate judges ruled in favor of Gessler. Justice Neil Gorsuch, who authored the ruling, emphasized a state's right to exclude constitutionally ineligible candidates from the ballot to protect the integrity of the political process. Gorsuch's influential opinion in Hassan v. Colorado is now being cited twice in CREW's lawsuit against Trump and Colorado Secretary of State Jena Griswold.
Last week, Gessler, along with other attorneys representing Trump, filed for a snap removal of the case from state court to the U.S. District Court of Colorado. They argue that the underlying federal constitutional issue necessitates resolution in federal court. However, the plaintiffs' attorneys have challenged this move, labeling it "procedurally defective" and seeking to have the case remanded back to state court. As the legal battle unfolds, a federal judge has directed Trump's attorneys to respond to the motion by Tuesday at noon.