Colorado Supreme Court Disqualifies Trump From State’s Primary Ballot
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Colorado’s State Supreme Court has ruled former President Trump ineligible for the state’s 2024 primary ballot, citing his actions during the January 6th riot, in the video published on Dec 20, 2023, by FOX Carolina News, as “Colorado Supreme Court disqualifies Trump from state’s primary ballot“, below:
Below, are findings of Colorado State Supreme Court:
- Candidacy can be challenged
- 14th Amenment applies
- state Courts can enforce ban
- Jan. 6th riot was insurrection
- Trump engaged in insurrection
Former Trump Attorney General Bill Barr and CNN’s Jake Tapper discuss the Colorado Supreme Court ruling that former President Trump cannot appear on the state’s primary ballot next year, in the video published on Dec 20, 2023, by CNN, as “‘Legally wrong and untenable’: Former AG Barr on Colorado Supreme Court ruling“, below:
Donald Trump is disqualified from being president under the 14th Amendment, the Colorado Supreme Court has ruled for its state, removing Trump from the Colorado 2024 GOP primary ballot. On this ruling going to the Supreme Court, Rachel Maddow tells Joy Reid, “I don’t think this is the way that Donald Trump’s political career ends because of what we know about this iteration of the United States Supreme Court.” in the video published on Dec 19, 2023, by MSNBC, as “Maddow: Trump getting kicked off Colorado ballot ‘a real surprise’“, below:
In a stunning decision, the Colorado Supreme Court removed former President Donald Trump from the state’s 2024 ballot, ruling that he isn’t an eligible presidential candidate because of the 14th Amendment’s “insurrectionist ban.” CNN’s Wolf Blitzer discusses this with his politics panel, in the video published on Dec 19, 2023, by CNN, as “Colorado Supreme Court removes Trump from 2024 ballot“, below:
In the video published on Dec 20, 2023, by Nhung Handmade, as “URGENT!! Latest Trump News [12PM} 12/20/23|MSNBC Breaking News Dec 20, 2023“, below:
To review 14th Amendment mentioned in the video above, please refer to the excerpt of wikipedia on the 14th Amendment, Section 3: Disqualification from office for insurrection or rebellion, of the United States Constitution, in italics, below:
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.
This unprecedented disqualification will require agreement from the federal Supreme Court in order to take effect. The question involves not only “whether or not Trump violated the 14th Amendment, Section 3” but also whether or not “State Supreme Court has jurisdiction over act committed in Federal jurisdiction”. Is it possible that this is simply Colorado State Supreme Court’s way to strongly encourage federal Department of Justice to officially bring sedition or insurrection charge against Donald Trump? Upon further research online and consultation with ChatGPT, these are information obtained, in italics, below:
According to Center For Strategic & International Studies, under Q4 & A4, in italics, below:
Q4: Why is a sedition charge or an insurrection charge so serious?
A4: Sedition and insurrection charges are serious because they go to the very heart of U.S. constitutional democracy and the fundamental value of respect for the rule of law that distinguishes the United States from totalitarian regimes.
Over the course of U.S. history, these terms have been utilized to find fault with individuals who were merely being critical of the government or a particular party. However, as the nation matured, the U.S. public developed an almost sacred understanding that dissent, and even hyperbolic conspiracy and seemingly violent rhetoric, can be largely tolerated under the Constitution.
But there is a reason that many are confident that individuals involved in the riot at the Capitol will be charged on seditious conspiracy, and potentially even insurrection. The violent threats leading up to January 6, the actions taken at the Capitol, and the continued incitement of attacks on state and federal governments demonstrate a persistent and determined assault on U.S. democracy. The charges are serious and unprecedented, but so too are the violent actions that took place.
During my discussion with ChatGPT, under You & ChatGPT, in italics, below:
You: Has Donald Trump been charged for Sedition or Insurrection of January 6?
ChatGPT: From a quick search, here’s what I discovered.
As of the information available, Donald Trump has not been charged with sedition or insurrection related to the events of January 6, 2021. However, there are several legal and civil challenges he is facing in connection with that day.
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Legal Jeopardy: Trump’s legal jeopardy for the events of January 6 has increased due to various factors. The Manhattan District Attorney’s indictment of Trump for mishandling confidential materials set a precedent that could potentially influence other prosecutors. Special counsel Jack Smith, who charged Trump in the confidential materials case, is also responsible for the January 6th investigation. Proving Trump’s direct involvement in a conspiracy for insurrection would be challenging, but prosecutors might argue that Trump encouraged rioters and facilitated the violence indirectly. However, it’s important to note that proving these allegations in a court would be complex and challenging.
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Colorado Supreme Court Ruling: The Colorado Supreme Court has disqualified Trump from Colorado’s presidential primary ballot under Section 3 of the 14th Amendment, which bars anyone engaged in “insurrection or rebellion” from holding federal office. This ruling is pending review by the U.S. Supreme Court. It’s important to note that this decision is related to Trump’s eligibility to appear on the ballot and does not equate to a criminal charge of sedition or insurrection.
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Civil Lawsuits: A U.S. appeals court ruled that Trump must face civil lawsuits over his role in the January 6 attack. These lawsuits, filed by U.S. Capitol police officers and Democratic lawmakers, seek to hold Trump responsible for the violence during the riot. The ruling allows these lawsuits to proceed, but it does not make any judgment on the merits of the cases themselves.
In summary, while Trump faces several legal challenges and a significant ruling in Colorado regarding his alleged role in the events of January 6, he has not been formally charged with sedition or insurrection as of the latest available information.
You: Which agency should charge Donald Trump with sedition or insurrection if he were being charged?
Specifically, charges of sedition or insurrection would likely be handled by:
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The Criminal Division of the DOJ: This division oversees federal criminal prosecutions and would be responsible for prosecuting any violations of federal criminal laws, including those related to sedition or insurrection.
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The United States Attorney’s Office: Each federal judicial district has a U.S. Attorney’s Office, which prosecutes criminal cases brought by the federal government. The relevant U.S. Attorney’s Office would handle the prosecution in their jurisdiction.
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The FBI: As the principal investigative arm of the DOJ, the FBI would likely be involved in the investigation of any alleged acts of sedition or insurrection, gathering evidence and building a case for prosecution.
It’s important to note that for a former president like Donald Trump to be charged with sedition or insurrection, there would need to be substantial evidence to support such charges, and the decision to prosecute would be made at the highest levels of the DOJ, possibly involving consultation with the Attorney General. The process would be subject to strict legal scrutiny given the constitutional and political implications of charging a former president with such serious offenses.
Much remains to be seen until January 4, 2024.
An interesting question remains: The 14th Amendment, Section 3 of United States Constitution stated that an individual guilty of engaging in insurrection and/or rebellion should not be able to hold office, but did not state that such an individual cannot run for office. Therefore, if federal Supreme Court finds Donald Trump guilty of insurrection of January 6, 2021, and then Donald Trump runs for office and loses, there will not be any problem. But if federal Supreme Court finds Donald Trump guilty of engaging in insurrection or rebellion, then Donald Trump runs and wins, does that mean the Republican Party will need to choose a different candidate to be in the office? Perhaps the federal Supreme Court will need to clarify for us, of all possible potential consequences when Supreme Court Justices will be reaching their decision.
Gathered, written, and posted by Windermere Sun-Susan Sun Nunamaker More about the community at www.WindermereSun.com
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