Judge in Colorado case to keep Trump off 2024 ballot rules against motion to dismiss

 October 28, 2023

Colorado Judge Sarah Wallace rejected arguments by former President Donald Trump's legal team to dismiss the case just days before it is set to begin.

Citizens for Responsibility and Ethics in Washington, a left-leaning group, sued Trump and Colorado Secretary of State Jena Griswold on behalf of six voters in the state, arguing that the 14th Amendment precludes Trump from serving in public office because he participated in an "insurrection" on January 6, 2021--the breach of the U.S. Capitol by his supporters.

Trump filed a motion to dismiss the case on September 29, but Wallace said the six voters have the right to petition for relief.

"Motions to dismiss are disfavored, and may be granted when ... the plaintiff would still not be entitled to any relief under any cognizable legal theory," she wrote.

What insurrection?

Several other states have had similar lawsuits, and some have already been dismissed while others are pending.

For one thing, Trump has not been convicted of having any part in the events of January 6, if they can even be called an insurrection, which is debatable.

Furthermore, the U.S. Senate acquitted him of such charges after the House impeached him.

Specifically, Wallace rejected an argument that only Congress could decide whether someone should be on the ballot, not individual states.

"It would be strange for Congress to be the only entity that is empowered to determine the disability and then also the entity that is empowered to remove it," she added.

She's determined

Wallace said the allegation that Trump was involved in an insurrection will be addressed at a hearing on October 30, when the trial is set to begin.

Legal experts have already published wide-ranging opinions on whether Trump could be barred from office using the 14th Amendment, both for and against the concept.

Neither of the two indictments of Trump regarding January 6 alleges he incited or participated in a rebellion or insurrection.

Wallace seems determined to hear the case, and if it is successful, it could have implications for other states and for the 2024 election as a whole.

It's probably going to be close, and if Trump is the nominee, he will likely need every state's electoral votes that he carries in order to win.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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