Trump's lawyers attack insurrection claim in legal brief

By 
 January 30, 2024

In a bombshell move, the Colorado Supreme Court ruled late last year that former President Donald Trump incited an insurrection and is thus barred by the 14th Amendment from running for reelection.

Trump has since appealed that decision to America's highest legal body, with a brief submitted by his lawyers arguing that the insurrection charge should vanish. 

Trump called for peace on January 6

According to Breitbart, the brief was submitted earlier this month, and it maintains that far from encouraging his supporters to attack the Capitol on January 6, Trump actually told them to behave peacefully.

"President Trump never told his supporters to enter the Capitol, and he did not lead, direct, or encourage any of the unlawful acts that occurred at the Capitol either in his speech at the Ellipse or in any of his statements or communications before or during the events of January 6, 2021," the brief pointed out.

"President Trump also sent tweets throughout the day instructing his supporters to 'remain peaceful' and '[s]tay peaceful,' and he released a video telling the crowd 'to go home now,'" it continued.

"Calling for peace, patriotism, respect for law and order, and directing the Secretary of Defense to do what needs to be done to protect the American people is in no way inciting or participating in an 'insurrection,'" the brief noted.

Professor claims that Trump sent a "coded" message to supporters

What's more, the brief also derided claims made by Professor Peter Simi that Trump used "coded language" to stage an insurrection.

Simi teaches at Chapman University, and The Hill reported last October that he is regarded as an expert in political violence and extremism.

The professor testified that on January 6, Trump provided a coded "understanding that fighting is the real message, not peaceful."

In response, the brief insisted that the "Court should not allow a candidate’s eligibility for the presidency to be determined or in any way affected by testimony from a sociology professor who claims an ability to decipher 'coded' messages."

Simi accused of believing that Trump is telepathic

"The fact remains President Trump did not commit or participate in the unlawful acts that occurred at the Capitol, and this Court cannot tolerate a regime that allows a candidate’s eligibility for office to hinge on a trial court’s assessment of dubious expert-witness testimony or claims that President Trump has powers of telepathy," it stressed.

What's more, the brief accused the Colorado Supreme Court of attempting to establish "a Trump-specific version of the First Amendment because a sociology professor opined that he speaks in 'coded' language to his supporters."

It added that the former president's words would have been categorized as being "benign" and constitutionally protected had they been spoken by anyone else.

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