Colorado Court: Trump to Remain on Ballot

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Facts

  • A Colorado court Friday ruled against a suit to bar Donald Trump from the state's primary ballot but criticized the former US president and Republican favorite for the GOP 2024 presidential nominee for his actions around the Jan. 6, 2021, Capitol riots.1
  • Judge Sarah B. Wallace of the Denver court ruled that Trump had engaged in insurrection against the Constitution, citing his speech on Jan. 6, which saw him call on his supporters to 'fight like hell.'2
  • Trump's lawyers, however, dismissed the judge's argument, claiming protection under the First Amendment and arguing his speech wasn't a call for violence. A former Defense Department witness also advocated for Trump, saying he had authorized the National Guard to take action that day.3
  • Judge Wallace, however, also found that Section 3 of the 14th Amendment of the US Constitution — which disqualifies those who took an oath to support the Constitution and then 'engaged in insurrection' from holding office — doesn't apply to Trump as it doesn't include the presidential oath.4
  • The Colorado case is one of many legal challenges to Trump's candidacy across the nation, with courts in Minnesota, Michigan, and New Hampshire having also recently backed Trump on the 14th Amendment question.5
  • Meanwhile, the Colorado plaintiffs have announced plans to appeal Friday's ruling to the state's Supreme Court. The US Supreme Court, however, could end up with the final say as legal experts predict the case may be taken up with the nation's highest court.3

Sources: 1Washington Post, 2The New York Times, 3BBC News (a), 4New York Post and 5BBC News (b).

Narratives

  • Pro-Trump narrative, as provided by PJ Media. The Colorado plaintiffs have made up their own definition of insurrection in another failed attempt to keep Trump off the ballot. While the judge's ruling is undoubtedly a victory for the former president, her insurrection opinion is a concerning echo of the left's falsehoods about the riots.
  • Anti-Trump narrative, as provided by The Denver Post. Donald Trump took the presidential oath of office on Jan. 20, 2017, swearing to preserve, protect, and defend the US Constitution. Instead, he engaged in an elaborate scheme to overturn the results of a free and fair election. For months, he spread disinformation about the validity of the 2020 election results. He has no place on the ballot.

Predictions