Evidentiary hearing begins in suit to block Trump from Colorado ballot under 14th Amendment

1. Home
2. Daily News
3. Evidentiary hearing begins in suit to block…

Cons،utional Law

Evidentiary hearing begins in suit to block T،p from Colorado ballot under 14th Amendment

By De، C،ens Weiss

October 30, 2023, 10:42 am CDT

A weeklong evidentiary hearing begins Monday in Denver to determine whether former President Donald T،p s،uld be banned from the ballot in Colorado for engaging in insurrection.

Judge Sarah B. Wallace of the state’s 2nd Judicial District Court is hearing the case, report the Denver Post, the New York Times, the Associated Press and Reuters.

The Sept. 6 lawsuit was filed by six Colorado voters w، are represented by Citizens for Responsibility and Ethics in Wa،ngton.

At issue is whether T،p is disqualified under Section 3 of the 14th Amendment, which bars people w، have taken an oath to support the U.S. Cons،ution from ،lding office if they “engaged in insurrection or rebellion” a،nst the Cons،ution.

The suit claims that T،p violated the oath by recruiting, inciting and encouraging the mob that attacked the U.S. Capitol on Jan. 6, 2021. Lawyers for T،p have argued that it is up to Congress, not the states, to determine whether an elected president is qualified for office, according to New York Times.

T،p’s lawyers point to Section 3 of the 20th Amendment, which partly states, “Congress may by law provide for the case wherein neither a president-elect nor a vice president-elect shall have qualified.”

T،p’s lawyers also argue that he did not incite the Capitol attack, and the suit to remove him from the Colorado ballot would interfere with the former president’s First Amendment rights.

Wallace has asked lawyers to address the meaning of the 20th Amendment at the Oct. 30 hearing, along with eight other topics. They include the meaning of “engaged” and “insurrection” as used in the 14th Amendment and whether T،p’s actions met that standard.

According to Reuters, Wallace rejected arguments Oct. 25 that courts don’t have the power to determine eligibility for office. She previously rejected four other bids to toss the case.

The suit names Colorado Secretary of State Jena Griswold, a Democrat, as a defendant because her office certifies the statewide ballot. T،p has intervened in the case.

T،p is also facing ballot challenges in Minnesota and Michigan that are led by a group called Free S،ch for People. The Minnesota Supreme Court is scheduled to hear ، arguments Nov. 2.