National legal watchdog group Citizens for Responsibility and Ethics in Washington today announced a lawsuit seeking to compel Colorado Secretary of State Jena Griswold to remove Donald Trump from the list of eligible candidates for President in our state “based on his disqualification from public office under Section 3 of the Fourteenth Amendment to the Constitution of the United States.”
Having disqualified himself from public office by violating Section 3 of the 14th Amendment, Donald Trump must be removed from the ballot, according to a lawsuit filed today by six Republican and unaffiliated Colorado voters including former state, federal and local officials, represented by Citizens for Responsibility and Ethics in Washington and the firms Tierney Lawrence Stiles LLC, KBN Law, LLC and Olson Grimsley Kawanabe Hinchcliff & Murray LLC.
Section 3 of the 14th Amendment, also known as the Disqualification Clause, bars any person from holding federal or state office who took an “oath…to support the Constitution of the United States” and then has “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.” On January 20, 2017, Donald Trump stood before the nation and took an oath to “preserve, protect and defend the Constitution of the United States.” After losing the 2020 presidential election, Donald Trump violated that oath by recruiting, inciting and encouraging a violent mob that attacked the Capitol on January 6, 2021 in a futile attempt to remain in office…
“As a longtime Republican who voted for him, I believe Donald Trump disqualified himself from running in 2024 by spreading lies, vilifying election workers, and fomenting an attack on the Capitol,” said conservative columnist for the Denver Post and Republican activist Krista Kafer. “Those who by force and by falsehood subvert democracy are unfit to participate in it. That’s why I am part of this lawsuit to prevent an insurrectionist from appearing on Colorado’s ballot.”
The case is laid out in a 100-page petition filing you can read here. The summary argument is that Trump, having engaged in insurrection on January 6th, 2021, is constitutionally disqualified from running for office, and Colorado’s Secretary of State therefore has the “power and duty” to remove Trump from state’s presidential primary ballot. Secretary of State Griswold is the respondent in the case along with Trump, which may be the first and last time you’ll ever see them even nominally on the same side.
This isn’t the only case where the 14th Amendment has been invoked since January 6th, 2021 in an attempt to judicially end political careers, and though cases against higher profile figures haven’t fared as well a New Mexico county commissioner was successfully thrown off the ballot last year for his role in the insurrection. With the Colorado Republican Party controlled by MAGA-diehard election deniers, the Republicans who signed up to front this lawsuit like Denver Post columnist Krista Kafer are taking a commendably brave stand against their own.
The political opposing argument to this lawsuit is that Colorado is in absolutely no danger of flipping to Trump in 2024 after having been trounced here in the last two presidential elections, and indeed Colorado voters will be highly motivated to turn out in 2024 to reject Trump in the event he wins the Republican nomination. Whether they realize it or not–those in charge generally speaking do not–Republicans in Colorado would benefit greatly from not having to share the ballot with Trump next year. A court ruling disqualifying Trump, as satisfying and even legally justified idea as that may be, lacks the unquestionable finality of a landslide at the polls.
Then again, who are we kidding? Trump doesn’t respect election outcomes either.
For that reason alone, maybe a courtroom is where Trump’s fate belongs.
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I'd rather see Trump running and losing big.
I agree. Let's beat him fair and square and take some more MAGAts with him.
One sunny day in January 2021 an old man crossed Pennsylvania Avenue, where he'd been sitting on a park bench, and walked up toward the White House.
He said to the Marine standing guard, “I would like to go in and meet with President Trump.“
The Marine looked at the man and said, "Sir, Trump is no longer president and no longer resides here."
The old man said, "Okay,” and walked away.
The following day the same old man came to the White House the White House and said to the same Marine, "I would like to go in and meet with President Trump."
The Marine repeated, "Sir, I told you yesterday, Trump is no longer president and no longer resides here."
The man thanked him again and walked away.
On the third day, the old man returned to the White House and spoke to the very same Marine. "I would like to go in and meet with President Trump.”
The Marine, understandably annoyed at this point, looked at the man and said, "Sir, this is the third day in a row you've been here asking to speak to Trump and I've told you each time he's no longer the president and no longer resides here. Don't you get it?"
The old man looked at the Marine and said, "Oh, I understand perfectly. I just love hearing it."
The Marine snapped to attention and said, "See you tomorrow, sir.”
lol
That’s a variation on the one in which a member of Buddy Rich’s band arrives at Rich’s house for rehearsals only to find that ol’ Buddy died.
The problem is that he may not lose big. (At least if the current polls mean anything and I agree, they do not mean very much at this point in time.)
He may actually win, or lose by such a small margin that he will be able to scream STOP THE STEAL yet again, and mobilize his lunatic followers.
If he's the GOP nominee, it could still come down to the ridiculous Electoral College formula where finding 11,780 votes in Georgia (or comparable numbers in PA, WI, MI) might be enough to swing that thing. I hate with every fiber of my being that that's the case, but it is.
It's all part of the Framers' vision, under which the stupidest white people in three or four states get to decide who's POTUS.
I know but Cornel West assures us that he will not be a spoiler next year.
Cornel West currently owes over $500,000 in unpaid taxes and child support.
I wonder if John Eastman will be filing an amicus brief on behalf of the CO GOP in this case.
Just spit my Matcha out!! We get to use his televised, sworn testimony from California in the other cases. There is a goddess.
I don't want him on the Colorado ballot. We need to adhere to the meaning of the 14th Amendment and show the nihilists that we're still a constitutional republic.
Yep. I agree.
Enough with the dancing around, pretending these people aren't traitors.
They are.
If they want to be lenient with Trump…let him leave the country and live in permanent exile…in Mogadishu, say.
Say what you will about the merit/wisdom of this litigation, but damn, that petition is an impressive piece of legal research and writing.
CPR said this morning that the case was filed in federal court, but the caption clearly says state court.
Trump will no doubt remove the case to federal court if for no reason other than the hope that it gets assigned to one of his appointees.
Removing it to Federal court could be a poor choice. If he gets an adverse ruling in a Federal court, he'll get a storm of similar suits seeking to extend the ruling nationally – and applying the existing ruling which has presumed validity at the Federal level to speed the process. At least at the State level he doesn't have that problem, and he loses a state he wasn't going to win anyway.
"At least at the State level he doesn't have that problem, and he loses a state he wasn't going to win anyway."
Very good point. It's not like CO is WI or PA.
I do think there will be retaliation and AL or MI or SC will try to keep Biden off the ballot as payback in much the same way that the upcoming impeachment(s) will be to offset the two Trump impeachments.
Curiously, Trump is not involved in the suit. It is 6 citizens of Colorado suing the Secretary of State of Colorado. I don't think Trump would have standing unless (until?) his name was submitted for certification and the Secretary of State chose to consider him unqualified.
Trump is a named respondent on the petition. I'm guessing it will be uncomfortable for Griswold to have to sit on the same side of the courtroom as Trump.