Colorado judge paves way for trial on whether 14th Amendment disqualifies Trump from office

The Colorado judge has rejected a second effort by the former president Donald Trump to throw out an appeal to exclude Trump from the 2024 presidential vote using the 14th Amendment’s “insurrectionist ban.”

The decision handed down Wednesday by Colorado District Judge Sarah Wallace clears the way for a trial that will start next week to determine whether Trump is not eligible to return in the White House because of his participation in the 6 January 2021 uprising.

It’s the fifth unsuccessful attempt by Trump to dismiss the Colorado case that is among many lawsuits pending to block his presidential bid in the context of his reliance on the 14th Amendment.

The 14th Amendment, which was adopted following the Civil War, says US officials who swear to respect the Constitution are barred from re-election to post when they “engaged in insurrection” or have “given aid or comfort” to those who were insurrectionists. However, the Constitution does not provide ways to implement the ban and has only been used two times in the 1800s.

In a 24 page ruling, Wallace rejected Trump’s argument that any questions regarding whether he is eligible should be dealt with by Congress rather than courts. She also rejected Trump’s assertion that Colorado elections officials do not have the authority to apply the”insurrectionist ban,” also known as the “insurrectionist ban,” which is protected by Section 3 of the 14th Amendment.

“The Court holds that states can, and have, applied Section 3 pursuant to state statutes without federal enforcement legislation,” Wallace wrote.

She added that the trial will be focused on a variety of important questions such as whether the incidents of the 6 January “constituted an insurrection” and whether Trump “engaged” in insurrection.

Trump has denied any wrongdoing in relation to the assault of the US Capitol. Trump pleaded not guilty federal and state charges arising from his efforts to overturn the 2020 presidential election.

The campaign has criticized the “absurd” lawsuits and said the organizations that are promoting these contests to be candid have been “stretching the law beyond recognition.”

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