Colorado kicks Trump Off Ballot for 2024

[BPPLEE]

There was a five day trial in Colorado.... to determine if Trump "engaged in insurrection ...."
Based on the evidence presented, the judge determined he had.

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

[edited] ....add Colorado Supreme Court rulling:

- The district court did not abuse its discretion in admitting portions of Congress’s January 6 Report into evidence at trial.
• The district court did not err in concluding that the events at the U.S. Capitol on January 6, 2021, constituted an “insurrection.”
• The district court did not err in concluding that President Trump “engaged in” that insurrection through his personal actions.
• President Trump’s speech inciting the crowd that breached the U.S. Capitol on January 6, 2021, was not protected by the First Amendment.

https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2023/23SA300.pdf

page 8

Did Trump attend this trial, have a lawyer and present a defense? Was he given the opportunity to defend himself and face his accusers?

 

[BPPLEE]

That's impeachment, not the 14th.

It’s still a reason to remove someone from the ballot

 

[Aryeh Jay]

What war was Trump in?

Avoiding STD's was his personal Vietnam...

 

[BPPLEE]

Avoiding STD's was his personal Vietnam...

Off topic, non responsive, toilet humor

 

[BPPLEE]

There have been a few people who pled guilty to seditious conspiracy for the Jan 6 event. So it has been proven in court that insurrection was happening. I guess it's just whether D Trump was in on it or not.

If you want to disqualify an office holder under section 3 of the 14th amendment Congress has to pass a federal criminal statute for insurrection, which Congress did in 1870. That official must be charged under that statute and a jury has to find an office holder guilty and that guilty verdict has to be upheld on appeal. United States v. Powell, 1871

 

[QvQ]

Did Trump attend this trial, have a lawyer and present a defense? Was he given the opportunity to defend himself and face his accusers?

Did Trump attend the trial and present a defense? I have heard about all the other trials but not a trial in Colorado.
It is still almost laughable, a civil war law used against a bunch of protesters. I am ashamed of the nation, in that case.

 

[7thKeeper]

It’s still a reason to remove someone from the ballot

Is it? I mean that in a very technical and legal manner, because in that case, Trump wouldn't be allowed to run no matter what comes of these 14th cases.

 

[QvQ]

I looked it up. As far as I can tell, Trump did not attend the trial, have a lawyer or present a defense. He was not given the opportunity to defend himself or face his accusers. It seems they held some sort of hearing in the lower courts but it was not a trial. A kangaroo court perhaps.
That is the information I can find

 

[A2SG]

I looked it up. As far as I can tell, Trump did not attend the trial, have a lawyer or present a defense. He was not given the opportunity to defend himself or face his accusers. It seems they held some sort of hearing in the lower courts but it was not a trial. A kangaroo court perhaps.
That is the information I can find

Why would he do any of those things? He's not the defendant here.

-- A2SG, he's got that job in plenty of other places, though....

 

[Aryeh Jay]

Off topic, non responsive, toilet humor

“I’ve been so lucky in terms of that whole world,” Trump told Stern of avoiding STDs. “It is a dangerous world out there. It’s scary, like Vietnam. Sort of like the Vietnam era. It is my personal Vietnam. I feel like a great and very brave soldier.”

 

[iluvatar5150]

“I’ve been so lucky in terms of that whole world,” Trump told Stern of avoiding STDs. “It is a dangerous world out there. It’s scary, like Vietnam. Sort of like the Vietnam era. It is my personal Vietnam. I feel like a great and very brave soldier.”

I was trying to think of a joke about him and “My Lai” (mispronounced as “my lay”) but then I realized that the actual pronunciation (“me lie”) is also amusingly appropriate.

 

[SimplyMe]

Did Trump attend this trial, have a lawyer and present a defense? Was he given the opportunity to defend himself and face his accusers?

Did Trump attend the trial and present a defense? I have heard about all the other trials but not a trial in Colorado.
It is still almost laughable, a civil war law used against a bunch of protesters. I am ashamed of the nation, in that case.

I looked it up. As far as I can tell, Trump did not attend the trial, have a lawyer or present a defense. He was not given the opportunity to defend himself or face his accusers. It seems they held some sort of hearing in the lower courts but it was not a trial. A kangaroo court perhaps.
That is the information I can find

No, former President did not attend the trial but his lawyers did represent him at the trial. From a Reuter's article: "Trump's lawyers claimed the former president had no relationship with the far-right extremist groups who played a major role in the attack and that his remarks before the riot were protected by his right to free speech."

More to the point, "In court filings, they [Trump's lawyers] said the insurrection clause was never meant to apply to the office of president, which is not mentioned in the text, unlike “Senator or Representative in Congress” and “elector of President and Vice President.”" This is noteworthy because this is the rational the judge made after the trial, allowing Trump to remain on the ballot. The judge after the trial ruled that had been part of an insurrection but that the 14th Amendment does not restrict who can run for President.

 

[BPPLEE]

Is it? I mean that in a very technical and legal manner, because in that case, Trump wouldn't be allowed to run no matter what comes of these 14th cases.

Why is that?

 

[ozso]

Voters can still write in his name on the ballot.

 

[BPPLEE]

Voters can still write in his name on the ballot.

They added a provision that write in votes for Trump would not be counted

 

[A2SG]

They added a provision that write in votes for Trump would not be counted

I wouldn't worry about it. Trump didn't win Colorado the last couple of times either, so it's not exactly a swing state. It's gone Democratic the last four elections, in fact.

-- A2SG, he won't even miss it.....

 

[ozso]

They added a provision that write in votes for Trump would not be counted

Oh my...

 

[RileyG]

That would be a great thread. If you don't start it, do you mind if I do and credit you for the inspiration?

Sorry, I was getting off topic.

 

[Merrill]

There was a five day trial in Colorado.... to determine if Trump "engaged in insurrection ...."
Based on the evidence presented, the judge determined he had.

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

[edited] ....add Colorado Supreme Court rulling:

- The district court did not abuse its discretion in admitting portions of Congress’s January 6 Report into evidence at trial.
• The district court did not err in concluding that the events at the U.S. Capitol on January 6, 2021, constituted an “insurrection.”
• The district court did not err in concluding that President Trump “engaged in” that insurrection through his personal actions.
• President Trump’s speech inciting the crowd that breached the U.S. Capitol on January 6, 2021, was not protected by the First Amendment.

https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2023/23SA300.pdf

page 8

You can't put someone on trial in absentia and not allow them legal representation

some court in Colorado can't suddenly decide you committed fraud 10 years ago, put you on trial without telling you, and then sentence you --this is absurd

SCOTUS will knock down this ruling in like 5 minutes, and it might even be unanimous

 

[wing2000]

Did Trump attend this trial, have a lawyer and present a defense? Was he given the opportunity to defend himself and face his accusers?

He had most certainly could have attended and testified in the court if he had chosen to. The Trump defense filed multiple motions before the trial. If you have more procedural questions, I susggest you read the ruling - 7. Section 1-1-113 Proceedings Provide Adequate Due Process for Litigants.