Trump has not been convicted of inciting any kind of "insurrection".
The lower court and the CO Supreme Court found that the application of the 14th Amendment is decidable by the courts.
2. Section Three Involves Judicially Discoverable and Manageable Standards
As we have said, President Trump has not argued before us that Section
Three lacks judicially discoverable and manageable standards, and we believe for
good reason. Section Three disqualifies from certain delineated offices persons
who have “taken an oath . . . to support the Constitution of the United States” as
an “officer of the United States” and who have thereafter “engaged in insurrection
or rebellion.” U.S. Const. amend. XIV, § 3. Although, as we discuss below, the
meanings of some of these terms may not necessarily be precise, we can discern
their meanings using “familiar principles of constitutional interpretation” such as
“careful examination of the textual, structural, and historical evidence put forward
by the parties.” Zivotofsky, 566 U.S. at 201.
G. President Trump Engaged in Insurrection
¶176 President Trump challenges the district court’s findings that he “engaged
in” an “insurrection.” The Constitution leaves these terms undefined. Therefore,
we must make a legal determination regarding what the drafters and ratifiers
meant when they chose to deploy these words in Section Three. Mindful of the
deferential standard of review afforded a district court’s factual findings, we
conclude that the district court did not clearly err in concluding that the events of
January 6 constituted an insurrection and that President Trump engaged in that
insurrection.
We conclude that the foregoing evidence, the great bulk of which was
undisputed at trial, established that President Trump engaged in insurrection.
President Trump’s direct and express efforts, over several months, exhorting his
supporters to march to the Capitol to prevent what he falsely characterized as an
alleged fraud on the people of this country were indisputably overt and voluntary.
Moreover, the evidence amply showed that President Trump undertook all these
actions to aid and further a common unlawful purpose that he himself conceived
and set in motion: prevent Congress from certifying the 2020 presidential election
and stop the peaceful transfer of power.
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