A Colorado trial, scheduled in a Denver courtroom on Nov. 6, will consider whether 2024 GOP presidential candidate Donald Trump is eligible to hold the highest office in the United States.
The lawsuit, filed in September by six Colorado voters along with the watch group Citizens for Responsibility and Ethics in Washington (CREW), seeks to disqualify Trump from the 2024 ballot under the "insurrection clause" of Section 3 of the Fourteenth Amendment.
According to Section 3 of the Fourteenth Amendment, anyone who took an oath to support the Constitution but then "engaged in insurrection or rebellion" cannot hold public office. The plaintiffs alleged that Trump's attempts to overturn the 2020 election and his involvement in the "incited violent mob" to attack the Capitol on Jan. 6, 2021, meet the criteria for disqualification.
"It was Trump’s dereliction of duty – in violation of his oath to preserve, protect and defend the Constitution – that caused the constitutional process to stop," said attorney Eric Olson, the lawyer for the plaintiffs. (Related: Foes using 14th Amendment to try to derail Trump’s 2024 presidential bid.)
The Fourteenth Amendment, which was ratified after the Civil War in 1868, specifies that U.S. officials who have taken an oath to uphold the Constitution can be disqualified from future office if found to have "engaged in insurrection" or provided "aid or comfort" to insurrectionists. However, the Constitution does not specify the mechanism for enforcing this ban, and it has only been applied twice since the 1800s.
Colorado judge denied Trump's request to dismiss the case
Trump has requested to dismiss the case, but Colorado Judge Sarah Wallace, the sole decider of the case's outcome, has rejected his requests multiple times.
In a 24-page ruling, Wallace rejected the argument of Trump that his eligibility should be determined by Congress rather than the courts and the contention that Colorado election officials lacked the authority to enforce the "insurrectionist ban," as stipulated in Section 3 of the Fourteenth Amendment.
"The Court holds that states can and have applied Section 3 pursuant to state statutes without federal enforcement legislation," Wallace wrote.
Moreover, Wallace said the trial is scheduled to last all week and will address nine topics, including whether Section 3 of the Fourteenth Amendment applies to presidents; the interpretation of "engaged" and "insurrection" under the section; whether the actions of Trump fall under the criteria of disqualification; and whether the amendment is "self-executing."
Trump, who has consistently denied any wrongdoing regarding the events of Jan. 6, 2021, pleaded not guilty to both state and federal charges for his alleged attempts to overturn the 2020 election results.
The former president and his campaign team have vehemently condemned the lawsuits and called them "anti-democratic" for trying to interfere with the 2024 presidential election.
"(This lawsuit) looks to extinguish the opportunity…for millions of Coloradans – Colorado Republicans and unaffiliated voters – to be able to choose and vote for the presidential candidate they want," Trump attorney Scott Gessler said. "In fact, the leading Republican presidential candidate, and by many measures, the candidate most likely to win the presidency."
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