Back in December, the Colorado Supreme Court decided to deny Trump ballot access in the state's Republican primary due to his alleged participation in the events of Jan. 6, 2021 at the Capitol. The court argued that the incursion resulted in an insurrection incited by the former president, disqualifying Trump under Section 3 of the 14th Amendment of the Constitution, also known as the "insurrection clause." This clause barred people who supported the Confederacy in the Civil War from holding office if they engaged in insurrection or rebellion.
As a response, Trump appealed the Colorado decision to the federal Supreme Court on Jan. 4, which, two days later, confirmed that it would review the case.
During the court session on Feb. 8, Alito questioned Attorney Jason Murray, the attorney representing the groups from Colorado seeking to bar Trump's name from appearing on the ballot.
Alito posed a hypothetical scenario that involved a president providing funds to a country openly hostile to the United States. He questioned whether a state could argue that such an action constitutes aid and comfort to the enemy.
"Suppose there is a country that proclaims again and again and again that the United States is its biggest enemy, and suppose that the president of the United States, for diplomatic reasons, think it is in the best interest of the United States to provide funds or release funds so that they can be used by that country, could a state determine that person has given aid and comfort to the enemy, and therefore, keep that person off of the ballot?" Alito asked.
The hypothetical scenario referred to Biden's decision to lift the $6 million in sanction funds to be returned to Iran, a nation with known antagonistic intentions towards the U.S., last October. Subsequently, a massacre in Israel by Hamas occurred, and reports suggested that the attack had Iran's approval. However, Murray argued that it would not meet the criteria for insurrection. (Related: Biden’s $6 billion ransom payment to Iran motivates Hamas to take more American hostages.)
"This Court has never interpreted the aid and comfort language, which also is present in the treason clause," said Murray. "But commentators have suggested it's been rarely applied because treason prosecutions are so rare, but commentators have suggested that first of all, that aid and comfort really only applies in the context of a declared war, or at least an adversarial relationship where there is in fact a war between two countries."
"And second, the intent standard would do a lot of work there because under Section 3, whatever the underlying conduct is engaging in insurrection or aid and comfort has to be done with the intent to further the unlawful purpose of the insurrection or or to aid the enemies in their pursuit of war against the United States," Murray continued.
Chief Justice Roberts warns about the domino effect of disqualifying Trump on Colorado ballot
Chief Justice John Roberts voiced similar concerns to those of Alito. Roberts stated the risk of a domino effect, predicting that other states could follow suit, disqualifying candidates based on varying standards of proof and rules about evidence.
"If Colorado’s position is upheld, surely there will be disqualification proceedings on the other side, and some of those will succeed. It will come down to just a handful of states that are going to decide the presidential election. That’s a pretty daunting consequence," warned Roberts.
"In very quick order, I would expect... that a goodly number of states will say, whoever the Democratic candidate is, ‘You’re off the ballot,’ and others for the Republican candidate, ‘You’re off the ballot,'" the chief justice continued.
Moreover, Roberts challenged Murray's argument that potentially frivolous applications of a constitutional provision should not hinder the Supreme Court from ruling in favor of Colorado.
"You might think they’re frivolous, but the people who are bringing them may not think they are frivolous. Insurrection is a broad term," he said.
Watch this video from Red Voice Media discussing and criticizing why the Biden regime is giving another $10 billion to Iran after the $6 billion ransom payment.
This video is from the Red Voice Media channel on Brighteon.com.
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Biden extends SANCTIONS WAIVER for Iran, giving Tehran access to $10 billion in frozen funds.
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