Former President Donald Trump has been found by a Colorado judge to have engaged in insurrection during the January 6, 2021 attack on the U.S. Capitol. However, the judge rejected an attempt to prevent him from being on the state’s primary ballot due to uncertainty regarding whether a Civil War-era Constitutional amendment prohibiting insurrectionists from holding public office applies to the presidency.
The lawsuit was filed by a left-leaning group on behalf of a group of Republican and independent Colorado voters. They argued that Trump’s actions related to the attack violated a clause in the 14th Amendment, which prohibits individuals who “engaged in insurrection or rebellion” against the Constitution from holding office.
This ruling by District Judge Sarah B. Wallace marks the third decision in just over a week against lawsuits seeking to remove Trump from the ballot by invoking Section 3 of the amendment. Last week, the Minnesota Supreme Court determined that Trump could remain on the primary ballot as political parties have sole discretion over candidate selection. Meanwhile, a Michigan judge ruled that Congress is the appropriate authority to decide whether Section 3 applies to Trump.
Judge Wallace’s decision acknowledges that Trump did indeed “engage in insurrection” on January 6 and dismisses his attorneys’ arguments that he was exercising his right to free speech. Normally, this would disqualify him under Section 3; however, the judge explains that she cannot do so for a presidential candidate.
Section 3 of the amendment does not explicitly mention the presidency, unlike its mention of members of the U.S. Senate or House of Representatives. Instead, it refers to “elector of President and Vice President,” as well as civil and military offices.
The judge’s written decision reveals her hesitancy to interpret the amendment in a manner that would disqualify a presidential candidate without clear and unequivocal evidence of such intent.
