A Colorado judge has ruled that former President Donald Trump can remain on the state’s election ballot next year, despite finding that he “engaged in insurrection” by inciting the January 6, 2021, attack on the U.S. Capitol. Judge Sarah Wallace’s decision, which is expected to be appealed, denies a request by a group of Colorado voters to disqualify Trump under a seldom-used amendment to the U.S. Constitution that prohibits officials who have participated in “insurrection” from holding federal office. However, the judge determined that as president, Trump did not fit the criteria of being “an officer of the United States” that could be disqualified under the amendment.
This ruling is seen as a victory for Trump, who is currently facing several similar challenges to his candidacy. A spokesperson for Trump described the decision as “another nail in the coffin of the un-American ballot challenges,” emphasizing the Constitutional right of American voters to choose their preferred candidate.
Despite allowing Trump to remain on the ballot, the judge concluded that his actions and words were a significant factor in the Capitol attack. She stated that Trump “engaged in an insurrection on Jan. 6, 2021 through incitement.” The Colorado case, brought by a group of voters with assistance from the watchdog organization Citizens for Responsibility and Ethics in Washington, was the first to go to trial and was considered a test case for the broader disqualification effort. Noah Bookbinder, President of CREW, announced that they would appeal the ruling, affirming their belief that Trump’s involvement in the insurrection is evident from the lawsuit.
Lawyers representing the voters argued that Trump incited insurrection by spreading false claims of widespread voter fraud following his defeat in the 2020 presidential election. They claimed that he summoned supporters to a rally in Washington and encouraged them to march to the U.S. Capitol, where Congress was certifying the election results. Subsequently, thousands of Trump supporters stormed the Capitol, resulting in violence and chaos.
Trump’s legal team contended that he had no connection to the far-right extremist groups that played a significant role in the attack. They also argued that his remarks before the riot were protected by his right to free speech.
It is important to note that this ruling only pertains to the Republican presidential primary and general election in Colorado. The state is considered safely Democratic for the general election by nonpartisan political forecasters.
This decision represents another setback for the campaign to disqualify Trump. Previous efforts to keep him off the Republican primary ballot in Minnesota and Michigan were rejected by courts, although his eligibility for the November 2024 general election has not been determined.
The ruling in Colorado can be appealed to the state’s supreme court and potentially the U.S. Supreme Court, which currently holds a 6-3 conservative majority, including three justices appointed by Trump.
