In Colorado, a recent decision by the state’s Supreme Court has added a new legal obstacle for former President Trump, preventing him from being on the 2024 presidential ballot. This ruling follows allegations connecting Trump to the January 6, 2021, Capitol insurrection, although no charges or convictions have been made in relation to this accusation.
Reports on Tuesday, December 26, 2023, reveal that the FBI is now investigating threats against the Colorado Supreme Court justices who issued the decision. Despite constitutional scholars arguing that the 14th Amendment’s ‘insurrection’ clause was effectively nullified a century ago, tensions have risen, prompting law enforcement at various levels to monitor online platforms for potential threats. According to CNN
A non-partisan research organization discovered inflammatory posts on extremist forums targeting the four Colorado justices, with calls to expose their personal information. Although no specific threats have been identified, the analysis suggests a potential risk of violence from a lone actor or a small group in response to the court’s decision.
One user on a far-right, pro-Trump website posted a concerning message advocating harm to the Colorado justices. The FBI, working in collaboration with local law enforcement, is actively investigating any threats or violence motivated by extremist views.
Former federal prosecutor Ty Cobb, known for defending the Trump administration during the Mueller investigation, predicts that the U.S. Supreme Court will overturn the Colorado Supreme Court’s decision swiftly. Cobb argues that Trump’s qualification as an “officer of the United States” under Article 3 of the 14th Amendment is a key issue, relying on Chief Justice Roberts’ 2010 explanation in Free Enterprise.
Cobb emphasizes that people typically don’t vote for officers of the United States in the context of Article 2, and the term usually refers to appointed officials, with the Constitution specifically addressing the president and vice president in clauses like impeachment.
As the legal battle unfolds, the nation is closely watching, recognizing that the Supreme Court’s decision could significantly impact Trump’s political future and the interpretation of constitutional clauses related to presidential eligibility. The FBI’s involvement underscores the seriousness of threats against Colorado justices, highlighting the volatile nature of the case. Legal experts, including Ty Cobb, anticipate a swift and decisive Supreme Court intervention, with potential implications for Trump’s political standing and constitutional interpretation.