Judge Speeds Case to Trial Seeking to Ban Trump from 2024 Ballot Over Capitol Riot Despite His Pleas

by Jessica
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A lawsuit seeking to prevent Donald Trump from appearing on the 2024 presidential ballot under the insurrection clause of the 14th Amendment is moving forward rapidly after a judge rejected Trump’s attempt to dismiss the case.

According to a report by Law and Crime on Thursday, October 12, 2023, the lawsuit was filed by a group of voters represented by Citizens for Responsibility and Ethics in Washington (CREW).

They argue that Trump’s role in the January 6, 2021 attack on the Capitol disqualifies him from public office under the 14th Amendment.

Judge Sarah Wallace of the 2nd Judicial District Court in Denver denied Trump’s request to dismiss the case under Colorado’s anti-SLAPP law.

Anti-SLAPP laws are meant to prevent frivolous lawsuits aimed at chilling free speech rights.

But the judge found this case qualifies for exemptions because it involves an important public interest and private enforcement is necessary.

Specifically, the judge wrote that “it is in the public interest that only qualified and faithful candidates be allowed to seek public office.”

She also said it is clearly important to ensure that “only constitutionally qualified candidates can seek to hold the highest office in the country.”

By rejecting Trump’s motion to dismiss, the case can now move forward rapidly to a trial on the merits scheduled for October 30.

The judge emphasized that her decision was purely based on the legal issues, not Trump’s political views.

The 14th Amendment’s insurrection clause prohibits anyone from holding public office who previously took an oath to uphold the Constitution but then engaged in “insurrection or rebellion” against the United States.

The lawsuit argues Trump’s efforts to overturn the 2020 election results, including his speech on January 6, violated this clause.

Trump’s lawyers claimed the insurrection clause does not apply to the president and does not prohibit simply running for office again.

But legal experts have disputed these arguments, noting the clause’s broad language contains no exceptions.

While this is not the only lawsuit trying to keep Trump off the 2024 ballot for effectively leading an insurrection, it is the furthest along in court proceedings.

The outcome of the case could have major implications for Trump’s political future and the 2024 election.

With the case now set for an expedited trial, both sides will have to present evidence and arguments regarding Trump’s conduct surrounding January 6.

The judge’s decision shows courts are taking these lawsuits seriously, rather than dismissing them outright as Trump hoped.

The voters still face the significant challenge of proving Trump engaged in insurrection, but the case will at least be heard.

 

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