{"id":5859,"date":"2023-11-02T03:30:51","date_gmt":"2023-11-02T03:30:51","guid":{"rendered":"https:\/\/connectwithfund.com\/politics\/takeaways-from-day-3-of-the-trump-disqualification-trial-in-colorado\/"},"modified":"2023-11-02T03:30:51","modified_gmt":"2023-11-02T03:30:51","slug":"takeaways-from-day-3-of-the-trump-disqualification-trial-in-colorado","status":"publish","type":"post","link":"https:\/\/connectwithfund.com\/?p=5859","title":{"rendered":"Takeaways from Day 3 of the Trump disqualification trial in Colorado"},"content":{"rendered":"
\n

\n A Colorado judge on Wednesday rejected a bid by former President Donald Trump to shut down the 14th Amendment case against his 2024 candidacy in the middle of the ongoing trial.\n <\/p>\n

\n Denver District Court Judge Sarah Wallace said she wanted to let the proceedings move forward and hear more evidence, including on how the First Amendment might protect Trump\u2019s incendiary speech on January 6, 2021, which the challengers have\u00a0described as a \u201ccall to violence.\u201d\n <\/p>\n

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\n <\/source><\/source><\/source><\/source><\/picture>\n <\/div>\n<\/div>\n

\n With that, Trump began his defense case, featuring testimony from former Pentagon official\u00a0Kash Patel\u00a0and former Trump campaign adviser\u00a0Katrina Pierson, who helped organize the January 6 rally.\n <\/p>\n

\n It all played out one day before a\u00a0separate challenge\u00a0will be heard in Minnesota, where another advocacy group filed a similar lawsuit hoping to remove Trump from the 2024 ballot. Oral arguments are scheduled for Thursday at the Minnesota Supreme Court to weigh Trump\u2019s spot on the state\u2019s ballot.\n <\/p>\n

\n The 14th Amendment, ratified after the Civil War, says US officials who take an oath to uphold the Constitution are disqualified from office if they \u201cengaged in insurrection.\u201d But the Constitution doesn\u2019t say how to enforce the ban, and it has only been applied twice since 1919, which is why many experts view these challenges as a legal long shot.\n <\/p>\n

\n Here are the latest highlights from Colorado and a preview of what\u2019s to come in Minnesota.\n <\/p>\n

\n The challengers\u00a0are six GOP and independent voters, whose lawsuit has the backing of a DC-based watchdog group called Citizens for Responsibility and Ethics in Washington. They wrapped up their case Wednesday with testimony from one of the leading scholars on the 14th Amendment, who said the insurrection ban applies \u201cbroadly\u201d and covers \u201cwords of incitement.\u201d\n <\/p>\n

\n Indiana University law professor Gerard Magliocca has studied the 14th Amendment long before the 2020 election \u2013 including the congressional debate over its language, Justice Department memos about how the ban was applied during Reconstruction, and subsequent court cases on disqualification.\n <\/p>\n

\n He has previously said he believes Trump is disqualified because of January 6. On the witness stand, he said the 14th<\/sup>Amendment was meant to apply expansively, including against presidents, and has been enforced by state courts. This rebuts some of the key defenses put forward by Trump\u2019s lawyers.\n <\/p>\n

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\n \u201cDuring Reconstruction, \u2018engage in insurrection\u2019 was understood broadly to include any voluntary act in furtherance of an insurrection against the Constitution, including words of incitement,\u201d Magliocca said, citing opinions published by the attorney general at the time, among other historical evidence.\n <\/p>\n

\n \u201cIt did not apply only to those who took up arms,\u201d Magliocca added.\n <\/p>\n

\n He described one example from 1868, shortly before the amendment was ratified, when Congress decided that a Kentucky politician was disqualified from serving because he wrote a letter-to-the-editor advocating for violence against Union troops. Another senator-elect was disqualified because he sent $100 to his son, who was serving in the Confederate Army.\n <\/p>\n

\n Trump\u2019s lawyers have\u00a0argued\u00a0that January 6 was not a full-blown insurrection as envisioned in the 14th Amendment. Magliocca said the writers of the amendment believed an insurrection was \u201cany public use of force or threat of force, by a group of people, to hinder or prevent the execution of the law.\u201d\n <\/p>\n

\n In a\u00a0separate criminal case, special counsel Jack Smith accused Trump of conspiring to \u201cobstruct and defeat the lawful federal government function by which the results of the presidential election are collected, counted, and certified.\u201d That indictment highlights Trump\u2019s heated rhetoric on January 6 and how he \u201cexploited\u201d the violence, but Smith didn\u2019t charge Trump with inciting the riot or with insurrection. Trump has pleaded not guilty.\n <\/p>\n

\n Trump\u2019s legal team put on testimony that tried to undercut the notion that Trump was hoping his supporters would become violent and that he was\u00a0derelict in his duties\u00a0during the Capitol riot.\n <\/p>\n

\n Patel said senior Pentagon leaders believed on January 6 that Trump \u201chad authorized the National Guard troops we needed\u201d during a meeting a few days earlier.\n <\/p>\n

\n Patel acknowledged that he makes $15,000 each month to work for a\u00a0pro-Trump PAC\u00a0and is on the board of Trump\u2019s social media company.\n <\/p>\n

\n Later in the day, Pierson, a\u00a0key interlocutor\u00a0between the Trump White House and the groups that put on the Ellipse rally on January 6, described how she tried to keep most \u201cfringe\u201d members of the pro-Trump orbit away from the official event.\n <\/p>\n

\n She said she worked to exclude right-wing conspiracy theorists Alex Jones and Ali Alexander, who were \u201cknown for being over-the-top in their rhetoric, whether it be conspiracy or outright chaos.\u201d A deal was struck for them to headline\u00a0a rally on January 5\u00a0instead, while Trump would speak on January 6.\n <\/p>\n

\n Before he began his defense case, Trump lawyer Scott Gessler asked Wallace for a \u201cdirected verdict\u201d declaring that the challengers didn\u2019t prove their case and that Trump should stay on the ballot.\n <\/p>\n

\n But she rejected that request and let the trial proceed. (She plans to decide the case by Thanksgiving.)\n <\/p>\n

\n Gessler had argued that there is no evidence \u201cthat shows that President Trump in any manner, in any way, incited an insurrection, incited violence, incited a riot\u201d under the Supreme Court precedent that says speech is protected under the First Amendment unless it spurs imminent lawless action.\n <\/p>\n

\n Regarding\u00a0Trump\u2019s speech on January 6, when he told supporters to \u201cfight like hell\u201d \u2013 Gessler argued that \u201cnone of President Trump\u2019s words were a call to violence.\u201d He pointed out that the January 6 committee found that some of the unrest at the US Capitol began before Trump finished his speech.\n <\/p>\n

\n The judge said she was \u201cnot prepared today to reconcile\u201d the competing theories for how the First Amendment\u2019s free speech protections interplay with the 14th\u00a0Amendment\u2019s insurrectionist ban.\n <\/p>\n

\n \u201cThere\u2019s clearly a conflict,\u201d Wallace said. \u201cOn the one hand, you have people in the 1800s being disqualified for writing a letter to the editor. Clearly speech. On the other hand, you have a body of law holding the standards for finding incitement are very high, and the speech needs to be very specific.\u201d\n <\/p>\n

\n The Colorado case is one of three major challenges against Trump. Another left-leaning group, Free Speech for People, filed lawsuits in Minnesota and Michigan.\n <\/p>\n

\n Oral arguments are scheduled for Thursday at the Minnesota Supreme Court. The challengers sued Trump and Minnesota Secretary of State Steve Simon, who oversees ballot access. The plaintiffs include a former GOP-appointed state Supreme Court justice and a former Democratic secretary of state.\n <\/p>\n

\n Simon, a Democrat, hasn\u2019t taken a position on Trump\u2019s eligibility, though his office said in court filings that it believes the lawsuit is \u201cthe proper process provided by state law\u201d to adjudicate the question. He said he\u2019ll abide by the court\u2019s decision and asked the court to rule by January, before the March primary.\n <\/p>\n

\n The Minnesota Supreme Court asked the parties to flesh out key topics, including whether the challengers have standing, whether Congress would need to take action to implement the \u201cinsurrectionist ban,\u201d and whether the ban applies to presidents \u2013 because the Constitution doesn\u2019t explicitly say that it does.\n <\/p>\n

\n \u201cBoth the federal Constitution and Minnesota law place the resolution of this political issue where it belongs: the democratic process, in the hands of either Congress or the people of the United States,\u201d Trump\u2019s lawyers wrote in a court filing.\n <\/p>\n

\n CNN\u2019s Avery Lotz and Carol Rangel contributed to this report.\n <\/p>\n<\/p><\/div>\n

Read the full article here<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

A Colorado judge on Wednesday rejected a bid by former President Donald Trump to shut down the 14th Amendment case against his 2024 candidacy in the middle of the ongoing trial. Denver District Court Judge Sarah Wallace said she wanted to let the proceedings move forward and hear more evidence, including on how the First Amendment might protect Trump\u2019s incendiary speech on January 6, 2021, which the challengers have\u00a0described as a \u201ccall to violence.\u201d With that, Trump began his defense case, featuring testimony from former Pentagon official\u00a0Kash Patel\u00a0and former Trump campaign adviser\u00a0Katrina Pierson, who helped organize the January 6 rally.<\/p>\n","protected":false},"author":1,"featured_media":4557,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[43],"tags":[],"class_list":["post-5859","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-politics"],"yoast_head":"\nTakeaways from Day 3 of the Trump disqualification trial in Colorado | ConnectWithFund<\/title>\n<meta name=\"description\" content=\"A 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