The continued existence of former President Donald J. Trump’s 2024 campaign is currently being litigated in a Colorado courtroom. This trial is a result of a lawsuit brought by voters in Colorado who argue that Mr. Trump is ineligible to hold office under the 14th Amendment of the Constitution because of his actions before and during the January 6, 2021, attack on the Capitol. A similar lawsuit in Minnesota is also being discussed in oral arguments. Here is an overview of the Colorado case and its implications.
The lawsuit was filed in September in a state district court in Denver by six Colorado voters, including four Republicans and two independents, who are being supported by the watchdog group Citizens for Responsibility and Ethics in Washington. These voters claim that Mr. Trump’s presence on the Republican primary ballot next year would harm them by taking away support from their preferred candidates. If he were to win the nomination, they argue that it would deprive them of the opportunity to vote for a qualified candidate in the general election. Their demands include having Mr. Trump’s name not printed on the ballot and obtaining a court ruling that disqualifies him to eliminate any uncertainty.
The central focus of the case is Section 3 of the 14th Amendment, which states that no person who has engaged in insurrection or rebellion against the United States shall hold any office. The key questions revolve around whether the 14th Amendment applies to the presidency, whether Mr. Trump’s behavior constitutes engaging in insurrection or rebellion against the Constitution, and whether election officials or the courts can determine a person’s eligibility under Section 3 without specific action by Congress.
Constitutional experts have differing opinions on whether Mr. Trump is eligible. Some argue that his actions on January 6 qualify as engaging in insurrection, while others disagree. The trial in Colorado has seen witnesses testify on behalf of the plaintiffs, including police officers who were present at the Capitol attack, Representative Eric Swalwell, a law professor, an expert on political extremism, a deputy elections director, and the chief investigative counsel for the January 6 committee. They provided their perspectives on Mr. Trump’s involvement and the impact of his actions.
On the other hand, Mr. Trump’s legal team has called witnesses such as a former chief of staff at the Defense Department, a former spokeswoman for his campaign, an organizer of the January 6 rally, a general counsel and chief of staff to a Republican representative, a treasurer of the Colorado Republican Party, Representative Ken Buck, and a law professor. They presented arguments, testimonies, and interpretations of historical documents to defend Mr. Trump’s eligibility and refute allegations against him.
The outcome of the Colorado case and the Minnesota case will have significant implications for Mr. Trump’s potential 2024 campaign. These trials will determine whether he can appear on the Republican primary ballot and whether he is eligible to hold office based on the 14th Amendment. The answers to these questions are complex and will shape the future of American politics.