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Tags: donald trump | ballot | colorado | insurrection | jan. 6 | case | dismissal

Judge Denies Trump '24 Removal Dismissal

By    |   Wednesday, 01 November 2023 07:39 PM EDT

A state judge in Colorado on Wednesday denied former President Donald Trump's motion to dismiss the current case to remove him from the 2024 ballot in that state under the 14th Amendment.

"To be clear, I'm not deciding any of these issues," The Hill reported 2nd Judicial District Court Judge Sarah B. Wallace saying Wednesday in denying the Trump campaign legal team's motion to dismiss the case. "I'm denying the motion for directed verdict because in order to grant the motion for directed verdict, I would have to decide many legal issues that I'm simply not prepared to decide today."

Wallace said that she wanted to fully hear Trump's case before deciding.

"Further, I think I will be better informed to decide the legal issues when I have more of a factual context, which I expect I will have after the presentation of intervenors case," she said.

In its third day of hearings, the case which was brought by six Colorado voters, including four Republicans and two unaffiliated voters seeks to remove Trump from the presidential ballot in the state due to his role in the Jan. 6 protest and riot at the U.S. Capitol, alleging he was part of an "insurrection," CBS News reported Tuesday.

According to Section 3 of the 14th Amendment, "No person shall be a Senator or Representative in Congress, or elector of president and vice-president, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability."

"Trump incited a violent mob to attack our Capitol to stop the peaceful transfer of power under our Constitution," Eric Olson, an attorney for the petitioners, said in his opening argument, according to the CBS report. "It was Trump's dereliction of duty in violation of his oath to preserve, protect and defend the Constitution that caused the constitutional process to stop."

Trump's team, however, argues that Trump's speech earlier that day was protected under the First Amendment, and did not "incite" the violence at the Capitol.

"The failure to do something is the opposite of the word 'engaged,'" Former Colorado Secretary of State Scott Gessler, serving as Trump's attorney in the case, said in the report. "President Trump didn't engage. He didn't carry a pitchfork to the Capitol grounds; he didn't lead a charge; he didn't get into a fistfight with legislators. He gave a speech in which he asked people to peacefully and patriotically go to the Capitol and protest."

The Hill reports there are similar cases brewing in Minnesota and Michigan.

Charles Kim

Charles Kim, a Newsmax general assignment writer, is an award-winning journalist with more than 30 years in reporting on news and politics.

© 2024 Newsmax. All rights reserved.


Politics
A state judge in Colorado on Wednesday denied former President Donald Trump's motion to dismiss the current case to remove him from the 2024 ballot in that state under the 14th Amendment.
donald trump, ballot, colorado, insurrection, jan. 6, case, dismissal, 14th amendment
496
2023-39-01
Wednesday, 01 November 2023 07:39 PM
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