CO Judge: Trump Engaged In Insurrection But Can Stay On Ballot

The judge seemed to be asking for a higher court ruling in her decision and there’s little doubt that will happen.

The Washington Post called the Colorado ruling “a rebuke” to Trump even as it provided a legal victory:

Denver District Judge Sarah B. Wallace wrote that Trump “acted with the specific intent to disrupt the Electoral College certification of President Biden’s electoral victory through unlawful means; specifically, by using unlawful force and violence.” And, she concluded, “that Trump incited an insurrection on January 6, 2021 and therefore ‘engaged’ in insurrection.”

The ruling goes into great detail about why Section 3 of the 14th Amendment excludes Trump. The Post summarizes:

Wallace determined those who wrote Section 3 “did not intend to include the President as ‘an officer of the United States.’”

The judge also determined that the amendment’s provision technically applied to those who swear an oath to “support” the Constitution. The oath Trump took when he was sworn in after he was elected in 2016 was to “preserve, protect and defend” the Constitution.

Wallace wrote she did not want to disqualify someone from office “without a clear, unmistakable indication” that that was what those who wrote the 14th Amendment intended.

In other words, the judge wants a higher court to decide whether Trump’s behavior should disqualify him and until that happens, she’ll let him stay on the ballot.

Not surprisingly, both sides are declaring victory and the decision is almost certainly on its way to appeal.

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