In a pivotal decision on Friday, a Colorado judge, Sarah Wallace, ruled to permit former President Donald Trump to remain on the state’s election ballot in the upcoming year. However, the judge asserted that Trump had “engaged in insurrection” for inciting the January 6, 2021, attack on the U.S. Capitol by his supporters.
The ruling, likely to be appealed, dismissed a petition from a group of Colorado voters aiming to disqualify Trump under a seldom-invoked constitutional amendment prohibiting officials involved in “insurrection” from holding federal office.
Judge Wallace, in her decision, determined that as president, Trump did not fall within the definition of “an officer of the United States” eligible for disqualification under the amendment.
More Read
This ruling marks a legal victory for Trump, currently facing similar challenges to his candidacy. A spokesperson for Trump, Steven Cheung, commented, “The American voter has a Constitutional right to vote for the candidate of their choosing, with President Donald J. Trump leading by massive numbers.”
Nevertheless, Judge Wallace concluded that Trump’s “conduct and words were the factual cause of, and a substantial contributing factor” to the Capitol attack, stating that he “engaged in an insurrection on Jan. 6, 2021 through incitement.”
The Colorado case, initiated by a group of voters supported by the watchdog organization Citizens for Responsibility and Ethics in Washington (CREW), was a pivotal trial and seen as a litmus test for broader disqualification efforts.
CREW President Noah Bookbinder expressed dissatisfaction with the ruling, stating, “The court’s decision affirms what our clients alleged in this lawsuit: that Donald Trump engaged in insurrection based on his role in January 6th.” Bookbinder confirmed the group’s intention to appeal the decision.
Voters’ attorneys argued that Trump fueled insurrection by disseminating false claims of widespread voter fraud post the 2020 presidential election. They asserted that he summoned supporters to a Washington rally, subsequently urging them to march to the U.S. Capitol during the certification of election results.
Trump’s defense contended that he had no ties to far-right extremist groups pivotal in the attack and that his pre-riot remarks were protected by free speech.
Notably, the ruling applies solely to the Republican presidential primary and general election in Colorado, a state considered safely Democratic by political forecasters for the general election.
This decision marks the latest setback for the broader effort to disqualify Trump. While courts in Minnesota and Michigan rejected attempts to exclude him from the Republican primary ballot, they have yet to rule on his eligibility for the November 2024 general election.
The Colorado decision can be appealed to the state’s supreme court and potentially the U.S. Supreme Court, where a 6-3 conservative majority, including three Trump appointees, could have the final say.
