Jan. 6 Election Interference
In a recent ruling, Colorado District Judge Sarah Wallace determined that former President Donald Trump “acted with the specific intent to incite political violence” on January 6, 2021, but allowed his name to remain on state ballots for the 2024 election. Despite this decision, both Trump’s legal team and the Citizens for Responsibility and Ethics in Washington (CREW), a nonprofit group representing six Colorado voters, have filed separate appeals.
Wallace’s ruling acknowledged Trump’s argument that Section 3 of the 14th Amendment, which bars individuals who participated in “insurrection” from holding office, did not explicitly include presidents. However, she also concluded that Trump intentionally incited political violence with the aim of disrupting the electoral certification at the Capitol.
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In its appeal to the Colorado Supreme Court, CREW highlighted what it deemed as a contradiction in Wallace’s decision, arguing that, given the finding of insurrection, Trump should be disqualified from office.
While Trump’s legal team welcomed the part of the ruling that preserved his name on Colorado ballots, their appeal focuses on disputing Wallace’s conclusions regarding the former president’s intent to incite violence on January 6. They claim that the judge’s findings were legally and factually unsupported, warranting a review.
The Colorado case is poised to reach the U.S. Supreme Court, where the contentious findings on Trump’s role in the Capitol riot are likely to undergo further litigation.
Georgia Election Interference
In the sprawling election interference case in Georgia, Judge Scott McAfee presided over a hearing concerning the potential revocation of bond for Trump’s co-defendant, Harrison Floyd. The case involves allegations against Floyd, the former Black Voices for Trump director, who faces four felony counts, including harassing Fulton County election worker Ruby Freeman.
McAfee heard arguments regarding the revocation of Floyd’s bail based on social media posts that Fulton County District Attorney Fani Willis contends violate the terms of his release. Although McAfee refrained from sending Floyd back to prison over inflammatory posts, he modified the terms of the bond order, prohibiting Floyd from publicly discussing witnesses and unindicted co-conspirators in the case.
Floyd’s attorneys argued in a court filing that their client did not threaten or intimidate anyone and did not directly or indirectly communicate with witnesses or co-defendants.
This development is noteworthy, as Floyd becomes the first co-defendant in Georgia to challenge a gag order, raising parallels with Trump’s challenges to similar orders in the past. If McAfee determines that Floyd violated the modified terms of his bond agreement, potential consequences include imprisonment.
Why It Matters
The legal battles in both Colorado and Georgia underscore the persistent challenges faced by Donald Trump, with the Colorado case expected to reach the U.S. Supreme Court, and the Georgia case bringing attention to issues of free speech rights and potential consequences for co-defendants engaging in social media attacks on witnesses.
