Former President Donald Trump’s legal team is making a bold claim, arguing that he shouldn’t be kept off the 2024 presidential ballot over the January 6th insurrection because he never specifically pledged to defend the Constitution, according to a report by Newsweek on Tuesday.
This unexpected twist is part of an appeal in response to a lawsuit aiming to use Section 3 of the 14th Amendment to prevent Trump from seeking future office. The case originated from a complaint by Citizens for Responsibility and Ethics in Washington (CREW), asserting that Trump’s actions on January 6th constituted insurrection or rebellion against the Constitution.
While a Colorado judge acknowledged that Trump engaged in insurrection, she allowed him to remain on the state’s primary ballot, citing Section 3’s lack of explicit mention regarding presidential eligibility.
Trump’s lawyers are now taking a daring approach, claiming he never took an oath to support the Constitution, a key requirement for Section 3 to apply. Instead, they argue he swore only to preserve, protect and defend the Constitution at his 2017 inauguration.
Constitutional experts swiftly criticized this argument as absurd. Tristan Snell, a former assistant attorney general of New York, pointed out, “Trump is arguing the president is not an ‘officer of the United States’ — and so he can’t be disqualified from office under the 14th Amendment.”
The Colorado Supreme Court has agreed to review the case, with oral arguments beginning December 6th. The decision may have widespread implications, determining whether Trump’s conduct renders him ineligible for future election ballots.
Despite vehemently denying allegations of inciting or coordinating the Capitol attack, Trump’s legal strategy of claiming he never swore an oath to defend the Constitution has sparked intense backlash. Congressman Bill Pascrell (D-NJ) expressed frustration on Twitter, calling Trump a treacherous criminal leading the Republican Party.
While Trump succeeded in this argument in the lower court, constitutional law experts stress that Section 3 of the 14th Amendment clearly applies to the presidency. The upcoming Colorado Supreme Court hearing will decide if Trump’s apparent oath to only preserve, protect and defend rather than support the Constitution is sufficient to shield him from the consequences of his actions on January 6th.