Former President Donald Trump’s recent legal triumph in Colorado, where a judge ruled in favor of allowing his name to remain on the state’s primary ballot for the 2024 presidential election, is being met with caution by legal experts who predict potential fallout.
Colorado state District Judge Sarah B. Wallace’s decision on Friday not to remove Trump’s name from the ballot despite finding him liable for insurrection during the January 6, 2021 attack on the U.S. Capitol has sparked concerns among legal scholars. This ruling, according to experts, may pave the way for more legal troubles and challenges in other states.
Former Obama-era acting Solicitor General Neal Katyal expressed his apprehension, stating on MSNBC’s Jen Psaki on Sunday, “This is the very worst decision Donald Trump could get from the trial court.” Katyal cautioned that the ruling might be appealed to the Colorado Supreme Court, potentially leading to a ban on Trump’s ballot candidacy.
Katyal emphasized the potential precedent set by the ruling, suggesting it could be used by other states to challenge Trump’s eligibility based on his role in the Capitol riot. “The judge found that he engaged in insurrection. That is a factual finding that is going to be very hard for Trump to overturn on appeal,” Katyal remarked.
Former Watergate prosecutor Jill Wine-Banks echoed Katyal’s concerns, labeling Wallace’s decision as “a very bad decision for Donald Trump.” Wine-Banks warned that the ruling could trigger a series of lawsuits and investigations against Trump in other states, particularly those he lost in the 2020 election.
Wine-Banks speculated that the ruling might bolster the House select committee’s case investigating the Capitol attack, saying, “This gives the House committee more ammunition to say, ‘You were part of this. You incited this. You are responsible for this.'”
Despite not formally announcing his candidacy for the 2024 election, Trump continues to assert that the 2020 election was rigged and stolen from him. He has downplayed and defended his role in the Capitol attack, refusing to cooperate with the House committee and suing to block the release of his presidential records.
The ruling by Judge Wallace, appointed by former Colorado Governor John Hickenlooper, a Democrat, is the first of its kind addressing the question of whether Trump can run for president again after the Capitol attack. Its potential implications extend to other states with similar provisions barring insurrectionists from holding public office.
