Witness testimonies concluded on Friday in the high-stakes 14th Amendment disqualification trial of former President Donald Trump, setting the stage for a groundbreaking ruling later this month. The weeklong trial, held in Denver District Court, featured a diverse array of testimonies, including legal scholars elucidating the historical context of the amendment, US Capitol Police officers wounded during the January 6 insurrection, organizers of the Trump rally preceding the violence, two House lawmakers, and an expert on right-wing extremism.
The trial centers around the 14th Amendment, ratified after the Civil War, which stipulates that US officials who engage in insurrection are barred from holding future office. Despite the amendment’s existence, there has been limited precedent, with only two applications since 1919. The trial’s unique focus is on whether the events of January 6 constituted an insurrection, and if Trump’s actions can be classified as such.
Denver District Court Judge Sarah Wallace, appointed by Colorado’s Democratic governor, will preside over closing arguments scheduled for November 15. The pivotal questions before her include determining whether January 6 qualifies as an insurrection and if Trump was actively involved. The broader issue of whether the insurrectionist ban applies to former presidents and whether the court or Congress holds the authority to enforce the provision adds complexity to the case.
Throughout the trial, Judge Wallace remained impartial, overruling objections from Trump’s legal team and probing witnesses for clarity. Wallace challenged a legal scholar, Robert Delahunty, who suggested that Congress, not the courts, should determine Trump’s eligibility for office. Delahunty was unable to cite any relevant precedents supporting his stance, emphasizing the court’s role in interpreting the Constitution.
Regardless of the trial’s outcome, an appeal is anticipated. The proceedings are conducted under a special state law allowing expedited hearings, with any appeals directed to the Colorado Supreme Court. Notably, all seven justices on the court are Democratic appointees, and any decision can be appealed to the US Supreme Court, which currently has a conservative supermajority, including three justices appointed by Trump.
Experts, including Derek Muller, an election law specialist at Notre Dame Law School, highlight the challenges faced by Judge Wallace in reaching a verdict. Muller noted the court’s passive approach, allowing extensive evidence, which favors the plaintiffs seeking Trump’s disqualification from the ballot.
The trial also provided insights into the upcoming federal election subversion trial against Trump, slated for March. While Trump isn’t charged with incitement or insurrection in that case, his January 6 speech’s role in fueling the violence is a focal point. The Colorado trial saw Trump’s defense leaning heavily on January 6 revisionism, featuring testimonies from individuals maintaining the 2020 election was stolen. Rally organizer Amy Kremer portrayed the Ellipse crowd as patriotic and peaceful, challenging the insurrection characterization.
Among Trump’s defense witnesses was Tom Bjorklund, a rioter who breached Capitol grounds but claimed he didn’t engage in violence. His testimony underscored the defense’s argument that the events didn’t constitute an insurrection. Additionally, Trump-era Pentagon official Kash Patel blamed Washington, DC, Mayor Muriel Bowser for the delayed National Guard response, while Rep. Ken Buck questioned the credibility of the January 6 committee, alleging a biased composition.
As the trial heads toward a historic ruling, the nation watches, awaiting the court’s decision on Trump’s 14th Amendment challenge, which could have profound implications for his political future.
