Judge Sarah Wallace of the Second Judicial District denied a fervent plea to remove former President Donald Trump from Colorado’s 2024 ballot. The request, lodged by a coalition of petitioners including Republicans and an independent voter represented by CREW, sought Trump’s disqualification in light of his upcoming trial related to the events of January 6th, 2023.
The petitioners, in a bid to bolster their case, had urged for a deposition, aiming to preserve trial testimony that they deemed crucial to their argument. They contended that Trump’s alleged violation of the Fourteenth Amendment, involving charges of insurrection and aiding enemies of the U.S. government, necessitated his removal from the ballot. However, Judge Wallace firmly rebuffed their request, deeming a deposition at this stage impractical and inappropriate.
Moreover, this ruling was not the only setback faced by those seeking Trump’s removal from the ballot. On October 23rd, Judge Wallace, in a separate order, dismissed Trump’s plea to disqualify Democratic Colorado Secretary of State Jena Griswold from the case. This plea had been rooted in Trump’s attorney Geoffrey Blue’s claim that Griswold had exhibited clear bias against the former President. Blue argued that Griswold’s public support for the petitioners and her consistent legal positions against Trump rendered her partial and unfit to oversee the proceedings. However, Judge Wallace asserted that while Griswold might harbor personal opinions about Trump, her stance did not translate into antagonism within the context of the case. Thus, Griswold remained an integral part of the legal proceedings.
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Judge Wallace, in addressing the concerned parties, outlined the trial order. The trial would encompass presentations from the petitioners, Griswold, Trump’s legal team, and Colorado GOP members supporting Trump. The judge emphasized a stringent one-touch rule, urging thorough questioning of witnesses when initially called. Cross-examinations were permitted, excluding intervenors interrogating each other’s witnesses.
Amidst these legal battles, constitutional experts highlighted the historic significance of this trial. The proceedings, set to commence on October 30th, centered around enforcing Section III, a step Congress hadn’t taken since 1919 when socialist congressman Victor Berger was barred due to accusations of aiding Germany during World War I. Although Berger was later acquitted, attempts to disqualify insurrectionists at the state level have been rare and largely unsuccessful. Notable exceptions include a 2022 lawsuit in New Mexico, where a convicted rioter, Cuoy Griffin, lost his right to hold office due to his involvement in the January 6th Capitol events, following a lawsuit led by CREW.
As the legal battle intensified, the nation watched with bated breath, awaiting the outcome that could potentially reshape the boundaries of state-level disqualifications. Despite the fervor surrounding the case, Judge Wallace’s steadfast rulings underscored the gravity of the situation, leaving the fate of Donald Trump’s candidacy hanging in the balance as the trial approached.
