Jesse Binnall, an appellate attorney representing former President Donald Trump, has issued a warning to the Colorado State Supreme Court justices who voted to remove Trump from the state’s primary ballot. Binnall expressed discontent with the court’s decision, suggesting that a “real” Department of Justice (DOJ) would federally prosecute the Colorado justices for their actions. He further indicated that if Trump were to win the 2024 election, a future DOJ could take action against these justices and “other judges” involved.

The controversy revolves around the court’s interpretation of the 14th Amendment of the U.S. Constitution, which prohibits individuals who have participated in an insurrection or rebellion against the United States from holding public office. The court concluded that Trump’s involvement in the events leading up to the January 6th Capitol insurrection warranted his disqualification from appearing on the state’s ballot.
Binnall criticized the court’s decision, arguing that it was based on a misinterpretation of the 14th Amendment. His remarks have sparked controversy, with critics expressing concerns about the potential politicization of the justice system. Threatening judges with prosecution based on their judicial decisions undermines judicial independence and impartiality, according to critics. The Colorado State Supreme Court has not yet responded to Binnall’s comments, but it is expected that they may defend their decision as grounded in constitutional interpretation and their duty to uphold the rule of law.
