A landmark trial commenced in a Denver court on Monday, setting the stage for a crucial legal battle that will decide whether former President Donald Trump can appear on Colorado’s 2024 ballot. The lawsuit, filed by the watchdog group Citizens for Responsibility and Ethics in Washington (CREW) and several law firms on behalf of six Republican and unaffiliated voters, argues that Trump’s involvement in the events leading up to the Capitol attack on January 6, 2021, disqualifies him from holding future office.
The lawsuit invokes Section 3 of the 14th Amendment to the U.S. Constitution, which stipulates that no individual who has “engaged in insurrection or rebellion” after taking an oath to support and defend the Constitution can hold office. Trump’s alleged violation of his oath in his relentless efforts to overturn the 2020 election, culminating in the fateful Capitol attack, forms the crux of the case.
The trial, which was initiated after Colorado Judge Sarah Wallace rejected Trump’s attempt to dismiss the lawsuit, features a fierce legal battle between the plaintiff and defendant, with both sides presenting their arguments and evidence.
Eric Olson, a lawyer representing CREW, opened the proceedings by meticulously detailing Trump’s conduct in the days preceding January 6, 2021. Olson emphasized Trump’s statements and actions, including a December 2020 tweet in which the former president announced a rally in Washington, D.C., and repeatedly discussed January 6 while promoting false claims of election fraud. Olson played a video clip of Trump’s speech on the Ellipse on the morning of the attack, highlighting the moment when Trump urged his supporters to “walk down to the Capitol,” asserting that Trump “knew the power of his words.”
Furthermore, Olson pointed to a tweet Trump posted shortly after his speech, where he criticized then-Vice President Mike Pence for not having the “courage to do what he should have done.” This was followed by a video clip showing a mob of Trump supporters outside the Capitol chanting, “Hang Mike Pence.”
Scott Gessler, a lawyer representing Trump, staunchly defended the former president, branding the lawsuit as “antidemocratic” and the trial as “politicized.” He argued that Trump had used the word “peace” multiple times during his Ellipse speech and in his tweets on January 6. Gessler contended that the lawsuit sought to endorse the one-sided report by the Jan. 6 Committee and insisted that Trump took measures on that fateful day to prevent violence, asserting that the rally outside the Capitol remained “peaceful.”
The defense’s stance was reinforced with the promise to present evidence supporting Trump’s claims that he did not incite violence on January 6. Gessler asserted that the court should only consider “real evidence subject to cross-examination” instead of relying on the Jan. 6 report, which he dismissed as having “little to no credibility.”
In a significant development, Metropolitan Police Department Officer Daniel Hodges testified about his traumatic experiences during the Capitol attack. He vividly described seeing rioters in tactical gear and sustained injuries, including bruises, a contusion on his head, lacerations on his face, bleeding in his mouth, and even an attempt to gouge his eye. Hodges recounted hearing the rioters chant that the “election was stolen” and urged others to “fight for Trump” while berating law enforcement.
Rep. Eric Swalwell, who testified remotely, stressed that Trump had made it clear before the 2020 election that he would not accept the results if he lost. As the lawsuits challenging the election results were dismissed, Trump escalated his rhetoric, according to Swalwell. The congressman recalled the growing anxiety among lawmakers when Trump said, “we’re going to the Capitol” during his Ellipse speech, subsequently detailing the distressing experiences of himself and his colleagues as the rioters breached the Capitol.
In her recent ruling, Judge Wallace rejected Trump’s claims that Congress should be the sole entity to handle questions about ballot eligibility and affirmed that state election officials have the authority to enforce Section 3 of the 14th Amendment. She pointed out that while Congress can remove a constitutional disability, it doesn’t specify which entity should initially determine such disability. Wallace noted that states have the power to apply Section 3 according to their statutes without federal enforcement legislation.
Trump is simultaneously facing similar challenges to his eligibility in other states, including Minnesota, New Hampshire, Arizona, and Michigan, all of which cite the little-known provision in the 14th Amendment. Despite his consistent claims that he won the 2020 election, Trump has repeatedly denied any wrongdoing in his attempts to overturn the results and his alleged role in the Capitol attack. He has labeled the Colorado lawsuit to remove him from the ballot under the 14th Amendment as “nonsense” and “election interference.”
As the trial unfolds, the nation watches closely, as its outcome will have far-reaching implications for the political landscape and the future of Donald Trump’s political career.
