Former President Donald Trump has taken legal action to prevent Michigan Secretary of State Jocelyn Benson from omitting his name from the 2024 primary ballot. In a filing submitted on Monday in the Michigan Court of Claims, Trump’s attorneys are seeking a court order that asserts Benson lacks both the duty and authority to assess Trump’s constitutional qualifications to serve as president.
This move comes in response to activists in Michigan who have urged a judge to instruct Benson not to include Trump’s name on any ballot for president. The activists cite a section of the U.S. Constitution’s 14th Amendment that prohibits individuals from running for federal office if they have been involved in insurrection or rebellion against the U.S., or provided aid or comfort to those who have.
The Court of Claims judge in Michigan recently denied Trump’s request to dismiss the activists’ lawsuit, as reported by the Detroit Free Press.
Similar efforts are unfolding across the nation, where Trump is being portrayed as the instigator of the January 6, 2021, attack on the U.S. Capitol. The attack was aimed at preventing Congress from certifying Joe Biden’s 2020 presidential election victory.
A parallel lawsuit in Colorado is focusing on the Constitution’s “insurrection” clause to bar Trump from the state’s 2024 ballot. Lawyers representing six Republican and unaffiliated Colorado voters contend that Trump’s provocative rhetoric before the attack makes him culpable.
A hearing is also scheduled this week before the Minnesota Supreme Court on related matters.
In the filing submitted in Michigan on Monday, Trump’s legal team characterized the events of January 6, 2021, as “a riot.” They argued, “They were not an ‘insurrection’ for purposes of section three of the Fourteenth Amendment. They did not amount to levying war against the United States. Even if the events of January 6, 2021, could constitute an ‘insurrection’ (they do not), President Trump did not ‘engage’ in it. ‘Engaging’ requires some level of active participation. Inaction is not sufficient.”
Despite these legal challenges, Trump remains the frontrunner for the 2024 Republican presidential nomination. Trump’s Michigan filing stated, “Despite President Trump’s tremendous popularity, there are people who want to deny Michigan voters the opportunity to express their choice by voting for him. To accomplish this, they want the secretary of state to violate her duties and exercise powers she does not have to keep President Trump’s name off of the ballot. And they want to use this court as a vehicle to do it.”
Benson’s office refrained from commenting on the ongoing litigation as of Tuesday.
