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 November 18, 2023

Colorado judge finds that January 6th was a 'insurrection,' but Donald Trump will remain on the ballot

According to The Epoch Times, Judge Sarah Wallace of Colorado's 2nd District Court handed down a ruling in favor of former President Donald Trump.

The judge directed the state secretary to put Trump on the primary ballot in a decision that spanned more than 100 pages last Friday, the publication reported

The judge ruled in the former president's favor, holding that the issue that was presented before her court did not fall under the purview of Section 3 of the 14th Amendment.

Throughout the seven-day trial, participants provided testimony over the question of whether the events of January 6, 2021 qualified as a "insurrection" and whether President Trump was "engaged" in it.

Judge Wallace, who thought that Trump had engaged in what she called an insurrection, said at the end of her ruling that she was not persuaded by petitioners attempting to ban Trump from the ballot that Section 3 was meant to apply to the president of the United States.

Law in Question

Wallace wrote in her decision, "The court orders the Secretary of State to place Donald J. Trump on the presidential primary ballot when it certifies the ballot on January 5, 2024."

Enacted following the Civil War, the 14th Amendment guaranteed full citizenship to all individuals born in the United States, including former slaves, as well as ensuring they received all civil and political rights as equal citizens.

A two-thirds majority of Congress ratified the amendment's third clause after the war, which prohibited anyone who had taken part in "rebellions" or "insurrections" from holding office without an exemption.

After the events of January 6, 2021, activists started spreading a legal theory that claimed President Trump should not be allowed to compete for reelection because of the Capitol breach.

Other Initiatives to Ban Trump

Such suits were filed all around the nation this year; some were heard, denied by the courts, or are still waiting.

This covers cases in which the same state is the focus of numerous lawsuits brought by various petitioners or founded on different legal theories.

After ruling on these petitions in three different states and rejecting the petitioners' claims in each case, the courts have thus far consistently allowed Trump to appear on the primary ballots in Minnesota, Michigan, and, of course, Colorado.

The first to dismiss a litigation of that kind was a federal judge in Florida, who claimed she didn't have the jurisdiction to hear it.

Before then, a court in New Hampshire had also denied the case, concluding that politics rather than law had come into question.

Written By:
Charlotte Tyler

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