In unprecedented ruling, will Trump be 'kicked out'?

Former US President Donald Trump's 2024 presidential campaign has just taken another legal hit.

On December 19, local time, the Colorado Supreme Court ruled that Trump is not eligible for the party primary in the 2024 presidential election in the state. Mr. Trump's team said it would appeal the decision to the Supreme Court.

The judges wrote that they concluded that Trump was involved in a disturbance at the Capitol on Jan. 6, 2021. For months, he directly and explicitly persuaded his supporters to march to the Capitol. There is ample evidence that all of the actions taken by Trump serve an illegitimate purpose, namely to prevent Congress from certifying the results of the 2020 presidential election and prevent the peaceful transfer of power.

The ruling cites Section 3 of the Fourteenth Amendment to the United States Constitution

On December 19, local time, the Colorado Supreme Court justices ruled in a 4-3 vote that according to the third section of the Fourteenth Amendment to the US Constitution, Trump is not eligible for the 2024 US presidential primary in the state, and asked the secretary of state not to allow Trump's name to appear on the ballot in the state's presidential election.

Section 3 of the Fourteenth Amendment to the U.S. Constitution prohibits federal, state, and local officials sworn to uphold the U.S. Constitution from holding public office if they engage in "insurrection or rebellion."

The statute has been used to remove eight officials from office in more than 150 years, with the only recent use coming last September against Cuvey Griffin, a county official in New Mexico who was involved in riots at the state Capitol. The ruling marks the first time in history that the provision has been used to disqualify a presidential candidate.

Specifically in the Trump case, the term "riot or rebellion" refers to the riot in which Trump alleged massive fraud in the 2020 presidential election and his supporters stormed the Capitol Building on January 6, 2021, resulting in five deaths and about 140 injuries.

On January 6, 2021, local time, in Washington, the United States, demonstrators entered the U.S. Capitol area and breached the Capitol building.

The case has been going on for a long time. In a lawsuit filed this fall by the nonprofit Citizens for Responsibility and Ethics in Washington on behalf of six voters in the state, the plaintiffs sought to remove Trump from Colorado's 2024 presidential ballot, citing the Capitol riot.

After a week-long trial, District Judge Wallace in Denver ruled that Trump engaged in "insurrection" but could remain on the ballot because she argued that the third section of the Fourteenth Amendment of the Constitution does not apply to someone running for president.

The plaintiffs in the lawsuit appealed the judge's decision to keep Mr. Trump's name on the ballot. In the end, the Colorado Supreme Court upheld most of Wallace's ruling, but overturned her decision on key issues, saying the provision applied equally to people running for president.

"We don't jump to these conclusions lightly." The majority of the Colorado Supreme Court upholding the ruling argued that the attack was aimed at preventing Congress from certifying the results of the presidential election, and Trump then gave a speech that effectively encouraged his supporters to fight at the Capitol.

The ruling divided the Colorado Supreme Court justices. Chief Justice Brian Borright dissented, saying the ruling was premature and involved constitutional issues too complex to be resolved at a state hearing.

Another judge also disagreed with the ruling from a procedural point of view, arguing that litigation was not a fair mechanism to determine Trump's eligibility to run in the primary because it deprived Trump of due process rights, "even if we confirm that a candidate has engaged in horrific behavior in the past, there must be due process before we declare that person ineligible for public office."

In the eyes of the Trump team, this is nothing more than a "political attack", saying that the Democrats are paranoid about Trump's overwhelming lead in the polls, have lost faith in Biden's failed presidency and are doing everything they can to prevent American voters from throwing them out of the White House.

After the announcement of the ruling, the Trump team said it would quickly appeal to the US Supreme Court and ask for a stay of the ruling, saying that the ruling is "undemocratic" and "completely flawed", "we have every confidence that the Supreme Court will soon rule in our favor and finally put an end to these" un-American "lawsuits."

The Colorado Supreme Court announced that it would delay the implementation of the 19th ruling until January 4, 2024, one day before the state's secretary of state is eligible to run for president in 2024. According to the procedure, before January 4 next year, if the Trump team appeals, before the United States Supreme Court makes a final ruling on the case, Trump's name will still automatically appear on the ballot, and the candidacy is valid.


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