Donald Trump hails big win to stay on Colorado primary ballot: "Another nail in the coffin

Denver, Colorado – A Colorado state judge on Friday ruled that Donald Trump can remain on the state's presidential primary ballot, casting aside arguments that he violated the oath of office by engaging in an insurrection.

Despite many legal challenges in state courts, Donald Trump has yet to be removed from a single ballot for the upcoming presidential elections.
Despite many legal challenges in state courts, Donald Trump has yet to be removed from a single ballot for the upcoming presidential elections.  © Sarah Stier / GETTY IMAGES NORTH AMERICA / Getty Images via AFP

Colorado District Judge Sarah Wallace found that while he incited political violence during the January 6, 2021, attack on the US Capitol, he did not violate his oath of office by doing so.

The ruling came after similar court decisions in Minnesota and Michigan that leave Trump on the ballot in those states.

The rulings mark a victory for the former Republican president as he staves off well-funded legal challenges seeking to bar his return to the White House in elections next year.

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Trump has yet to be removed from a single ballot as the political season unfolds.

"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," Wallace said in her ruling.

The judge's ruling laid blame on Trump for inciting supporters who stormed the US Capitol in 2021 to thwart the certification of election winner Joe Biden but said it was unclear if an amendment to the constitution would bar him from office.

The Trump campaign hailed the judge's ruling, calling it "another nail in the coffin of the un-American ballot challenges."

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Judge Wallace concluded that Donald Trump "acted with the specific intent to incite political violence," but that it was not enough to keep him off the ballot.
Judge Wallace concluded that Donald Trump "acted with the specific intent to incite political violence," but that it was not enough to keep him off the ballot.  © Sarah Stier / GETTY IMAGES NORTH AMERICA / Getty Images via AFP

The lawsuit filed in Colorado by Citizens for Responsibility and Ethics (CREW), a Washington-based watchdog group, claimed Trump is ineligible to run for the White House again because of the January 6, 2021 attack on the US Capitol by his supporters.

While Trump's lawyers won the battle, similar legal efforts in other states may mean that the issue of Trump's eligibility ends up before the US Supreme Court, where conservatives hold a 6-3 majority.

The argument, which has legal scholars sharply divided, rests on an amendment to the Constitution ratified after the 1861-65 Civil War. Section 3 of the 14th Amendment bars anyone from holding public office if they engaged in "insurrection or rebellion" after once pledging to support and defend the Constitution. The amendment, ratified in 1868, was aimed at preventing supporters of the slave-holding Confederacy from being elected to Congress or from holding federal positions.

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In her ruling, Judge Wallace concluded "that Trump acted with the specific intent to incite political violence and direct it at the Capitol" to halt the transfer of power to Biden. By doing so, the judge said, Trump actively engaged in insurrection.

She noted there were "persuasive arguments on both sides" but said she believes presidents were not meant to be included among those who could be barred from holding public office.

"It appears to the court that for whatever reason the drafters of Section Three did not intend to include a person who had only taken the Presidential Oath," she wrote.

The 77-year-old Trump is to go on trial in Washington in March on charges of conspiring to overturn the results of the November 2020 election won by Democrat Joe Biden. He faces similar charges in a separate case in Georgia.

Trump was impeached for a second time by the House of Representatives after the attack on the Capitol – he was charged with inciting an insurrection – but was acquitted by the Senate.

Trump has hit back at the efforts to remove him from the presidential ballot, saying they have "no legal basis."

Cover photo: Sarah Stier / GETTY IMAGES NORTH AMERICA / Getty Images via AFP

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