Colorado judge to decide by Thanksgiving whether Trump is disqualified from ballot

[Landslide Lyndon]

https://edition.cnn.com/2023/09/18/politics/colorado-judge-14th-amendment-ballot/index.html

A Colorado judge said Monday she hopes to decide by Thanksgiving whether the 14th Amendment’s ban on insurrectionists holding office means former President Donald Trump is disqualified from appearing on the state’s presidential ballot in 2024.

Judge Sarah Wallace made the comments at a hearing in which she set an expedited schedule for the case, which was initiated by a watchdog group called Citizens for Responsibility and Ethics in Washington, or CREW, on behalf of a group of Republican and unaffiliated Colorado voters.

Lawyers for Colorado Secretary of State Jena Griswold, a Democrat, did not take a position on the lawsuit Monday but emphasized a “hard deadline” of January 5 for it to be settled. Her office is required by that date to certify the names of all candidates that will be printed on the state’s presidential primary election, set for March 5.

[RussFeingoldWasRobbed]

Why
Are
We
Doing
This?
What part of "Precedent" is so foreign to yall?

[Absentee Voting Ghost of Ruin]

I thought this was a horrible waste of time when the House was trying to do it by legislation.

But since then, we've had a number of cases where Donald Trump, and his employees, have explicitly stated in court that Donald Trump was involved of the seditious events of January 6th. All in the context of whining and making false claims about the treatment their cases ought to receive, but that doesn't change that Donald Trump has stated, in court documents, that he ought to be treated like any other Capitol attacker.


For example, from his motion to delay his DC trial to 2026:

Indeed, the median time from commencement to termination for a jury-tried § 371 charge is 29.4 months—many times longer than the government’s proposal schedule. 12 (And this reflects only the median, meaning half of all such cases take more time based on individualized assessments of discovery volume, complexity, and similar concerns.)

12 Administrative Office of the United States Courts, Table D-10: U.S. District Courts–Median Time Intervals From Commencement to Termination for Criminal Defendants Disposed of, by Offense, During the 12-Month Period Ending September 30, 2022, at 2, jb_d10_0930.2022.pdf (uscourts.gov)

Likewise, this Court regularly allows far more time than the government proposes, even in cases involving protests at the Capitol on January 6, 2021. See, e.g., United States v. Foy, No. 21- cr-0108 (28 months from indictment to stipulated bench trial on 4-page indictment); United States v. Nordean, et al, No. 21-cr-0175 (TJK) (21 months); United States v. Crowl, et al, No. 21-cr-0028 (APM) (23 months); United States v. Kuehne, et al, Case No. 21-cr-160 (29 months); United States v. Hostetter, et al, Case No. 21-cr-0392 (RCL) (24 months).

Now, for the moment ignoring Trump's selective misrepresentations (ignoring the impact of COVID, counting time to sentencing as time to trial),  and setting aside how Mr. Trump is calling convicted seditionists "protesters", the point is that Donald Trump, in official court filings, demands to be treated as one of them for trial purposes.

If Donald Trump says he should be treated as though he attacked the Capitol on January 6th, what authority does the state of Colorado have to determine otherwise? That role is constitutionally placed in the hands of Congress (and requires a two-third majority).

[SnowLabrador]

As much as I think Trump should be ineligible to hold office again, this move is going to backfire on Democrats. It'll only energize Republican voters in states where Trump is still on the ballot, and the states that would remove Trump from the ballot are all states he wasn't going to win anyway.

[RussFeingoldWasRobbed]

As much as I think Trump should be ineligible to hold office again, this move is going to backfire on Democrats. It'll only energize Republican voters in states where Trump is still on the ballot, and the states that would remove Trump from the ballot are all states he wasn't going to win anyway.

It will backfire because Republicans will abuse it and do it tour politicians as "revenge" and use the excuse that because we did it they can too

[SWE]

As much as I think Trump should be ineligible to hold office again, this move is going to backfire on Democrats. It'll only energize Republican voters in states where Trump is still on the ballot, and the states that would remove Trump from the ballot are all states he wasn't going to win anyway.

I don't see anyway this could possibly be resolved in such a way where Trump's eligible in some states and not others. Either the 14th amendment disqualifies him for the presidency or it doesn't. If there's a split (as there would be if this case succeeds in Colorado) then it's going to SCOTUS and we're getting an outcome for the nation

[GM Team Member and Deputy PPT WB]

Why
Are
We
Doing
This?
What part of "Precedent" is so foreign to yall?

One could argue precedent for the other direction, that yknow, egging on your supporters into storming the capitol is unacceptable.

Of course, I also recognize how Rs in some state legislatures could end up going crazy with this and claim all sorts of things as "treason" to try and take dems off the ballot. But they'd have a much weaker case

[It’s so Joever]

This better not go through.

[Amenhotep Bakari-Sellers]

Yes disqualified Trump, what did Rs do in 2000 they ran Lewinsky in today's time it wouldn't have been a big deal it's too much poverty, it was poverty back then but it's worse now

Perjury in a Deposition is Misdemeanors compared to Watergate, Iran Contra, Outing a CIA operative, Russia Collusion and J6 all Class A felonies

It's all Trump fault we are in War in Ukraine he colluded with Russia in 2016, McCain said so and he isn't here

Biden is gonna win CO anyways but the CO Brobert district is gone for Good for Rs

Id Rs lose the Filibuster proof Trifecta they are gonna be a generation Minority party when Voting Rights and DC statehood and immigration reform are finally pass8

[DrScholl]

The constitution should be applied regardless of fear of "energizing" Trump supporters. They are already going to turn out anyway so there isn't much more to motivate them.

[Donerail]

The 14th Amendment thing is just the latest in a long series of "one weird trick" schemes, all of which rely on the premise that you can totally defuse a political movement with clever enough lawyering. This makes lawyers feel very important, which is a good and worthwhile goal, but unfortunately it doesn't actually accomplish anything.

[Amenhotep Bakari-Sellers]

We at Operation Push and I are so ready for the Filibuster proof Trifecta

[Absentee Voting Ghost of Ruin]

Why
Are
We
Doing
This?
What part of "Precedent" is so foreign to yall?

"Precdent" in the sense that "a sitting, oath-sworn, elected official ought not attempt  a self-coup to remain in power"? That seems pretty well established, really. 

Or "precedent" in the sense that "all three branches of government aren't functional, due to a combination of classic corruption, capture by monied interests, and a sizeable minority of the citizenry deciding they're done with democracy"? Because that one is something we don't really much experience with, or have a way to address.

Trouble resolving the first is a symptom of the second, and a sign that we're actually in the middle of a Constitutional Crisis of titanic proportions, which we all appear to be terrified of acknowledging. And understanable so, since ignoring it allowes us, like some hapless cartoon character,  to blithely keep racing forward over the abyss below.

Washington is comprehensively broken, and as a result we're going to see more and more of this sort of thing.

[Progressive Pessimist]

He probably should be across the nation, but we're too polarized where that would be looked at as the objective good that it is. Because we have to walk on eggshells around a political party filled with paranoid conspiracy theorists and persecution complexes, an action like this would do more harm than good.

Anyway, it's Colorado. Trump will lose by 15 to 17 points.

[Ferguson97]

It will backfire because Republicans will abuse it and do it tour politicians as "revenge" and use the excuse that because we did it they can too

"Don't do the right thing because Republicans will do the wrong thing" is coward talk.

[Atlas Has Shrugged]

It will backfire because Republicans will abuse it and do it tour politicians as "revenge" and use the excuse that because we did it they can too

"Don't do the right thing because Republicans will do the wrong thing" is coward talk.

You'll rue the day you've set this precedent, mark my words.

[Badger]

It will backfire because Republicans will abuse it and do it tour politicians as "revenge" and use the excuse that because we did it they can too

"Don't do the right thing because Republicans will do the wrong thing" is coward talk.

You'll rue the day you've set this precedent, mark my words.

That sounds very little like a critique of the underlying legality and ethics of such actions, and much more, almost entirely, like a blatant threat of groundless Payback

[emailking]

That's at least 3 different cases working their way through that courts trying to keep Trump off the ballot under the 14th.

[Atlas Has Shrugged]

It will backfire because Republicans will abuse it and do it tour politicians as "revenge" and use the excuse that because we did it they can too

"Don't do the right thing because Republicans will do the wrong thing" is coward talk.

You'll rue the day you've set this precedent, mark my words.

That sounds very little like a critique of the underlying legality and ethics of such actions, and much more, almost entirely, like a blatant threat of groundless Payback

Congratulations sherlock, you've finally figured out that disenfranchising the 60% of the Republican Party will have political and broader social consequences.

[Badger]

It will backfire because Republicans will abuse it and do it tour politicians as "revenge" and use the excuse that because we did it they can too

"Don't do the right thing because Republicans will do the wrong thing" is coward talk.

You'll rue the day you've set this precedent, mark my words.

That sounds very little like a critique of the underlying legality and ethics of such actions, and much more, almost entirely, like a blatant threat of groundless Payback

Congratulations sherlock, you've finally figured out that disenfranchising the 60% of the Republican Party will have political and broader social consequences.

Here's a suggestion, Watson. Have your party nominate someone for president other than demonstrably seditious traitor. Actions have consequences.

Of course, for that lesson to sink in you and your ilk would have to get over your far right wing and Trump Fanboy instincts, so I'm not anticipating progress anytime soon.

[Ferguson97]

It will backfire because Republicans will abuse it and do it tour politicians as "revenge" and use the excuse that because we did it they can too

"Don't do the right thing because Republicans will do the wrong thing" is coward talk.

You'll rue the day you've set this precedent, mark my words.

Ah, the classic "Look what you made me do" victim-blaming strategy.

You are the one who should have regrets for supporting an insurrection. You will get no sympathy from me.

YOU are the ones who started this. Not us.

[It’s so Joever]

If this passes through, American democracy is dead. I mean it’s also dead if Trump wins the 2024 election and so many other things. Really it’s basically on life support at this point.

[Absentee Voting Ghost of Ruin]

It will backfire because Republicans will abuse it and do it tour politicians as "revenge" and use the excuse that because we did it they can too

"Don't do the right thing because Republicans will do the wrong thing" is coward talk.

You'll rue the day you've set this precedent, mark my words.

That sounds very little like a critique of the underlying legality and ethics of such actions, and much more, almost entirely, like a blatant threat of groundless Payback

The thing that always puzzles me when the MAGATS take the "everything Trump did was fine" position, is that they're saying one of two things.

Either they're saying that it would be perfectly acceptable for Biden and the Democrats to do everything Donald Trump tried to do (declare a President-of-life, seize control of Congress by force and "pass" whatever is desires, deploy the military crush the opposition, assassinate anyone who gets in their way), or they're saying that they will only accept election results where they win (implicitly declaring themselves rebels and outlaws). In neither case should anyone outside their fascist cult treat them or anything they do seriously.

Why do they even both pretending?

[Aurelius2]

Democracy is when you kick your political opponents off the ballot.

[ProudModerate2]

Democracy is when you kick your political opponents off the ballot.

So you are saying that when the Founding Fathers included such provisions into our Constitution, they did not want Democracy?