Colorado Judge Rules Jan. 6 an ‘Insurrection,’ Orders State Secretary to Put Trump on the Ballot

Contact Your Elected Officials
The Epoch Times Header

She ruled that Section 3 of the 14th Amendment was not meant to cover U.S. presidents

On Friday, Colorado 2nd District Court Judge Sarah Wallace issued a 100-plus page ruling ordering the state secretary to put former President Donald Trump on the primary ballot.

Unlike recent court decisions in Michigan and Minnesota, the ruling had been preceded by about a weeklong trial in which witnesses gave testimony as to whether Jan. 6, 2021, constituted an “insurrection” and whether President Trump “engaged” in it, and how Section 3 of the 14th Amendment should be applied.

The judge ruled that it was, and that President Trump did. However, toward the end of the ruling, Judge Wallace wrote that she was unpersuaded that Section 3 was meant to apply to the president of the United States.

‘Officer’?

“The Court holds that Section Three of the Fourteenth Amendment does not apply to Trump,” the judge wrote.

Ratified after the Civil War, the 14th Amendment extended citizenship and equal rights to former slaves, and all persons born and naturalized in the United States. The third section of the amendment prohibited any who had participated in “rebellions” or “insurrections” from holding office unless they had a two-thirds vote of exemption from Congress, and was indeed referenced in cases in the wake of the war.

Section 3 reads: “No Person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

It was written to prevent officials who left to join the Confederacy from returning to office, the judge noted, and meant to apply beyond just the Civil War.

Petitioners argued that “officer of the United States” would certainly cover the highest office in the federal government, but the judge said there was “scant evidence” that was the case.

She notes that the authors of the 14th Amendment specifically listed offices, starting with the highest levels and descending thereafter.

“To lump the Presidency in with any other civil or military office is odd indeed,” she wrote, “and very troubling to the Court because as Intervenors point out, Section Three explicitly lists all federal elected positions except the President and Vice President.”

It would be general practice of the courts to assume this omission is intentional, she wrote.

President Trump’s attorneys had also pointed out five places in the Constitution where the president of the United States was listed separately from “officers”: the appointments clause, the impeachment clause, the commissions clause, the oath and affirmation clause, and Article VI.

“The Court agrees with Intervenors that all five of those Constitutional provisions lead towards the same conclusion—that the drafters of the Section Three of the Fourteenth Amendment did not intend to include the President as ‘an officer of the United States.’”

By Catherine Yang

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Doxed Democrats Are Getting Fired Left and Left

Not a misprint because a title of “left and...

Hold Up, Feds, Without Federalism, There Is No USA

Federalism is essential to governing the U.S., yet the federal government is undermining it by bribing states to implement unnecessary federal programs.

A Widow Inspires The World

Erika Kirk moved the nation with her speech two days after her husband’s assassination, vowing to continue his mission and grow Turning Point USA.

Both Left and Right Are Making Lists

The right admired Charlie Kirk for his faith and patriotism, while the left opposed him for dismantling their positions and narratives with ease.

Redemption’s playbook: The Senior

The Senior isn’t your usual underdog tale, it’s real, it’s raw, and it flips every cliché on its head with a playbook full of grit and plenty of aftermaths.

Trump Cannot Remove Fed Governor Lisa Cook for Now, Appeals Court Rules

A panel of federal judges on Monday held that President Donald Trump cannot fire Federal Reserve Governor Lisa Cook as of now.

FBI Looking Into Other Possible Charlie Kirk Assassination Accomplices: Deputy Director Bongino

FBI Deputy Dir. Dan Bongino said that the FBI is “looking into” other possible accomplices in the assassination of conservative influencer Charlie Kirk.

Actor Sean Astin, Known for ‘Rudy,’ ‘Lord of the Rings,’ Elected SAG-AFTRA President

Oscar-nominated actor Sean Astin, famed for Samwise in “Lord of the Rings,” has been elected as the new president of SAG-AFTRA.

RFK Jr. Names New Members to CDC Vaccine Advisory Panel

Health Secretary Robert F. Kennedy Jr. named 5 new members to the Advisory Committee on Immunization Practices, which advises the CDC on vaccines.

Trump Signs Memo Targeting Direct-to-Consumer Pharmaceutical Advertising

President Trump signed a memo to ensure drug ads give fair, balanced, and complete information to protect and inform American consumers.

Trump Runs out of Patience With China, Sharpens His Words

President Donald Trump’s recent remarks targeting China and its allies mark a noticeable shift in tone.

Trump Signs Order Renaming Department of Defense as Department of War

President Donald Trump on Sept. 5 signed an executive order renaming the Department of Defense as the Department of War.

Trump Signs Executive Order Targeting Countries That Unlawfully Detain Americans

President Trump signed an EO on targeting the unlawful detention of American citizens around the world and to facilitate the release of hostages.
spot_img

Related Articles

Popular Categories

MAGA Business Central