Colorado Supreme Court: Trump can't be on ballot because of role in Capitol riots

2023-12-20 07:09:00, Kosova & Bota CNA

Colorado Supreme Court: Trump can't be on ballot because of role in Capitol

Colorado's Supreme Court ruled Tuesday that former President Donald Trump's name cannot be on the ballot in that state's March 5 primary because of his role in the Jan. 6 riots at the state Capitol. united by his supporters. The historic decision is likely to go to the United States Supreme Court for review.

The Colorado Supreme Court's 4-3 ruling makes Mr. Trump the first presidential candidate in United States history to be deemed unfit for the White House under a rarely used provision of the U.S. Constitution that prohibits officials involved in "riots or rebellion" to hold public office.

The court concluded that the US Constitution prohibits the inclusion of the name of the Republican front-runner on the ballot in Colorado because of his role in inciting violence against the US government.

"It is not easy for us to make these decisions", wrote the four judges. "We are aware of the importance and weight of the questions being asked. We are also mindful of our solemn duty to enforce the law, without fear or favor, and without being swayed by public reaction to the decisions the law requires. We are also aware that we are in uncharted territory and that this case presents some issues of first impression."

The court in Colorado said the decision will be stayed until January 4, 2024, to allow for an appeal of the decision. Mr Trump's campaign called the court's decision "wrong" and "undemocratic" and said it would appeal.

"The Colorado Supreme Court made the wrong decision and we will soon appeal it to the United States Supreme Court, as well as seek a stay of this deeply undemocratic decision," said a spokesman for Mr. Trump's campaign.

One of the judges who voted against the ruling, Carlos Samour, said in a lengthy opinion that a lawsuit is not a fair mechanism for determining whether Mr. Trump qualifies to be on the ballot because it strips him of his right to due process. legal, noting that he has not been convicted by a jury of rioting.

"Even if we are convinced that a candidate has committed horrific acts in the past - dare I say, involved in rioting - there must be due process before we can disqualify that individual from holding public office ", said judge Samour.

The decision affects only the Republican primary in that state on March 5, but is likely to ultimately affect Mr. Trump's status for the November 5, 2024, presidential general election.

According to projections by nonpartisan pollsters, the state of Colorado is a Democratic stronghold, meaning President Biden is certain to win regardless of Mr. Trump's fortunes.

The case was brought by a group of Colorado voters, aided by the group Citizens for Responsibility and Ethics in Washington (CREW), who argued that Mr Trump should be disqualified as a result of inciting his supporters to attack the Capitol in a failed attempt to prevent the transfer of presidential power to Mr. Biden after the 2020 election.

CREW president Noah Bookbinder said in a statement that the court's decision is "not only historic and justified, but necessary to protect the future of democracy in our country."

Mr. Trump's campaign has condemned challenges based on the 14th Amendment to the Constitution as an attempt to deny millions of voters the right to choose their favorite for president.

The decision is a victory for groups and voters opposed to Mr. Trump, who have mounted similar legal challenges under the provision of the 14th Amendment enacted after the Civil War.

Courts in several states have rejected several lawsuits that sought the exclusion of Mr. Trump from the preliminary elections./ VOA