Before facing criminal charges, Trump had to defend himself against federal lawsuits claiming civil liability for the January 6th riot. He argued for absolute immunity, but this claim was rejected by two federal judges.
A Colorado state judge, Sarah Wallace, made a pivotal decision in a lawsuit concerning former President Donald Trump’s eligibility to appear on the presidential ballot in the upcoming year.
As reported by the Conservative Brief on Saturday, October 28, 2023, the lawsuit, invoking a section of the 14th Amendment dating back to the Civil War era, questions whether Trump, who was not charged with or convicted of insurrection, should be disqualified from holding elected office due to his alleged involvement in the January 6, 2021, Capitol attacks.
The lawsuit was initiated by the Citizens for Responsibility and Ethics in Washington (CREW) on behalf of six individuals, including both Republicans and unaffiliated voters in Colorado, who have held various federal, state, and local positions.
These individuals are among a group of legal scholars and lawmakers arguing that Trump’s actions on January 6th warrant disqualification under the 14th Amendment.
Judge Sarah Wallace’s 24-page ruling defied Trump’s contention that matters of ballot eligibility are solely within the jurisdiction of Congress, not the courts.
She also rejected the notion that state election officials couldn’t utilize Section 3 of the 14th Amendment. In her decision, Wallace stated, “The Court holds that states can, and have, applied Section 3 pursuant to state statutes without federal enforcement legislation.”
Notably, the legal challenge is critical as it moves forward to trial starting on October 30th, even though Trump has not been charged with insurrection or rebellion.
The events of January 6th, where Trump supporters breached the Capitol building following his “Stop the Steal” speech, led to the discussion of whether his rhetoric played a role in inciting the violence. Although Trump has faced various legal actions related to these events, he has not been accused of insurrection or sedition.
This case in Colorado is not an isolated incident; similar lawsuits have been filed in various states and venues, including Minnesota and Michigan.
Before facing criminal charges, Trump had to defend himself against federal lawsuits claiming civil liability for the January 6th riot. He argued for absolute immunity, but this claim was rejected by two federal judges.
Currently, the D.C. Circuit Court of Appeals is considering an appeal in the case of U.S. Capitol Police Officer James Blassingame, which addresses whether Trump is immune from prosecution for actions taken during his presidency.
Trump’s legal team intends to raise the issue of executive immunity in criminal court proceedings soon, and it is speculated that the pending civil appeal may be the best opportunity to have the Supreme Court rule on this matter, which has far-reaching implications for Trump and future presidents.
