Efforts to prevent Donald Trump from appearing on the 2024 Colorado ballot have gained momentum as a local judge denies a motion to dismiss the case.
Judge Sarah Wallace, a district court judge in Colorado, was the one to issue this ruling. Earlier this year, she was appointed by the state's Democrat Governor, Jared Polis.
Trump, who is currently leading the race for the Republican presidential nomination, is facing challenges in various states. These challenges are based on his alleged involvement in the events of January 6, 2021. The lawsuits reference the Fourteenth Amendment, which was ratified post-Civil War. This amendment prohibits individuals who participated in an insurrection from holding public office.
It's worth noting that Trump has neither been convicted of insurrection nor found guilty by the U.S. Senate of such charges. He continues to assert his innocence.
While the Colorado court denied the motion by Trump and the Colorado GOP, it did not comment on the case's merits. Trump has another motion pending to dismiss the case. If this motion is also denied, the trial is set to commence on October 30, with Judge Wallace presiding.
Trump's defense argues that his actions on January 6 pertained to "public issues" and should be protected under the First Amendment's free speech rights. However, Judge Wallace opined that Colorado's free speech law doesn't apply in this situation.
A spokesperson from Trump's campaign criticized Judge Wallace's decision to let the case proceed. They expressed confidence in the rule of law and believe that this decision will be overturned, either by the Colorado Supreme Court or the U.S. Supreme Court.
The Supreme Court has never passed a judgment on this Civil War-era amendment. Trump's legal team argues that this amendment was designed for those who waged war against the U.S. If the lawsuit succeeds, Trump might be excluded from the ballot in other states, even though he's a strong contender for the Republican nomination and has been leading President Joe Biden in recent polls.
The lawsuit against Trump was initiated by Citizens for Responsibility and Ethics in Washington (CREW). This watchdog nonprofit group is linked to Democrat strategist David Brock. Despite its claims of being bipartisan, CREW has faced criticism for its perceived bias against conservatives and Republicans.
David Brock is associated with several organizations, including the Democratic-aligned opposition research Super PAC American Bridge 21st Century and Media Matters for America (MMfA). MMfA, a liberal group, was labeled as an "arm of the [2016] Hillary Clinton campaign" and gained attention for defending actor Jessie Smollett's 2019 hate crime claims, even after evidence contradicted his story.
The case in question is titled Anderson v. Griswold, bearing the Case No.: 2023CV32577.
It is being heard in the district court for the city and county of Denver, Breitbart reported.
A Trump campaign spokesperson commented on the situation, “[Wallace] is going against the clear weight of legal authority. We are confident the rule of law will prevail, and this decision will be reversed – whether at the Colorado Supreme Court, or at the U.S. Supreme Court. To keep the leading candidate for President of the United States off the ballot is simply wrong and un-American.”
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