In a groundbreaking decision, a Colorado judge has declared that Donald Trump “engaged in insurrection” during the events surrounding January 6, 2021.
The final order, spanning 102 pages, meticulously outlines how Donald Trump’s words and actions were directed at inciting political violence among his supporters.
Despite the judge’s determination that Donald Trump participated in insurrection, this ruling will not prevent him from appearing on the Colorado ballot. Why? Because the judge also concluded that the Constitution’s insurrection ban does not specifically apply to the President.
The relevant passage from the 14th Amendment Section 3 of the Constitution states:
“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.”
So, as of now, this ruling has no impact on Donald Trump’s 2024 Presidential campaign. It remains to be seen whether this decision will be appealed to higher courts, potentially reaching the Supreme Court and introducing a new dimension to Trump’s 2024 electoral aspirations.