A U.S. court ruled that former U.S. President Donald Trump cannot run in a certain state’s primary because he incited and participated in a civil war. This is the first ruling to ban Trump from running in the presidential primary, recognizing Trump’s charge of inciting a rebellion in connection with the January 6 storming of the Capitol in 2021. Pro-Democratic media outlets such as the Washington Post (WP) and the New York Times (NYT) said, “Courts in other states are also considering similar legal rulings,” and “It will be interesting to see whether other states will make similar rulings and rule that Trump cannot run in the primary.” reported. The Trump campaign stated, “We will appeal to the U.S. Supreme Court.”
Former President Donald Trump is speaking at a campaign rally held in Durham, New Hampshire on the 16th (local time). Former President Trump poured out hateful remarks on this day, saying immigrants “pollute the blood of our country.” /AFP Yonhap News
On this day, the Colorado Supreme Court said in a majority opinion (4 to 3) that “the majority of the court (judges) believe that Trump is not qualified to serve as president under Section 3 of the 14th Amendment to the U.S. Constitution.” Section 3 of the 14th Amendment to the Constitution stipulates that a person cannot hold public office if he or she participates in a civil war or supports an enemy who threatens the Constitution.
The state Supreme Court said, “President Trump incited and encouraged violence and unlawful actions to disrupt the peaceful transfer of power,” and “found it difficult to rule that the attack on the U.S. Capitol on January 6, 2021 was an ‘insurrection.’ “There was no such thing,” he said. He continued, “(After the 2020 presidential election) there is ‘substantial evidence’ that Trump pressured Republican officials in several states to overturn the results.”
The Supreme Court said, “Because he is not qualified (as a presidential candidate), it would be an unfair act under election law for the state of Colorado to list him as a candidate on the presidential primary ballot.” However, this ruling only applies within the state of Colorado. There is no problem with Trump running in primaries in other states.
The Supreme Court said, “Therefore, the state of Colorado cannot list Trump’s name on the ballot for the 2024 presidential primary and cannot count ballots cast for Trump.” U.S. broadcasters such as CBS said, “The Colorado Supreme Court’s ruling concluding that (Trump) cannot hold public office under a provision added right after the Civil War is unprecedented.”
Previously, last November, Colorado District Court Judge Sarah Wallace (1st trial) ruled in response to a civic group request to disqualify former President Trump from running for president that “Section 3 of the 14th Amendment does not apply to the president.” . Judge Wallis believed that this provision did not apply to the office of president as it listed items prohibited from activities such as members of the Senate and House of Representatives and presidential electors. However, they appealed, and the state Supreme Court ruled contrary to the first trial.
Attention is being paid to whether this Colorado Supreme Court ruling will have an impact on lawsuits underway in other states to ban Trump from running for president. According to AP, lawsuits challenging Trump’s candidacy have been filed in more than 25 states.
Trump campaign spokesman Stephen Cheng issued a statement immediately after the ruling that day, saying, “The Colorado Supreme Court issued a completely flawed ruling tonight,” and added, “We will appeal to the Supreme Court and also file a motion to suspend execution of this extremely undemocratic ruling.” As the Federal Supreme Court has a majority of conservative justices (six out of nine are conservative), many predict that it will not block Trump’s candidacy. On this day, the Colorado Supreme Court seemed to be aware of the possibility of an appeal to the Supreme Court, and announced that it would temporarily suspend the decision to ‘not allow Trump to run in the primary election’ until January 4th, just before the deadline for candidates in the Colorado primary election. They said that if the Supreme Court appeals, Trump’s name will have to appear on the Colorado primary election ballot until the ruling is made.
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2023-12-19 23:48:45