This note has been translated by Clay Oppenhuizen. This article has been translated by Clay Oppenhuizen. Read the English version here.
A Michigan Court of Claims judge heard competing arguments Thursday over whether former President Donald Trump should be allowed to appear on the state’s ballot next year.
A group of voters argued that Trump is ineligible under the insurrection clause of the US Constitution due to actions related to the January 6 attack on the US Capitol.
“The State has a legitimate interest in protecting the integrity and practical operation of its political process and may exclude from the vote presidential candidates who are prohibited by the Constitution from taking office,” argued the plaintiffs’ attorney, Mark Brewer.
He said many Republicans may want Trump on the ballot, “…but they have no right to drag their feet, control the state election process and put ineligible candidates on the ballot, and that’s the problem here.”
Voters are suing Secretary of State Jocelyn Benson to block Trump in the primaries and in November. Benson, a Democrat, says she does not have the authority to keep Trump out of the polls unless a judge orders otherwise.
Trump is not a direct party to the case. But a lawyer representing the former president allowed him to argue before the judge.
Michael Columbo said keeping Trump out of the Michigan election would create uncertainty that would be unfair to voters across the country.
“The answer we arrive at cannot be one that causes a crisis or wreaks havoc in a national federal election and that is an important distinction when talking about a presidential candidate,” he said.
Columbo argued that under the Constitution there is no question that Trump is eligible to run. He said the question is whether Trump is eligible to hold office. He said that question would not be triggered until Trump wins the November election. And he said the arbiter should be Congress, not the courts.
But the issue is the judiciary for now.
A decision from Court of Claims Judge James Redford is expected next week and will almost certainly be appealed.
“I fully recognize that I do not have the final say on what happens in this case,” he said.
Similar challenges are underway in other states.
The Minnesota Supreme Court this week rejected an attempt to block Trump in the primary election, but left the door open to hearing a challenge if Trump becomes the Republican nominee.
Closing arguments are scheduled for next week in a Denver court in a case seeking to keep Trump off the Colorado ballot.
2023-11-13 19:32:11
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