Brief Summary below >

The Colorado Supreme Court Opinion >

The Colorado Supreme Court in a 4 to 3 decision has this day held that Donald J Trump committed ‘Insurrection’ on January 6, 2021, and (2) is therefore disqualified to be a candidate for any federal office on the Colorado state ballot.

In reviewing the decision of the lower trial court, they state the following on pages 7 – 9 of the opinion:

By the Court >

“The electors and President Trump sought this court’s review of various rulings by the [Colorado state] district court. We affirm in part and reverse in part. We hold as follows:

• The Election Code allows the Electors to challenge President Trump’s status as a qualified candidate based on Section Three. Indeed, the Election Code provides the Electors their only viable means of litigating whether President Trump is disqualified from holding office under Section Three.
• Congress does not need to pass implementing legislation for Section Three’s disqualification provision to attach, and Section Three is, in that sense, self-executing.
• Judicial review of President Trump’s eligibility for office under Section Three is not precluded by the political question doctrine.
• Section Three encompasses the office of the Presidency and someone who has taken an oath as President. On this point, the district court committed reversible error.
• The district court did not abuse its discretion in admitting portions of Congress’s January 6 Report into evidence at trial.
• The district court did not err in concluding that the events at the U.S. Capitol on January 6, 2021, constituted an “insurrection.”
• The district court did not err in concluding that President Trump “engaged in” that insurrection through his personal actions.
• President Trump’s speech inciting the crowd that breached the U.S. Capitol on January 6, 2021, was not protected by the First Amendment.”

“The sum of these parts is this: President Trump is disqualified from holding the office of President under Section Three; because he is disqualified, it would be a wrongful act under the Election Code for the Secretary to list him as a candidate on the presidential primary ballot.

We do not reach these conclusions lightly. We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.

We are also cognizant that we travel in uncharted territory, and that this case presents several issues of first impression. But for our resolution of the Electors’ challenge under the Election Code, the Secretary would be required to include President Trump’s name on the 2024 presidential primary ballot.”

Court’s Conclusion and Temporary Stay >

Therefore, to maintain the status quo pending any review by the U.S. Supreme Court, we stay our ruling until January 4, 2024 (the day before the Secretary’s deadline to certify the content of the presidential primary ballot). If review is sought in the Supreme Court before the stay expires on January 4, 2024, then the stay shall remain in place, and the Secretary will continue to be required to include President Trump’s name on the 2024 presidential primary ballot, until the receipt of any order or mandate from the Supreme Court.

[end of the Colorado Supreme Court Summary pg 9]

Comment by the Editor and Legal Commentator >

The three dissenting justices relied primarily on inadequacies of current Colorado law in their opinions. Nevertheless, the Trump camp will dissect them to find any purchase for further appellate argument.

The next step for the Trump attorneys will be requesting a Writ of Certiorari to the United States Supreme Court for a final opinion on Trump’s “insurrections vs First Amendment”.

I predict this will happen quickly. It will present the embattled United States Supreme Court (ravaged by several under-the-table Republican scandals) with a ‘Perfect Trump Storm’ on the seminal questions of Presidential Immunity and First Amendment rights. The ‘Perfect Trump Storm’ courtesy of, you guessed it, the President that appointed the last three very conservative justices.

You heard it first here on DemocracyWars!! Power to our Independent Purple Patriots!!

Atty Timothy Mills, Editor and Legal Commentator, DemocracyWars]Information from public Court filings.

Last Updated on December 19, 2023.

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