Colorado case using ‘insurrection’ argument to bar Trump from the ballot goes to the judge
Associated PressFollow live: Updates from AP’s coverage of the presidential election. DENVER — A Colorado judge on Wednesday heard closing arguments on whether former President Donald Trump is barred from the ballot by a provision of the U.S. Constitution that forbids those who “engaged in insurrection” from holding office. Trump attorney Scott Gessler told Colorado District Judge Sarah B. Wallace during closing arguments that the rulings in Minnesota and Michigan demonstrate “an emerging consensus here across the judiciary across the United States.” Throughout the weeklong hearing that concluded earlier this month, he said the plaintiffs had failed to show that the 14th Amendment’s insurrection provision applies to Trump. Trump’s attorneys and some legal scholars argue that Section 3 is not intended to apply to the president and that Trump did not “engage” in insurrection on Jan. 6 in the way intended by the authors of the 14th Amendment. An attorney representing Colorado Secretary of State Jena Griswold urged the judge not to dodge the constitutional issues by ruling, as the Minnesota Supreme Court did, that she did not have the power to remove someone from a primary ballot “Ballots are what voters use to select their candidate,” said Mike Kotlarczyk of the state attorney general’s office.