All Democrat Colorado Supreme Court Disqualifies Trump from 2024 Ballot In Soros Funded Lawsuit

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The lawsuit that removed Trump from the ballot was filed by a Soros funded outlet, decided by an all Democrat-appointed Supreme Court and the Democrat Colorado Secretary of State.

The Colorado GOP says they will withdraw from the primary as a party if Donald Trump’s removal from the ballot is allowed to stand.

“This country is a powder keg and this court is just throwing matches at it. This is hands down the most anti-democratic opinions I’ve seen in my lifetime.”

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Civil war.

https://twitter.com/JesseKellyDC/status/1737390813137486177?s=20

Jonathan Turley, Jonathan Turley, Shapiro Chair of Public Interest Law (GWU) and pre-eminent legal analyst explains:

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The Colorado Supreme Court has issued an unsigned opinion disqualifying Trump from the ballot: “The sum of these parts is this: President Trump is disqualified from holding the office of President under Section Three; because he is disqualified.”…

https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2023/23SA300.pdf

…This ends a string of losses for advocates of this dangerous novel theory. They finally found a court that would embrace what the court admits is a case of “first impression.” My first impression remains that same. The court is dead wrong in my view…

…It is striking that the court relies on Schenck v. U.S., where the Court upheld the denial of core free speech rights of a socialist opposing a war. The opinion of the Colorado Supreme Court is so sweeping that it would allow for tit-for-tat removals of candidates from ballots

…The opinion is remarkable in how the four justices adopted the most sweeping interpretations to get over each barrier. The result is lack of a limiting principle. I view the opinion as strikingly anti-democratic in what it now allows states to do in blue and red states alike.

Colorado Supreme Court Disqualifies Trump from 2024 Ballot

By: Bradley Jaye, Breitbart News, 19 Dec 2023:

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The Colorado Supreme Court ruled Tuesday in a 4-3 opinion that the Constitution’s “Insurrection Clause” prohibits former President Donald Trump from appearing on the ballot for the presidency in 2024.

“The court found by clear and convincing evidence that President Trump engaged in insurrection as those terms are used in Section Three” of the Fourteenth Amendment, the ruling reads.

The provocative ruling partially reverses a prior ruling from Colorado District Court Judge Sarah Wallace, who ruled in November that Trump is not an officer of the United States as defined by the Fourteenth Amendment and that the Amendment therefore cannot be used to disqualify him from appearing on the Colorado primary ballot.

In his dissent, Chief Justice Boatright wrote, “Dismissal is particularly appropriate here because the Electors brought their challenge without a determination from a proceeding (e.g., a prosecution for an insurrection-related offense) with more rigorous procedures to ensure adequate due process.”

In partially reversing Wallace, the Court all but dared the U.S. Supreme Court to step in by January 4, 2024.

“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,” the ruling says.

The Court disagreed with Trump’s claims that his actions were protected free speech.

“We consider and reject President Trump’s argument that his speech on January 6 was protected by the First Amendment,” the ruling reads, seemingly ignoring Trump’s calls that day for protesters to conduct themselves “peacefully and patriotically.”

The fact that, at one point during his speech, President Trump said that “everyone here will soon be marching to the Capitol building to peacefully and patriotically make your voices heard” does not persuade us that the district court erred in finding that the first prong of the Brandenberg test was met. See Thompson, 590 F. Supp. 3d at 113–14. This isolated reference “cannot inoculate [President 20 Thompson involved a motion to dismiss. As a result, the court determined only that President Trump’s speech “plausibly [involved] words of incitement not protected by the First Amendment.” Thompson, 590 F. Supp. 3d at 115; see Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 553 (2007) (requiring plaintiffs to show that their complaints are plausible to survive a motion to dismiss for failure to state a claim). 128 Trump] against the conclusion that his exhortation, made nearly an hour later, to ‘fight like hell’ immediately before sending rally-goers to the Capitol, within the context of the larger Speech and circumstances, was not protected expression.” Id. at 117.

The Court’s unilateral determination that Trump engaged in insurrection comes despite Trump having never been convicted of that – or any other – crime, or even been charged in court with the crime of insurrection. He was acquitted by the U.S. Senate of charges of engaging in insurrection and continues to deny wrongdoing.

In support of its legal assertion, the Court cites the U.S. House January 6 Select Committee, notwithstanding that Trump was acquitted of the House’s charges in the Senate.

Unsurprisingly, the all-Democrat appointed Colorado Supreme Court has ruled against President Trump, supporting a Soros-funded, left-wing group’s scheme to interfere in an election on behalf of Crooked Joe Biden by removing President Trump’s name from the ballot and eliminating the rights of Colorado voters to vote for the candidate of their choice. Democrat Party leaders are in a state of paranoia over the growing, dominant lead President Trump has amassed in the polls. They have lost faith in the failed Biden presidency and are now doing everything they can to stop the American voters from throwing them out of office next November. The Colorado Supreme Court issued a completely flawed decision tonight and we will swiftly file an appeal to the United States Supreme Court and a concurrent request for a stay of this deeply undemocratic decision. We have full confidence that the Supreme Court will quickly rule in our favor and finally put an end to these unAmerican lawsuits.

Keep reading…..

The New York Sun writes:

The disqualification from the ballot in Colorado of the country’s 45th president, in America’s 247th year, is a shocking moment in the story of this country’s democracy. That is because President Trump is not only the front-runner to secure his party’s nomination in 2024, but also a strong contender to win back the White House. Now comes the Centennial State’s highest court to rule that the Constitution bars voters from making that choice.

The mechanism is Section Three of the 14th Amendment, which ordains that a range of officials who have sworn an oath to the Constitution are barred from holding further office if they “engaged in insurrection or rebellion.” By a four to three vote, the Colorado jurists found that an insurrection took place, and that Mr. Trump engaged in it. A spokesman for Mr. Trump’s campaign promises a prompt appeal to the Supreme Court.

A resolution could come quickly. Colorado wants an answer by January 5, when its primary ballots go to print. The deadline could prove unrealistic. The ruling is meanwhile stayed. Never before has a presidential candidate been disqualified. In delivering that outcome, the court reversed a finding of the state district court that the president is not a “federal officer” as demanded by the amendment. This is as juicy as a constitutional case can get.

The high court’s Trump-related docket is quickly filling up. It is already weighing whether two of the charges against him are applicable to deeds done on January 6 — the charges were brought under a law on financial fraud — and whether presidential immunity protects him from a criminal case. Now, they are called upon to interpret the 14th Amendment, a federal question if there ever was one. All of this just as voters are about to have their say.

If the justices find, along with Colorado, that what transpired on January 6 was an insurrection, they will be the first federal court to do so. No federal trier of fact has reached that determination, in large part because no federal prosecutor has deigned to charge anyone with that crime. Mr. Trump did stand trial for it in the Senate, and was discovered to be “not guilty.” Colorado seems determined to ignore that verdict.

The Colorado court’s chief justice, Brian Boatright, a dissenter, marked this point, reasoning that “in the absence of an insurrection-related conviction, I would hold that a request to disqualify a candidate under Section Three of the Fourteenth Amendment is not a proper cause of action.” The bare majority, though, found that disqualification is self-executing, meaning no law or verdict is needed to effect it. Just judicial fiat.

Mr. Trump could get a fairer finding in Soviet Russia. The Rocky Mountain majority — all seven members of the court were appointed by Democratic governors — write that they are “cognizant that we travel in uncharted territory.” Similar challenges in other states have failed. This first scalp belongs to the Center for Responsibility and Ethics in Washington. Who knows how many states yet follow, with nary a charge, let alone a conviction, in sight.

We are with another Centennial State dissenter, Justice Carlos Samour Jr. He writes that banning Trump from the ballot “flies in the face of the due process doctrine.” Even were an insurrection to have occurred, Justice Samour suggests, “there must be procedural due process before we can declare” an individual “disqualified from holding public office.” The Supreme Court now has the chance to mark the due process imperative.

More broadly, Colorado gives Americans a window on the great mystery of 2024. Why do President Trump’s political fortunes seem to rise with every setback in court? Our own view is that it’s because Americans are a smart, inclusive, fair-minded people. The more court-cases the Democrats use to try to bring him down or exclude him, the tougher and more resilient he looks. It’s a rough world out there, and no candidate has run a gantlet like Mr. Trump has run.

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