The Denver District Court is set to hear opening arguments on Monday in a lawsuit seeking to disqualify former President Donald Trump from appearing on Colorado's 2024 election ballot.
The lawsuit, filed on September 6, invokes the insurrection clause of the 14th Amendment in an attempt to render Trump ineligible.
The lawsuit alleges, Donald Trump tried to overthrow the results of the 2020 presidential election. His efforts culminated on January 6, 2021, when he incited, exacerbated, and otherwise engaged in a violent insurrection at the United States Capitol by a mob who believed they were following his orders, and refused to protect the Capitol or call off the mob for nearly three hours as the attack unfolded.
Trump's legal team, in a motion to dismiss the case filed on September 29, countered, After the 2020 election cycle, President Trump made various statements and took various legal actions questioning the fairness or accuracy of the announced results. But he is hardly the first politician to do that and Petitioners identify no facts that could convert this political controversy into an insurrection against the government.
The case features a video of attorney Eric Olson arguing that voters should be denied the opportunity to vote for Trump because "only eligible candidates" should be allowed to run for President. Olson maintained that the lawsuit was initiated "to ensure Colorado has a fair election."
"Six Colorado voters, four Republicans and two independents, brought this case to ensure Colorado has a fair election among eligible candidates," Olson stated. "Trump incited a violent mob to attack our Capitol, to stop the peaceful transfer of power under our Constitution. That mob got within 40 feet of Vice President Pence after they chased him on the Senate floor. That mob tried to hurt and kill our elected leaders. And we are here because Trump claims after all, that he has the right to be President again. But our Constitution, our shared charter of our nation, 50 cannot do so. And Colorado law says this court must ensure that only eligible candidates appear on our ballots."
The defendants in the lawsuit include the former President and Colorado Secretary of State Jena Griswold, a Democrat, as reported by Colorado Newsline.
Section 3 of the 14th Amendment of the Constitution stipulates that no person holding office "shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."
Olson contends that Trump violated this clause due to his actions following the 2020 election and during the U.S. Capitol riot on January 6, 2021. However, it is important to note that Trump has not been charged or convicted of insurrection by any court or prosecutor.
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