Trump Asks for Dismissal of Colorado 14th Amendment Case Ahead of Ruling

A supporter of Republican front-runner former President Donald Trump hold up signs while he delivers remarks during a campaign event in Claremont, New Hampshire, on Nov. 11, 2023. Scott Eisen/Getty Images

As Colorado 2nd District Court Judge Sarah Wallace heard closing arguments from several parties in a 14th Amendment case filed by a group trying to keep former President Donald Trump off the primary ballots, the Trump campaign issued a statement calling for the dismissal of the case.

“As closing arguments are made in the 14th Amendment lawsuit to President Trump’s ballot eligibility in Colorado, please keep in mind the fact that similar 14A challenges in the states of Michigan, Minnesota, and New Hampshire have already been DISMISSED by numerous judges,” said Trump campaign spokesperson Steven Cheung.

Across the nation, petitions have been filed in state courts demanding the top election official to not allow the leading presidential candidate in the Republican Party to be listed on the primary ballots.

In New Hampshire, the case was dismissed as a “political question,” one for the voters and legislators, and not the courts. In Minnesota, primaries were deemed a function of political parties, a different mechanism than a general election, and not something for the secretary of state to regulate. In Michigan, the judge issued a lengthy opinion addressing several of the legal points brought up by both sides, ultimately claiming no jurisdiction and no standing in the case. A federal judge in Florida had also previously dismissed a case with the reasoning that there was no jurisdiction.

In those cases, judges heard no arguments on the topic of insurrection—which is what those seeking to take President Trump off the ballot are accusing him of—instead questioning attorneys at length about case law that would support a state court to rule on the issue, and the powers of a secretary of state—typically the defendant in these sorts of petitions.

The Colorado case was a departure from the rest, devoting 17 hours to arguments and witness testimony on whether the events of Jan. 6, 2021, constituted an “insurrection,” and whether President Trump “engaged” in it, and therefore would be disqualified under the 14th Amendment.

Ratified after the Civil War, the 14th Amendment extended citizenship and equal rights to former slaves, and all persons born and naturalized in the United States. The third section of the amendment prohibited any who had participated in “rebellions” or “insurrections” from holding office unless they had a two-thirds vote of exemption from Congress, and was indeed referenced in cases in the wake of the war.

Will of the Voters?

The Trump campaign also sought to draw attention to the fact that these cases have been brought by left-wing activist groups. In these cases, the plaintiffs have been one or a small group of local Republican or unaffiliated voters, but represented by large, national organizations.

In Colorado, the left-leaning Citizens for Responsibility and Ethics in Washington (CREW) is representing six local voters.

In Michigan and Minnesota, local voters were represented by Free Speech for People, the group that wrote letters to election officials in each state in 2021 after President Trump left office, arguing he should be barred from running for reelection in the future because of the 14th Amendment.

“Each and every one of these Democrat attempts to deprive voters of their Constitutional right to select their next president (aka The STEAL Curtain) have FAILED miserably. The Colorado case, much like the others, is orchestrated by a left-wing activist group, fueled with gobs of cash from left-wing billionaires like George Soros,” Mr. Cheung stated. “This lawsuit is merely the latest corrupt attempt to interfere with the 2024 election by supporters of Crooked Joe Biden. Like ALL OTHERS before it, this frivolous case should be thrown out of court immediately.”

President Trump has maintained that the numerous cases against him are “election interference” on the part of his political opponents. In addition to the 14th Amendment challenges across the nation, where President Trump and the Trump campaign are often intervenors, he is facing several other civil suits including the ongoing fraud case brought by New York Attorney General Letitia James against Trump Organization executives, and an upcoming defamation suit also in New York. He is also facing four separate criminal indictments and has pleaded not guilty to a total of 91 counts, with prosecutors and judges promising a busy 2024 court schedule as these cases more to trial.

President Trump had previously filed to dismiss the Colorado case, which the judge rejected, disagreeing with attorneys and other state judges in that Congress holds jurisdiction over the matter.