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Lawsuit contends Constitution's 'insurrection' clause bars Trump from running again for president

Lawsuit contends Constitution's 'insurrection' clause bars Trump from running again for president
US LIVE IN CONCORD WITH MORE. GUYS, THE ATTORNEY GENERAL鈥橲 OFFICE HERE IN NEW HAMPSHIRE IS NOW ADVISING THE SECRETARY OF STATE WHO OVERSEES OUR STATE鈥橲 ELECTIONS ON THAT COMPLICATED ELIGIBILITY QUESTION. THE LEGAL EXPERTS WE SPOKE WITH SAY WE鈥橰E IN UNCHARTED TERRITORY HERE, AND THAT MEANS THERE鈥橲 A LOT OF QUESTION MARKS HANGING OVER HOW THIS DEBATE COULD PLAY OUT. NOW, THE 14TH AMENDMENT, ALONG WITH SEVERAL OTHERS, WERE PASSED IN THE WAKE OF THE US CIVIL WAR. IT WAS DESIGNED TO PREVENT MEMBERS OF THE CONFEDERACY FROM EVER HOLDING PUBLIC OFFICE AGAIN. THE LEGAL SCHOLAR WE SPOKE WITH TELLS US IT鈥橲 MEANT TO BAR ANYONE WHO鈥橲 TAKEN AN OATH OF OFFICE AND ENGAGED IN AN INSURRECTION AGAINST THE COUNTRY FROM HOLDING PUBLIC OFFICE. HE SAYS THERE ARE TWO VERY BIG QUESTION MARKS AT THE CENTER OF THIS DEBATE. WHAT HAPPENED ON JANUARY 26TH? WAS IT CONSIDERED AN INSURRECTION? AND IF ANY, WHAT WAS THE ROLE PRESIDENT DONALD TRUMP PLAYED AT THE TIME? WHAT IS INSURRECTION MEAN AND HOW? WHAT DOES ONE HAVE TO DO TO BE INVOLVED IN AN INSURRECTION AND THUS SUBJECT TO THE, YOU KNOW, THE BAR OF THIS PARTICULAR PROVISION? THERE鈥橲 NOT A LOT OF DEVELOPED CASE LAW ON EITHER OF THOSE QUESTIONS. AND AGAIN, THE SECRETARY OF STATE鈥橲 OFFICE SAYS THEY HAVE NOT TAKEN ANY ACTION ON THAT QUESTION YET. BUT THEY ARE TAKING IT SERIOUSLY. THAT鈥橲 WHY THEY ARE NOW WORKING WITH THE ATTORNEY GENERAL鈥橲 OFFICE, WHO IS REVIEWING ALL OF THOSE LEGAL QUESTIONS SURROUNDING THE FORMER PRESIDENT鈥橲 ELIGIBILITY. THE LEGAL EXPERT WE SPOKE WITH ALSO SAYS THIS WOULD LIKELY COME DOWN TO THE COURTS AND EXPECT IF ANY STATE WOULD TAKE ACTION TO KEEP THE FORMER PRESIDENT OFF THE BALLOT. THAT WOULD QUICK
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Lawsuit contends Constitution's 'insurrection' clause bars Trump from running again for president
A liberal group on Wednesday filed a lawsuit to bar former President Donald Trump from the primary ballot in Colorado, arguing he is ineligible to run for the White House again under a rarely used clause in the U.S. Constitution aimed at candidates who have supported an 鈥渋nsurrection.鈥漈he lawsuit, citing the 14th Amendment, is likely the initial step in a legal challenge that seems destined for the U.S. Supreme Court. The complaint was filed on behalf of six Republican and unaffiliated Colorado voters by the group Citizens for Responsibility and Ethics in Washington.It will jolt an already unsettled 2024 primary campaign that features the leading Republican candidate facing four separate criminal cases.Liberal groups have demanded that states鈥� top election officials bar Trump under the clause that prohibits those who 鈥渆ngaged in an insurrection or rebellion鈥� against the Constitution from holding higher office. None has taken that step, looking for guidance from the courts on how to interpret a clause that has only been used a handful of times since the 1860s.While a few fringe figures have filed thinly written lawsuits in a few states citing the clause, the litigation Wednesday was the first by an organization with significant legal resources. It may lead to similar challenges in other states, holding out the potential for conflicting rulings that would require the Supreme Court to settle.Colorado鈥檚 secretary of state, Democrat Jena Griswold, said in a statement that she hoped 鈥渢his case will provide guidance to election officials on Trump鈥檚 eligibility as a candidate for office.鈥漈he lawsuit contends the case is clear, given the attempt by then-President Trump to overturn his 2020 election loss to Democrat Joe Biden and his support for the assault of the U.S. Capitol on Jan. 6, 2021. The Republican has said he did nothing wrong in his actions.The 14th Amendment, ratified in 1868, helped ensure civil rights for freed slaves 鈥� and eventually for all people in the United States. But it also was used to prevent former Confederate officials from becoming members of Congress after the Civil War and taking over the government against which they had just rebelled.The clause cited in the lawsuit allows Congress to lift the ban, which it did in 1872 as the political will to continue to bar former Confederates dwindled. The provision was almost never used after that.CREW and law professors of both parties contend the amendment is clear and is a qualification for president, just as the Constitution's mandate that a candidate for the White House must be at least 35 years old and a natural born citizen.But others note there is much unsettled about the provision and that a case involving this issue has not reached the justices in Washington.The clause cites 鈥減residential electors,鈥� but not presidents themselves, as being disqualified if they previously swore an oath to uphold the Constitution and then broke it. There is a debate among some experts about whether Trump's acts constitute an 鈥渋nsurrection鈥� under the language of the amendment.In its complaint, Citizens for Responsibility and Ethics in Washington asked the court to expedite the matter so it can be resolved before the state's primary ballot is set on Jan. 5 2024. 鈥淲e understand that there鈥檚 great interest in states across this country about this question, and it needs to be resolved expeditiously so there鈥檚 clarity,鈥� said Donald Sherman, CREW's chief counsel, told reporters in a teleconference.A Trump spokesman did not immediately respond to a request for comment on the suit.The 14th Amendment was used last year to bar from office a New Mexico county commissioner who entered the U.S. Capitol on Jan. 6. That was the first time it was used in 100 years. In 1919, Congress refused to seat a socialist, contending he gave aid and comfort to the country鈥檚 enemies during World War I.Another liberal group, Free Speech For People, unsuccessfully tried to use the provision to prevent Republican Reps. Marjorie Taylor Greene of Georgia and Madison Cawthorn of North Carolina from running for reelection last year.The judge overseeing Greene鈥檚 case ruled in her favor. Cawthorn鈥檚 case became moot after he was defeated in his primary.CREW said it expects to file more cases in other states and anticipates that other groups may do so as well. It picked Colorado, its leaders said, because the state allows ballot challenges to go directly to court and it assembled a prominent roster of plaintiffs, including a former Republican leader of both houses of the state legislature and a conservative columnist for the Denver Post.There was another reason, noted Sherman 鈥� in 2015, a Guyana-born naturalized citizen lost his lawsuit to be included on the state's presidential primary ballot, failing to convince a federal magistrate that the constitution's requirement that he be a natural-born citizen was unfair.A federal appeals judge upheld that ruling barring him from the ballot. The judge was Neil Gorsuch, now on the U.S. Supreme Court.

A liberal group on Wednesday filed a from the primary ballot in Colorado, arguing he is ineligible to run for the White House again under a rarely used clause in the U.S. Constitution aimed at candidates who have supported an 鈥渋nsurrection.鈥�

The lawsuit, citing the 14th Amendment, is likely the initial step in a legal challenge that seems destined for the U.S. Supreme Court. The complaint was filed on behalf of six Republican and unaffiliated Colorado voters by the group Citizens for Responsibility and Ethics in Washington.

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It will jolt an already unsettled 2024 primary campaign that features the leading Republican candidate facing four separate criminal cases.

Liberal groups have demanded that states鈥� top election officials bar Trump under the clause that prohibits those who 鈥渆ngaged in an insurrection or rebellion鈥� against the Constitution from holding higher office. None has taken that step, looking for guidance from the courts on how to interpret a clause that has only been used a handful of times since the 1860s.

While a few fringe figures have filed thinly written lawsuits in a few states citing the clause, the litigation Wednesday was the first by an organization with significant legal resources. It may lead to similar challenges in other states, holding out the potential for conflicting rulings that would require the Supreme Court to settle.

Colorado鈥檚 secretary of state, Democrat Jena Griswold, said in a statement that she hoped 鈥渢his case will provide guidance to election officials on Trump鈥檚 eligibility as a candidate for office.鈥�

The lawsuit contends the case is clear, given the attempt by then-President Trump to overturn his 2020 election loss to Democrat Joe Biden and his support for the assault of the U.S. Capitol on Jan. 6, 2021. The Republican has said he did nothing wrong in his actions.

The 14th Amendment, ratified in 1868, helped ensure civil rights for freed slaves 鈥� and eventually for all people in the United States. But it also was used to prevent former Confederate officials from becoming members of Congress after the Civil War and taking over the government against which they had just rebelled.

The clause cited in the lawsuit allows Congress to lift the ban, which it did in 1872 as the political will to continue to bar former Confederates dwindled. The provision was almost never used after that.

CREW and law professors of both parties contend the amendment is clear and is a qualification for president, just as the Constitution's mandate that a candidate for the White House must be at least 35 years old and a natural born citizen.

But others note there is much unsettled about the provision and that a case involving this issue has not reached the justices in Washington.

The clause cites 鈥減residential electors,鈥� but not presidents themselves, as being disqualified if they previously swore an oath to uphold the Constitution and then broke it. There is a debate among some experts about whether Trump's acts constitute an 鈥渋nsurrection鈥� under the language of the amendment.

In its complaint, Citizens for Responsibility and Ethics in Washington asked the court to expedite the matter so it can be resolved before the state's primary ballot is set on Jan. 5 2024. 鈥淲e understand that there鈥檚 great interest in states across this country about this question, and it needs to be resolved expeditiously so there鈥檚 clarity,鈥� said Donald Sherman, CREW's chief counsel, told reporters in a teleconference.

A Trump spokesman did not immediately respond to a request for comment on the suit.

The 14th Amendment was used last year to bar from office a New Mexico county commissioner who entered the U.S. Capitol on Jan. 6. That was the first time it was used in 100 years. In 1919, Congress refused to seat a socialist, contending he gave aid and comfort to the country鈥檚 enemies during World War I.

Another liberal group, Free Speech For People, unsuccessfully tried to use the provision to prevent Republican Reps. Marjorie Taylor Greene of Georgia and Madison Cawthorn of North Carolina from running for reelection last year.

The judge overseeing Greene鈥檚 case ruled in her favor. Cawthorn鈥檚 case became moot after he was defeated in his primary.

CREW said it expects to file more cases in other states and anticipates that other groups may do so as well. It picked Colorado, its leaders said, because the state allows ballot challenges to go directly to court and it assembled a prominent roster of plaintiffs, including a former Republican leader of both houses of the state legislature and a conservative columnist for the Denver Post.

There was another reason, noted Sherman 鈥� in 2015, a Guyana-born naturalized citizen lost his lawsuit to be included on the state's presidential primary ballot, failing to convince a federal magistrate that the constitution's requirement that he be a natural-born citizen was unfair.

A federal appeals judge upheld that ruling barring him from the ballot. The judge was Neil Gorsuch, now on the U.S. Supreme Court.