The disqualification trial under the 14th Amendment against former President Donald Trump continued in Colorado on Tuesday. A group of voters aims to prevent him from appearing on the 2024 ballot based on the Constitutional "insurrectionist ban" after the Civil War. During the trial, an expert on right-wing extremism examined Trump's past actions that incited unrest. They stated that Trump's speech on January 6, 2021, was unambiguously perceived by his most militant supporters as a call to violence. This testimony is crucial to the challengers' argument that Trump actively participated in the insurrection and is, therefore, ineligible for office.
The battle for Trump's presence on the ballot has intensified as his trial unfolded in Colorado. Additionally, Trump has taken legal action to halt a similar case in Michigan, while a significant hearing regarding another challenge to his candidacy is scheduled for Thursday in Minnesota.
According to the 14th Amendment, US officials who have taken an oath to uphold the Constitution are ineligible for office if they have "engaged in insurrection" or assisted the country's enemies. However, the Constitution does not provide guidelines on how to enforce this prohibition, and it has only been invoked twice since the 19th century. As a result, many experts consider these challenges to be unlikely to succeed.
Here are the latest highlights from the Colorado trial and beyond:
A call to violence on January 6
Peter Simi, a sociology professor at Chapman University specializing in extremism, testified about Trump's past support of far-right brawler groups such as the Proud Boys, although he provided enough leeway for plausible deniability.
Simi stated that Trump frequently employed coded language, which extremist group members consistently understood as a rallying cry for "anger, resentment, and mobilization." This trend intensified during the summer of 2020 when Trump alleged electoral fraud in the presidential election.
Eric Olson, a lawyer representing the challengers from Colorado, presented video clips from Trump's speech on January 6th. In his speech, Trump encouraged his supporters to march to the Capitol and "fight like hell" in order to "save" the country. While he did mention peaceful actions at times, right-wing extremists interpreted these words as a call to violence. Simi explained that within the culture of far-right extremists, the idea of fighting is to be taken literally. This is especially true when considering the immediate threats outlined in the context of the speech, where the loss of their country is emphasized. Consequently, the term "fighting" is understood as requiring violent action.
According to Simi, the association between Trump and far-right extremists is unmatched. Simi stated that these extremists were strongly influenced by Trump's campaign, which began in 2015. As a result, a significant connection formed between Donald Trump and far-right extremists, who believed that Trump understood and acknowledged their concerns.
Democrats also wanted to fight
Trump lawyer Scott Gessler pushed back against Simi during cross-examination, pointing out that Democrats used some of the same incendiary language as Trump.
He showcased a compilation of Democrats expressing their determination to "fight" or "fight like hell."
Moreover, he pinpointed President Joe Biden's statement from 2018, where he voiced his desire to "take (Trump) behind the gym and beat the hell out of him" as if they were in high school.
The montage showcased various prominent Democrats, including Biden, Vice President Kamala Harris, 2016 Democratic nominee Hillary Clinton, Senate Majority Leader Chuck Schumer, former House Speaker Nancy Pelosi, Sen. Bernie Sanders, Sen. Elizabeth Warren, Transportation Secretary Pete Buttigieg, Rep. Jamie Raskin, and other top Democrats.
14th Amendment scholar to testify next
Following the challengers' presentation, it will be Trump's opportunity to present his case.
Trump sues to stop Michigan ballot challenge
Texas Rep. Troy Nehls announced on social media on Tuesday that he will testify at the trial, despite former President Trump's absence and refusal to do the same. Nehls described the trial as a "sham" and shared his personal experience of being present at the Capitol doors on January 6, where he claims there was no insurrection.
In an attempt to prevent another significant 14th Amendment challenge, Trump initiated a lawsuit to halt a connected legal case in Michigan. A progressive advocacy group filed a lawsuit in September, aiming to obtain a court order that would bar Michigan Secretary of State Jocelyn Benson from including Trump's name on the state's 2024 presidential ballot.
In the Michigan Court of Claims, Trump initiated a lawsuit on Monday, seeking a judicial declaration that Benson lacks the authority, as per state law, to prevent Trump's inclusion on the ballot on the grounds of the 14th Amendment. Trump's lawyers argue that certain individuals are attempting to deprive voters in Michigan of the chance to support him in the election, by urging the Secretary of State to unlawfully exceed her responsibilities and restrict Trump's presence on the ballot.
CNN has contacted the Trump campaign and Free Speech for People, the organization that lodged the candidacy challenges in Michigan and Minnesota.
This report includes contributions from Devan Cole and Avery Lotz of CNN.