Key Highlights from Day 1 of the Trump Disqualification Trial in Colorado
The Trump disqualification trial in Colorado commenced, as voters employ the 14th Amendment to bar the former president from the 2024 ballot due to his involvement in the January 6 insurrection
The trial to disqualify Donald Trump under the 14th Amendment began in Colorado on Monday. A group of voters is seeking to use this amendment from the Civil War era to prevent him from being on the 2024 ballot due to his involvement in the January 6, 2021, insurrection.
In a Denver courtroom, Trump's lawyers clashed with the challengers, criticizing their case as an "anti-democratic" maneuver to undermine Trump's campaign without allowing voters to have a say. The challengers argued that their legal action was an unfortunate but necessary measure to ensure a "fair" 2024 election by preventing an ineligible candidate from appearing on the ballot.
Testimony from a US Capitol Police officer who was on the front lines during the violent assault, as well as a Democratic Representative Eric Swalwell who shared his terrifying experience of fleeing from the pro-Trump mob, was provided by the plaintiffs alongside their opening statements.
The focus of the case centers around Section 3 of the 14th Amendment, which establishes that US officials who have taken an oath to uphold the Constitution may be disqualified from holding future office if they have "engaged in insurrection" or have shown support to insurrectionists. However, the Constitution lacks clarity on how this prohibition should be enforced, with only two instances of its application since the 19th century.
The trial is anticipated to conclude within a span of one week, and the judge has expressed her intent to render a verdict before Thanksgiving. This timeline allows for ample time to file appeals prior to commencing the ballot-printing procedure in January for the Colorado GOP primary on March 5, 2024.
Outlined below are the key events from the inaugural day of this landmark trial:
Trump betrayed his oath, challengers say
Lawyers representing Republican and independent voters, who have filed a lawsuit, stated in their initial arguments that their objective is to "guarantee a fair election in Colorado featuring eligible candidates." This legal action is supported by the left-leaning watchdog organization, Citizens for Responsibility and Ethics in Washington.
"Our Constitution prohibits individuals, like Trump, who have violated their solemn oath, from holding office again," stated Eric Olson, a lawyer representing the challengers. "In accordance with Colorado law, these voters have the right to safeguard the validity of their votes by approaching this court and ensuring that only qualified candidates are listed on our ballots. Trump committed insurrection and is therefore ineligible to be included on the ballot."
He further emphasized, "Nobody, not even a former president, is exempt from abiding by the law."
The presentation showcased videos of the violent attack on the US Capitol on January 6, as well as clips from the 2020 campaign where Trump endorsed violence by his supporters, including his infamous statement telling the right-wing Proud Boys group to "stand back and stand by."
Linking Trump to the violence is crucial in the voters' case, but it is a difficult task. Based on evidence from the January 6 committee, Olson claimed that Trump not only encouraged and arranged the gathering of the mob, but also had knowledge that they were armed and posed a threat.
"Importantly, he helped them out by refusing to mobilize resources to stop the attack," Olson said.
Trump lawyer blasts fringe lawsuit
Trump lawyer Scott Gessler, a former Colorado secretary of state, strongly criticized the proceedings, labeling the case as "weak," "anti-democratic," and based on "fringe" theories. He pleaded with Colorado District Judge Sarah Wallace to refrain from "interfering" with the 2024 election by removing Trump from the ballot.
"This court must not impede that essential principle - the hallmark of democracy. It is the people who hold the authority to decide, and this lawsuit aims to nullify that guiding principle," expressed Gessler.
A crucial component of Trump's defense is that the events of January 6 were not a true insurrection according to the 14th Amendment. This amendment was ratified in response to the massive rebellion that took place during the Civil War. Gessler emphasized that it is the American people who determine the nation's leadership, and not just a handful of voters in Colorado, referring to the plaintiffs.
Congressman describes haunting Jan. 6 experience
Providing testimony in support of the challengers opposing Trump, Swalwell recounted the unsettling ordeal of seeking refuge in the House chamber on January 6, as the surrounding right-wing mob created a distressing atmosphere.
Swalwell, a Democratic representative from California and a vocal critic of Trump, expressed how he personally observed in real time that Trump was putting him and his colleagues in danger by instructing his supporters to head to the Capitol. The opposition used Swalwell's testimony as evidence to establish a connection between Trump's words and actions and the violent rampage carried out by his supporters.
"(Trump) directed his followers to go to the Capitol, claiming that he would be there in solidarity with them. As we gathered in the cloakroom, there was a shared sense of apprehension and concern about what this meant for our safety," Swalwell recounted.
After the building was forcefully invaded by the rioters, they came dangerously close to entering the House chamber. Swalwell recounted the severity of the chaotic situation, which included the suspension of the Electoral College proceedings, police instructing members to wear gas masks, the House chaplain praying, and the sound of a gunshot echoing from afar.
Swalwell admitted to being ready for a confrontation and worked alongside Rep. Ruben Gallego, a former Marine and Arizona Democrat, to assist lawmakers in donning gas masks by occasionally resorting to "using his teeth to tear them open."
"He also handed me a pen that was sitting on the table ⦠and he said ⦠if any of them get near you just put this in their neck," Swalwell said.
Colorado election official looks for guidance
Colorado's Secretary of State, Jena Griswold, expressed her hopes for the trial on CNN. According to her, this unprecedented scenario involves a sitting president inciting an insurrection and subsequently running for office again. She believes there are legitimate concerns about whether Section 3 of the 14th Amendment disqualifies Trump. Griswold, a Democrat, eagerly anticipates the judge's guidance on this matter.
The defendants filed a lawsuit against Trump and Griswold, who has not expressed a stance on whether the ex-president is disqualified. Griswold stated on CNN that she believes Trump instigated the January 6 insurrection. However, she acknowledged that it is for the judge to determine if his actions constitute active participation in the insurrection, leading to disqualification from office.
She dismissed the notion that the lawsuit could be perceived as a politically motivated misuse of the legal system, specifically targeting the leading candidate of the GOP.
"It is a valid means to initiate legal action. What is unacceptable is attempting to steal an election from the American people, inciting an uprising, plotting with fraudulent electors, or discussing the theft or confiscation of voting equipment," Griswold stated. "These actions are unreasonable. However, a court case similar to the one currently unfolding, in my opinion, is completely justified."
CNNs Avery Lotz and Andi Babineau contributed to this report.
