The Boston Globe

Colo. trial to see if Trump eligible to be president

Lawsuit alleges he participat­ed in insurrecti­on

- By Maggie Astor

Something the nation has never seen before began playing out in a Denver courtroom Monday morning: A trial to determine whether a major party’s likely presidenti­al nominee is eligible to be president at all.

The lawsuit, filed in September by six Colorado voters with the help of a watchdog group, Citizens for Responsibi­lity and Ethics in Washington, argues that former president Donald Trump is ineligible to hold office again under Section 3 of the 14th Amendment. That section disqualifi­es anyone who “engaged in insurrecti­on or rebellion” against the Constituti­on after having taken an oath to support it.

The plaintiffs say Trump’s efforts to overturn the 2020 election — namely his actions before and while his supporters stormed the Capitol on Jan. 6, 2021, to try to stop the certificat­ion of Joe Biden’s victory — meet the disqualifi­cation criteria.

Sarah B. Wallace, the state district court judge presiding over the case, rejected multiple requests from Trump and from the Colorado Republican State Central Committee in recent weeks to dismiss the case without a trial. Wallace also rejected a call for her to recuse herself because she had donated to an organizati­on that opposes Republican candidates in Colorado — a donation that Trump’s presidenti­al campaign was fervently highlighti­ng. She said she had not formed any opinion on the legal issues in the case.

In an opening statement

Monday, Eric Olson, a lawyer for the plaintiffs, said his team would argue that Jan. 6 was “an insurrecti­on against the Constituti­on” and that Trump engaged in that insurrecti­on.

Olson ran through the familiar account of Trump’s speech to his supporters on the morning of Jan. 6 and the storming of the Capitol that followed. He reminded the court that Trump did not call off the mob for hours. “We are here because Trump claims, after all that, he has the right to be president again,” he said. “But our Constituti­on, our shared charter of our nation, says he cannot do so.”

A lawyer for Trump, Scott Gessler, said his team would argue that “engaging” in an insurrecti­on required more than “mere incitement through words.” He said Trump had never called for violence and had urged his supporters to act “peacefully and patriotica­lly” — words that had been noted preemptive­ly by Olson. Olson said that using the phrase once did not outweigh the balance of a speech that repeatedly called on people to “fight.”

On Trump’s side, Gessler argued it would be “antidemocr­atic” to deny him the ability to run and unpreceden­ted for a court to deem a presidenti­al candidate ineligible under the 14th Amendment.

Wallace has laid out nine topics to be addressed at the trial, which is scheduled to last all week. They include whether Section 3 of the 14th Amendment applies to presidents; what “engaged” and “insurrecti­on” mean under that section; whether Trump’s actions fit those definition­s; and whether the amendment is “self-executing” — in other words, whether it can be applied without specific action by Congress identifyin­g whom to apply it to.

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