In a groundbreaking legal showdown grabbing national headlines, a Colorado lawsuit has taken center stage, seeking to expel former President Donald Trump from the state’s presidential primary ballot. Spearheaded by the Citizens for Responsibility and Ethics in Washington (CREW), this audacious move hinges on invoking Section 3 of the 14th Amendment—a post-Civil War provision that holds anyone who swore allegiance to the U.S. Constitution and subsequently participated in rebellion or insurrection ineligible for public office.
Donald Sherman, CREW’s distinguished Chief Counsel and Executive Vice President, delves into the intricate web of legal complexities surrounding the former president’s fate.
The Colorado lawsuit
While Section 3 of the 14th Amendment does not explicitly require a criminal conviction, Sherman emphatically asserts that Trump’s denial of the validity of this legal theory is unfounded. A pivotal turning point came in August when members of the conservative Federalist Society published a paper suggesting that Trump could indeed be disqualified through the 14th Amendment.
Drawing attention to the broader implications of this legal battle, Sherman highlights the potential consequences for other elected officials involved in the January 6, 2021 insurrection.
Notably, a previous CREW lawsuit led to a judge ousting Couy Griffin, a former commissioner from Otero County, New Mexico, for his role in the events of January 6. Sherman believes this could set a precedent, stating, “The case undoubtedly establishes a persuasive precedent for future disqualification cases against the former president. It marks the first instance where a judge, as a matter of law, ruled that January 6 was indeed an insurrection.”
Sherman is steadfast in his vision for the lawsuit, expressing hope that it will pave the way for accountability among all elected officials implicated in the insurrection. He underscores that this legal battle transcends partisan politics and ideological differences, emphasizing that numerous legal scholars concur with CREW’s interpretation of the 14th Amendment and its potential use in disqualifying the former president.
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