A court in Colorado is hearing arguments using the Constitution's 'insurrection' clause to block Trump from a 2024 election bid.
Lawyers for a group of Colorado voters on Monday focused on the January 2021 assault on the U.S. Capitol and former President Donald Trump's role, opening a trial that could determine whether the Constitution's insurrection clause bars Trump from running again for the White House.
Trump's legal team and presidential campaign assailed the lawsuit as little more than an attempt by Democrats to derail his attempt to reclaim his old job. Trump is so far dominating the Republican presidential primary. Monday's hearing in Colorado state court is the first of two lawsuits that could end up reaching the U.S. Supreme Court. On Thursday, the Minnesota Supreme Court hears oral arguments in a similar case.
"I was afraid for my life and my colleagues," Hodges said. "I was afraid for the people in the U.S. Capitol building - congressmen, the vice president and what these people would do to them and how it would affect our democracy." His lawyers said none of the issues are simple in a provision of the Constitution that hasn't been used in 150 years. In court filings, they said the insurrection clause was never meant to apply to the office of president, which is not mentioned in the text, unlike "Senator or Representative in Congress" and "elector of President and Vice President."
A former Colorado secretary of state, Gessler said there is an informal principle in election law known as "the rule of democracy," which essentially means to "err on the side of letting people vote" whenever there is an ambiguity.
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