Colorado Judge Says That Trump Engaged in Insurrection but Should Remain on the Colorado Ballot

Posted on by November 22, 2023

Here is the latest on this matter from CNN.

The state Court judge ruled that the 14th Amendment does not apply to Presidents of the United States. UPDATE: here is the decision in Anderson v Griswold, Denver district court, 2023cv-32577. The Colorado Supreme Court will hear the appeal on December 6. Both sides are appealing. The plaintiffs, who want to keep Trump off the ballot, disagree with the state lower court’s conclusion that section three of the 14th amendment doesn’t apply to president and vice-president. Trump disagrees with the part of the ruling that says he engaged in insurrection.

Comments

Colorado Judge Says That Trump Engaged in Insurrection but Should Remain on the Colorado Ballot — 60 Comments

  5. The decision of the Colorado District Court judge is that the Colorado Secretary of State cannot disqualify Donald Trump from the Presidential Primary Election ballot in 2024.
    In reaching that decision the judge reasoned that Donald Trump had never taken the oath prescribed in Section 3 of the 14th Amendment for Senators, Representatives and officers of the federal government. The office of President requires taking another oath than for all other government functionaries. Donald Trump had never taken such an oath but only the Presidential oath. Section 3 excludes the Presidential oath as grounds for disqualification for engaging in insurrection.
    I find this reasoning peculiar. In effect, it creates a class of nobility. Persons who have not taken a certain oath with immunity to a provision of the Constitution with eligibility for the Presidency, and a class of commoners who have taken another oath which can disqualify them from holding the office of President if they are found to have given some aid and comfort to an insurrection.
    The Constitution bans titles of nobility – meaning the creation of a class of persons with exclusive privileges and immunities.
    I agree that Donald J. Trump should NOT be banned from the ballot but for reason distinctly in contrast to that offered by the Colorado jurist. I hold that it is the voter who has the right to vote for Trump or any other person who meets the qualifications in the Constitution which no state nor Congress may add or subtract from. Any alteration to Presidential qualifications must be by duly ratified amendment.
    Judges are very consistent in keeping voters disempowered to control government officials by balloting.

  9. Horrible ruling.

    The correct ruling would have been that, based on long precedent, the Colorado judiciary has no say over primary races, as the Michigan judge ruled there earlier this week.

  10. It appears that the judge actually took the trouble to read what the Amendment actually says.

    For that, I commend her.

  13. Fake news overload. The judge ruled correctly that the improperly adopted, overdue to be repealed 14th amendment does not apply to President. The judge was insanely off base in ruling that President Trump engaged in “insurrection,” an absolutely ridiculous claim for multiple reasons beat to death and beyond in previous discussions here.

    I agree that there should have also been a ruling that primaries should be governed (and administered and paid for) by parties, not by states. Andy mentions one of the many reasons why Trump being engaged in an “insurrection” is a non-starter, the other main one being that Trump wasn’t there and told supporters to protest legally and peacefully, and then when a tiny percentage didn’t told them to cease and desist.

  14. Anyone have an over/under for average number of 14-3 articles per day on this night over the next week or month?

  18. What difference does it make how long?

    USSR TODAY IS FAKE NEWS.

    MY bet of average 14-3 articles per day is 6. I’ll take the over.

  23. GERRYMANDER EXAMPLES 101 VOTES PER DISTRICT- NOV 2023
    EXTREME MINORITY RULE EXAMPLE
    DTS A B TOT
    PARTY VOTES IN PER DISTRICT
    51 51 50 101
    50 0 101 101
    VOTES IN DISTRICTS
    51 2,601 2,550 5,151
    50 0 5,050 5,050
    TOT 2,601 7,600 10,201
    PERCENTAGES OF TOTAL VOTES IN DISTRICTS – 10,201
    51 25.5 25.0 50.5
    50 0.0 49.5 49.5
    TOT 25.5 74.5 100.0

    LONG TERM MINORITY RULE CONTROL EXAMPLE
    PARTY VOTES IN PER DISTRICT
    51 55 46 101
    50 40 61 101
    VOTES IN DISTRICTS
    51 2,805 2,346 5,151
    50 2,000 3,050 5,050
    TOT 4,805 5,396 10,201
    PERCENTAGES OF TOTAL VOTES IN DISTRICTS – 10,201
    51 27.5 23.0 50.5
    50 19.6 29.9 49.5
    TOT 47.1 52.9 100.0
    NOTE – GROUP A UNDER 50.0 PCT TOTAL

    WORSE MINORITY RULE WITH UNEQUAL VOTES
    AND 3 OR MORE CHOICES PER DISTRICT

    REMEDY – PROPORTIONAL REPRESENTATION
    TOTAL VOTES / TOTAL MEMBERS =
    EQUAL VOTES TO ELECT EACH MEMBER

  24. Help! AZ is posting indecipherable gibberish again!

    In other news: I’m not sure I’m prepared to venture a numerical guess as to 14-3 articles per day, although I’m guessing the daily average will be somewhere between 3 and 14, possibly as low as 3.14, but probably higher.

    In percentage terms of 14-3 articles divided by total articles, I’m going to guess somewhere in the 60-90% range for 14-3 articles.

    I’d give 70% odds that the site will have a name change soon to either 14-3 News or Trump Ballot Access News. If not, it certainly should, to reflect the new change in focus.

  27. Gene,

    The meaning of “office under the united States” as used in that language is not the same as you think of. It has a specific meaning derived from prior English custom which makes it clear it was never intended to apply to President. There’s an article in Reason by a libertarian lawyer professor which goes into details. I’ll see if I can find the link for you.

  28. Gene, the voters did not decide to get Trump out of office in 2020. That decision was made by the Chinese Communist Party and American traitors who collaborated with the enemy, including the senile puppet they put in Trump’s office. Next year, the voters will vote to elect Trump again, this time by a margin so large that the best the cheaters will be able to do without starting a revolution is to try to make it look like it was close. I hope you will congratulate the winner and those of us who support him.

  29. 2-2 IMPEACHMENT – OFFICES / OFFICERS

    1-3-7 CONVICT IMPEACHMENT – REMOVE FROM OFFICE

    TOO MANY CONLAW MORONS TO COUNT — ESP IN GRAD-U-8S OF SO-CALLED LAW SKOOOOLS WHO BECOME HACK JUDGES IN USA/STATE GOVTS

  30. ALSO- PREZ OATH —

    2-1-8 *OFFICE* — 2 TIMES

    WAY TOO MANY CONLAW MORONS IN THE USA WHO CAN NOT READ THE ENGLISH LANGUAGE

    AND WHO LOVE COMMIE/FASCIST TYRANT HACKS — LIKE BIDEN AND TRUMP.

  31. ALSO

    1-6-2. NO EXEC/JUDIC HACK OFFICER BEING A MEMBER OF THE CONGRESS —

    >>>> NOOOO BRIT TYPE PARL SYSTEM.

  34. “Trump Won” – it is possible that the Chicoms aided the election of Joe Biden, but lacking evidence, your statement remains an assertion.
    There is definite evidence that Putin’s minions in the Kremlin and in America did aid the campaign of Donald Trump, that Donald Trump has at least verbally been full of praise for Vlad the Impaler Putin and Kim Jong-un. If you want to go after Traitors, the Russian Stooge is headquartered @ Mara Lago.

  35. “Know of Things” – it is possible I am a retard, but lacking evidence, your statement remains pure assertion.
    There is evidence that you are bravely hiding behind a pseudonym -“false name” in case you don’t know – and that your fake rubric is clearly not descriptive of you or your talents.

  36. Yikes, Gene Berkman is yet another commie retard.

    It’s been proven the Russians actually tried to help Hillary Clinton, but Gene is too fucking stupid to realize that.

  37. Gene, the assertion of your retardation is proven by your own statements which are misinformed and lack logical thought. I put your past statements into an AI program. It determined your IQ to be 73, which is borderline retarded. Perhaps I should have included the qualifier “borderline” in my previous comment. My mistake.

  42. For some reason this site allows other people to post links but not me. For the historical facts about why president is not an office under the united States look up Steven Calabresi at reason. Reading the English language is deceptive because word meaning changes over time and sometimes words are used in ways that have a historic context that’s not obvious from modern common usage. Calabresi explains how that applies to office in 14-3. Another example is income, which meant profit at the time, not wages as it has come to be used now.

    For definitive proof of stolen 2020 election see the film 2000 mules. Evidence of Biden crime family bribery with China is plentiful, and there’s much more there.

    Speaking of no evidence, the Russia Trump hoax has been thoroughly debunked. Even the Mueller investigation as well as demon rat show hearings in congress found nothing. Subsequent investigations showed it was deliberately staged using corrupt fbi operatives, deliberately planted fake news, etc. The sheer number of such desperate derp state/fake news operations against Trump should tell you something if you weren’t blinded by tds and brainwashing by those same bad actors.

    Berkman is equally off base about Putin. Putin and Trump are the two biggest reasons why Christian, European civilization is still hanging on by a thread in the face of concerted globalist efforts to destroy it through cultural Marxism, population replacement, biowarfare, the depopulation agenda, etc, etc.

    Beijing Biden is the commie/fascist tyrant, not Trump. Trump, like Putin, is a patriot, savior and hero. Others include Millei in Argentina.

  45. Russian support for The Trump campaign in 2016 has been proven, and there have been numerous indictments of people involved. True, it has not been shown that Trump himself met with Russian agents, but he was clearly a beneficiary.

    And Donald Trump has clearly been full of praise for Putin and Kim Jong-un.

    If Putin is saving Christian civilization, he is doing so at the cost of ending freedom for the Russian people and engaging in aggression against Ukrainian Christians. If some Christians look to Putin as a saviour, it shows the moral bankruptcy of such people.

  46. P.F. – Steven Calabresi says @ Reason ” I believed then, and do still now believe, that the events of January 6, 2021 were an “insurrection.” ” https://reason.com/volokh/2023/10/12/section-3-of-the-fourteenth-amendment/ so agrees with the Judgment in Colorado on that issue.

    His interpretation of whether the President is an Officer of the United States rests on a single line in the Commissions clause of The Constitution. He ignores the other references in the Constitution to the “Office” of President, which is mentioned in Art. 1, Sec. II, Paragraph 6, Paragraph 7, and Paragraph 9.

    The 1828 edition of the Webster’s Dictionary defines Officer:
    “OF’FICER, noun A person commissioned or authorized to perform any public duty. Officers are civil, military or ecclesiastical. There are great officers of state, and subordinate officers.”

    Clearly the President authorized the President to perform public duties.
    The 1828 edition of Webster’s Dictionary defines President as:
    PRES’IDENT, noun [Latin proesidens.]

    1. An officer elected or appointed to preside over a corporation, company or assembly of men, to keep order, manage their concerns or govern their proceedings; as the president of a banking company; the president of a senate, etc.

    2. An officer appointed or elected to govern a province or territory, or to administer the government of a nation. The president of the United States is the chief executive magistrate.

    3. The chief officer of a college or university.
    Note the term “officer” in each of these definitions from 1828
    https://webstersdictionary1828.com/Dictionary/President

    English today is not so different from the English our Founders spoke.

  47. Gene Berkman still has no clue what is going on. Typical commie retard. No wonder he voted Biden.

  48. Mike – I vote Libertarian. I have never voted for Joe Biden, and never voted for a Democrat for President.
    I voted for and campaigned for Ronald Reagan in 1980, and in 1966 campaigned for Reagan for Governor of California

    Your own support of Donald Trump calls into question your own intelligence and your own attitude toward America and the Constitution. If you vote for someone who is on record as wanting to get rid of the Constitution – as Donald Trump has clearly stated – that is an indication of your own hatred of America.

  49. Russian support for Trump has been disproven as a deliberate derp state fake news hoax.

    Indictments are simply allegations.

    Trump praised world leaders strategically, and we had peace and prosperity as a result. Beijing Biden has brought war, economic downturn, social upheaval, mass illegal invasion across the Mexican border, horrible corruption, and kowtowing to Xi and CCP.

    Putin has not ended freedom for Russians. Russians have more freedom now than under Mongol Yoke, Czars, Bolsheviks, or the failed western neoliberal hegemony of the 1990s. Russia is more free now than ever. Their idea of freedom is not the same as the Atlanticist, western European or US versions. Different cultures have different preferences. Sodomy parades, doper rallies, turd world invader riots, porous borders, mocking of Christianity, tranny tyranny, woke mental disease, cultural Marxism etc are not everyone’s idea of freedom.

    Liberation of Ukraine from fascists with bioweapons labs, ethnic cleansers of Russian majority areas, coup of 2014 junta, NATO agents etc is not aggression, it’s defense of civilization. The corrupt Ukrainian fascist coup regime is the aggressor.

    Moral bankruptcy is surrender to multiculti heresy, globaloney, replacement and depopulation agenda, Luciferian illuminati, synagogue of Satan, Islamic jihad, cultural Marxism, Fabian socialism, elite depravity, ritual child molestation, engineered pandemics, and the rest of the evildoers.

    Trump will save America. Those who oppose him are enemies of America, enemies of peace, enemies of freedom, and enemies of God.

  50. Gene Berkman admits voting for Marxists Gary Johnson Bill Weld and Jo Jorgensen. Yep he’s a retard.

  54. Gene Berkman is very confused, or perhaps trying to confuse others. If the latter, he’s not very good at it. My farm is family owned, as it should be. I don’t like collective farms or collectivism.

    Putin is not a Marxist. He worked for the soviet government when he was a young man, as did everyone else in the country at the time. He made some much misinterpreted comments lamenting the fall of the USSR, but that was only in terms of national greatness and the loss of territory, influence, and superpower status. He has made much more extensive speeches and published many writings which are not difficult to find online which make it clear that his political views are what can be described as populist national capitalist, Orthodox Christian conservative, and pan-nationalist, not Marxist.

    Just the fact that Putin has led the greatest Christian revival in history should tell you he is not a Marxist. Marxism preaches that religion is the opium of the masses and the USSR was aggressively atheist, knocking down or shuttering many churches, taking God out of schools, and ostracizing believers to the point that most Christians had to worship in secret. Putin has made Christianity the center of public life, far more than in the morally declining west.

  55. Trump isn’t anyone’s dupe, unlike Quisling Biden. He’s smarter than the alleged intellectual intelligentsia that looks down their snooty noses at him. He shocked all of them by his meteoric rise and tenacious survival against all predictions and adversity in business, entertainment, and politics. None of them gave him a chance in 2016, even on election night itself.

    He was hugely successful as President, despite everything the derp state and fake news threw at him, including but in no ways limited to the Russia hoax which Berkman laughably continues to perpetuate even now, multiple phony investigations and impeachments without substance, disloyal people throughout government (admittedly, including people he shouldn’t have appointed, all the way up to the VP), women with lying accusations…None of it stuck.

    We had 4 years of unprecedented prosperity and peace despite all that, until our communist Chinese enemies and fascist American collaborators like Fauci and Biden cooked up a phony plandemic around a biowarfare virus they vastly exaggerated the danger of to help them wreck the economy and steal the election. I’ll disagree with Fred slightly; Trump was the most libertarian President since Andrew Jackson.

    Biden has been a disaster as President, and Trump is running again with even the biased polls showing he’s poised to win next year. So, the enemies of America and freedom are cooking up more Wiley coyote schemes to take down Trump, from the phony indictments and kangaroo courts to no lube, the 14-3 nonsense, and more. All of it will fail spectacularly, and Trump will win by a landslide too big for them to cheat out of. Trump will save America and save Christian European civilization, along with Putin, Milei, and others like them.

  57. Trump and Putin are standing up to the population replacement and depopulation agendas of the Luciferian globalist child molesting establishment. That’s why Berkman hates them.

  58. Berkman is allegedly libertarian, but he’s ever Johnny on the spot to promote the globalist elitist agenda to create a totalitarian prison planet. He supports the Ukrainian Nazi Satanists who were on the verge of unleashing the next “pandemic” from their bioweapons labs when they were stopped just in the nick of time by the special operation against their ethnic cleansing of historically Russian areas. He supports the derp state – fake news axis of evil attacks against President Trump and the movement to save America.

    Chances are high that he supports the poison being peddled as “covid vaccines” and pretty high that he bought into the whole scademic nonsense and shilled for the totalitarian propaganda operation.

    I’m betting he’s probably an enthusiastic supporter of globalist open borders to bring in cartels, terrorists, poisonous drugs, gangs, organized crime, welfare leeches, and most importantly future voters for Marxism on the installment plan.

    I’m sure he’s enthusiastically cheering on the globalist plans to destroy the family, promote mentally ill “trans” child mutilation and molestation, mix and blend the races to create a pliant engineered mixed race of compliant slaves, sacrifice children to Lucifer through abortion, soften the way for a Luciferian world religion by multiculti, open borders, forced integration, forced secularization, and eventually erase borders altogether so we can live under a turd world style government with turd world values.

    There’s a good chance Berkman buys into the lying globalist “climate change” BS, the latest excuse for accelerating conversion to communism and the not so secret plans to sacrifice 90% plus of humanity to Satan in the name of environmental protection.

    The end result of this would be a totalitarian panopticon global government with a global Luciferian religion governing a blended race of slaves taken from mothers at birth, thoroughly drugged and brainwashed, unarmed, monitored in ways 1984 couldn’t even contemplate, stripped of all social structures outside of government, not given any accurate knowledge of history or tools for independent thought.

    There’s nothing whatsoever libertarian about the world the globalists want to create. So why are “libertarians” like Berkman so enthusiastically and consistently carrying their water?

  59. Calabresi is wrong about J6 being an insurrection (and about Trump having sanctioned it), but Berkman either didn’t read or wants to pretend not to have read his full explanation of why a President is not an officer under the united States. Others here can read that for themselves.

  60. It’s been shown that Marxists and the federal government have had infiltrators in the ranks, and leadership, of the libertarians since they were first organized.

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