'Everyone agrees': Expert points out rare tactic in rush to appeal Trump's ballot ban

Donald Trump’s camp has reached a rare agreement with his opponents in court as they battle to figure out if the former president should be kicked off Colorado’s ballot, a CNN legal expert said Thursday.

While Trump is usually squabbling with his accusers in court — and has embraced a delay tactic throughout all of his legal wrangles — he and Colorado’s secretary of state are both pushing for the same thing.

Both sides want the case to get in front of the U.S. Supreme Court as fast as possible, said the network’s senior legal analyst Elie Honig.

The agreement isn’t just rare from Trump, he said. It’s unusual in any court appeal.

“It’s an interesting factor,” he said.

“Usually the side that loses goes to the Supreme Court asking for the Supreme Court to take the case. Usually, the side that won below says no, you should not take the case because if they don't, whoever wins below, they win."

“We see most of the people on both sides asking the Supreme Court formally, on the record, saying yes, you should take it."

"Whatever the disagreements have been and certainly will be, between the sides, everyone agrees on both sides of this. The Supreme Court has to take this. And I think everyone agrees they have to take it quickly. We're under deadlines here almost day by day."

Trump was kicked off the Colorado ballot last month under the Constitution’s 14th Amendment, which rules anybody who takes part in an insurrection against the U.S. is not eligible for public office. He was also booted off the Maine ballot last week under the same clause.

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The Colorado case will go before the Supreme Court, while the Maine one needs to go through the state court system first.

Pushing for a fast resolution is a new tactic for Trump, Honig said.

“It’s a different posture from Trump's legal team that wants everything delayed and pushed as far as possible,” he said.

He added that the Supreme Court will take it as established fact that Trump took part in an insurrection because that has been determined in a lower court. Instead, the justices will focus on the procedural aspects of the case — mainly if the 14th Amendment decision is one states can make, or if it must be made by Congress.

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