'Made-up procedure' dooms Colorado court's decision to toss Trump from ballot: CNN expert

A CNN legal expert on Wednesday blew apart Colorado Supreme Court’s historic decision that threw Donald Trump off the state’s ballot — and effectively accusing the justices of making up the rules as it went along.

“What Colorado did is, they sort of made up this procedure,” said former federal prosecutor Elie Honig.

“They had this quasi-hearing over five days and now the Supreme Court of Colorado, by a 4-3 margin, is saying, ‘Good enough, he’s out.'"

“That is a violation of due process and that is why I think this ruling from the Colorado Supreme Court of Colorado is going to be struck down by the U.S. Supreme Court.”

The court on Tuesday ruled that Trump was involved in an insurrection on January 6, 2020 and, therefore, his name can’t appear on the state’s presidential ballot next year.

It followed legal action by the watchdog group Citizens for Responsibility and Ethics in Washington, which challenged Trump's eligibility under the 14th Amendment's ban on insurrections from holding elected office.

Trump's campaign has vowed to appeal the decision.

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And Honig said there was no chance the decision would stand because the 14th Amendment clearly says rules governing it had to be set by Congress — and that had not been done.

“Even if we take it as a given, that Donald Trump engaged in an insurrection, and I'm willing to sign onto that, given all the facts, I think quite clearly we still don't know, even as we sit here now, we don't know how this works, we don't know who gets to decide whether a person engaged in insurrection, we didn't know 100 years ago, we didn't know yesterday, we don't know now."

“The problem is, the constitution tells us how we're supposed to know, the 14th amendment says section 5, Congress is supposed to pass laws telling us how this works. Congress has not done that."

Watch the video below or at this link.