A trial is unfolding in Colorado over whether Donald Trump can be on the 2024 ballot after claims that he has violated the 14th Amendment, which states that nobody who takes part in an insurrection can hold public office. On Tuesday, he sued another state in an effort to kill the same argument.
Bridge Michigan reported Trump's attorneys are suing Secretary of State Jocelyn Benson to ensure he remains on that ballot.
According to a Sept. 29 complaint from a group called Free Speech for the People, Trump "incited" an angry mob of supporters to a "violent insurrection" on Jan. 6, 2021, in an effort to stop the certification of the 2020 election.
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Trump's countersuit claims that the 14th Amendment does not apply to the president or candidates and requires Congress to decide how it is enforced. A judge in New Hampshire agreed with that argument earlier this month and threw out a 14th Amendment claim in that state.
When the president, vice president, members of Congress, the Senate, or the judiciary are sworn into office they are required to say that they will uphold the Constitution, which includes the 14th Amendment.
The Trump attorney, Lansing-based attorney David Kallman, goes on to say that Jan. 6 was not a "riot" and doesn't fall under the description of an "insurrection" as outlined in the 14th Amendment. An insurrection is defined by the Oxford English Dictionary as "a violent uprising against an authority or government." A riot, by contrast, is defined as "a violent disturbance of the peace by a crowd."
Benson has already said publicly she wouldn't keep Trump from the ballot unless a court tells her she must do so.
"Michigan Election Law does not empower the Secretary of State to unilaterally determine a presidential candidate ineligible for the presidential primary or general election" because of the 14th Amendment's insurrection clause, Benson's office said in an Oct. 16 court filing.
"Court of Claims Judge Robert Redford denied Trump's requests, largely on technical grounds, but suggested the former president file a separate complaint to be consolidated with those suits ahead of oral arguments scheduled for Nov. 6," said the report.
Several 14th Amendment claims against Trump have been filed around the country. The ongoing Colorado case is the first to go to trial.
The 14th Amendment was used to prohibit a New Mexico Republican from holding office, but failed to stop Rep. Marjorie Taylor Greene (R-GA) from being on the ballot. Harvard constitutional law professor claimed last year that Taylor confessed to the crime.
