Friday, November 3, 2023

On Friday, we wrapped up our weeklong trial where we are challenging Donald Trump’s qualification for the ballot in Colorado under the 14th Amendment. 

Over past week, we heard from two law enforcement officers who defended the Capitol on January 6th, two members of Congress, an attendee and organizers of the January 6th rally, an expert on Section 3 of the 14th Amendment, a staff member from the Colorado secretary of state’s office, an advisor to Trump, and an expert on right wing extremism.

On Friday, to wrap up the trial, Trump’s legal team called a law professor with experience in historical analysis and we called the top investigator for the January 6th Committee. 

We expect to make closing arguments on November 15th and have a decision in the case by Thanksgiving. 

Witnesses Called by Defendants

  • Robert Delahunty, a retired law professor and fellow at the Claremont Institute

Witnesses Called by Plaintiffs

  • Timothy Heaphy, former U.S. Attorney and chief investigator for the January 6th Committee

Key Moments

“‘What really needs to be explicated is not the plain vanilla meaning of insurrection but the whole phrase – insurrection against the United States Constitution,’ Delahunty testified on Friday. The lawyers seeking to disqualify Trump in Colorado noted that even the former president’s own attorney in his impeachment trial for the Jan. 6 attack described it as an insurrection.” — The Associated Press

“[Delahunty] said he’s not aware of any case law or a direct definition of what it means to engage in an insurrection against the constitution. He said it’s a phrase that’s opaque. ‘There’s just inadequate guidance as far as I can tell from the relevant sources.’” — Colorado Public Radio

“In his testimony on Wednesday, Magliocca cited multiple definitions of ‘engaging in insurrection’ that were detailed in legal opinions from the 1860s, including any ‘overt and voluntary act, done with the intent of aiding or furthering’ an insurrection, as well as an act ‘by speech or by writing (that) incited others to engage in rebellion.’ But Delahunty, while conceding that some of those opinions were ‘certainly good evidence’ for the plaintiffs’ interpretation, said his interpretation of the historical record differed from Magliocca’s. ‘I think “engage in insurrection” has a more restricted meaning than he supposes,’ Delahunty said.” — Colorado Newsline

Livestream

C-SPAN aired today’s portion of the trial in full, which you can watch here.

Selected News Coverage

 

Thursday, November 2, 2023

Our trial in Colorado challenging Donald Trump’s eligibility for the ballot continued on Thursday with more testimony from the defense. Witnesses called by Trump’s team described the “Stop the Steal” rallies leading up to and on January 6th, and claimed the crowd was overwhelmingly “peaceful” and “patriotic.” 

The defense also called other witnesses who went to the rally but did not engage in violence. It also called Representative Ken Buck who revealed that he wanted to participate in the January 6th Committee, but then-Speaker Kevin McCarthy would not allow him to. 

Friday will be the last day of witness testimony in the trial. Next week, we have a deadline to file proposed factual and legal findings, and then we expect to make closing arguments the following week.

Witnesses Called by Defendants

  • Amy Kremer, founder of Women for America First, a pro-Trump group that organized “Stop the Steal” bus tours, ending in Washington DC on January 6th
  • Thomas Van Flein, general counsel and chief of staff to Congressman Paul Gosar 
  • Tom Bjorklund, treasurer of the Colorado Republican Party who testified as a private citizen and attendee of the January 6th rally
  • Representative Ken Buck

Key Moments

“Amy Kremer, an organizer of the Jan. 6 rally on the Ellipse, called the rally attendees ‘freedom-loving citizens’ and ‘happy warriors,’ and said she had seen no indication of violence or violent intent while Mr. Trump was speaking. Under cross-examination, she acknowledged that she had been inside the area that required magnetometer scans, and that she would not have seen anything that happened outside that area.” — The New York Times

“[Kremer] maintained that people were ‘happy’ and ‘full of love.’ Van Flein made similar comments during his testimony. ‘It was more like a festival than a rally,’ Van Flein said. ‘There was no anger.’ During cross examination, lawyers for the plaintiffs drew attention to the fact that both witnesses were unable to view everyone in attendance at the rally, nor did they know who everyone was. Reports and testimony delivered after Jan. 6 indicate that far-right militia groups attended the rally, where weapons were also present.” — The Messenger

“Bjorklund says he joined his brother there and the pair intended to also go camping. It was his first ever visit to Washington D.C. ‘Everybody was just there having a good time, listening to speeches.’ He says Trump was funny and very entertaining.” — Colorado Public Radio

“Buck described a chaotic scene on Jan. 6 as Capitol Police attempted to barricade the House chamber from approaching rioters. ‘A police officer came to the microphone and said that tear gas had been dispersed. And we were advised that there were gas masks under our seats and we should deploy those gas masks,’ Buck said. ‘There was clear indication that there was a danger at that point.’” — The Hill

Livestream

C-SPAN aired Thursday’s portion of the trial in full, which you can watch here.

Selected News Coverage

 

Wednesday, November 1, 2023

We’re more than halfway done with the evidentiary hearing making the case in court that Donald Trump is disqualified from the Colorado ballot for inciting insurrection.

On Wednesday, we called two of our last witnesses who testified about the history of Section 3 of the 14th Amendment and how the secretary of state’s office determines eligibility for the Colorado ballot. One final witness of ours will testify on Friday. 

After our witnesses testified, Trump’s attorneys asked the judge to throw out our lawsuit rather than having the case proceed by presenting their evidence. The judge dismissed their motion and said she was not yet prepared to decide on “significant legal issues, many of which have never been decided by any court.” Trump’s attorneys then called their first witnesses to make their case that Trump should be allowed on the ballot.

Witnesses Called by Plaintiffs

  • Professor Gerard N. Magliocca, of Indiana University McKinney School of Law served as an expert witness on the history and meaning of Section 3 of the 14th Amendment of the Constitution 
  • Hilary Rudy, the Deputy Director of Elections for the Colorado secretary of state’s office testified about the process for certifying candidates for the ballot in Colorado and precedent for barring ineligible candidates 

Witnesses Called by Defendants

  • Kash Patel, senior national security advisor to Donald Trump and former Trump administration official
  • Katrina Pierson, former spokesperson for Trump who helped organize the rally at the Ellipse on January 6th, 2021

Key Moments

“Magliocca said the historic record for the clause also includes judicial opinions and writings from U.S. Attorney General Henry Stanbery, who in 1867 was tasked with interpreting the military reconstruction acts of Congress. ‘Insurrection was understood broadly to include any voluntary act in furtherance of an insurrection against the Constitution, including words of incitement.’” — Colorado Public Radio

“Federal prosecutors, military occupation officials, state courts and Congress itself used [Section Three] to remove or bar from office large numbers of ex-Confederate legislators, judges and executive-branch officials. ‘It was not intended as punishment,’ Magliocca said in testimony Wednesday. ‘This was simply adding another qualification because of the events that had occurred.’” — Colorado Newsline

“Plaintiffs also called on a second expert witness Wednesday, Deputy Director of the Colorado Secretary of State Office Hilary Rudy, about the office’s role in potentially taking Trump off the presidential ballot. ‘It is the secretary’s position that if we have affirmative knowledge that a candidate is ineligible for office then we will not certify them to the ballot,’ Rudy said.” — The Hill

Livestream

C-SPAN aired today’s portion of the trial in full, which you can watch here.

Selected News Coverage

 

Tuesday, October 31, 2023

Our trial in Colorado continued Tuesday, with more testimony from our witnesses. Monday’s testimony focused on the events of January 6th, and the impact of the insurrection on those who were present on that day, from the law enforcement officers who fought to protect the Capitol to the members of Congress who were violently delayed in certifying the results of the 2020 election. 

Tuesday’s witness testimony focused on right wing extremism, political violence, national security, Donald Trump and January 6th. 

Witnesses

  • Professor Peter Simi, of Chapman University, served as an expert witness focused on right wing extremism, communications techniques of extremists, and how Trump’s calls for violence mobilized extremists groups leading up to and on January 6th. 
  • Professor William Banks, a professor of law and public administration and international affairs at Syracuse University, explained the many tools available to Trump to quell the violence on January 6th. 

Key Moments

“Simi spent the morning going over specific tweets and interviews that Trump delivered leading up to Jan. 6th and arguing there is a shared language between Trump and far right extremists. He said far right extremists were galvanized, energized and mobilized by Trump’s call for them to be there on Jan. 6th, especially his now-infamous tweet urging ‘Be there, will be wild!’…‘I’ve never seen anything in recent history like this,’ Simi said of Trump’s language that he believes encouraged and inspired people to engage in violence.” — Colorado Public Radio

“[Simi] testified that in the months after President Joe Biden won the 2020 election, Trump led an effort to influence violent extremist groups that ‘ultimately resulted in the attack on the Capitol.’ Simi, who said he’d conducted hundreds of interviews with members of extremist groups while researching their communication patterns, pointed to repeated references to ‘1776’ by Trump supporters in the lead-up to Jan. 6. Those references, Simi said, were ‘a violent call for revolution’ and an example of the ‘doublespeak’ that extremist groups and their allies use to urge violence while maintaining deniability.” — Colorado Newsline

“Banks said Trump should have acted swiftly that day when violence was occuring.

‘He should respond to his constitutional responsibilities to protect the national security of the United States when there’s an assault on our democratic process.’ He also said Trump could have declared a state of emergency.” — Colorado Public Radio

Livestream

C-SPAN aired Tuesday’s portion of the trial in full, which you can watch here.

Selected News Coverage

 

Monday, October 30, 2023

On Monday, our 14th Amendment evidentiary hearing kicked off in Colorado. We’re making the case in court this week that Donald Trump is constitutionally ineligible for the ballot on behalf of six Republican and unaffiliated Colorado voters. 

The trial began with the judge rejecting the Trump team’s motion for her recusal, just as she denied several other motions to dismiss and stay the case over the last few weeks. As Reuters reported “Colorado District Court Judge Sarah Wallace has denied five separate bids by Trump and his allies to dismiss the case.” The Washington Examiner noted that in the final denial of Trump’s motions to dismiss and stay the case on Friday, the Court cast doubt on the Trump team’s argument that ballot eligibility should be up to Congress, quoting the judge’s ruling that “it would be strange for Congress to be the only entity that is empowered to determine the disability and then also the entity that is empowered to remove it.”

Our co-counsel, former Colorado Solicitor General Eric Olson, made an opening statement explaining that the mob came perilously close to succeeding in it’s aims on January 6th—coming within 40 feet of Mike Pence—and that Trump was the one who summoned and organized that mob, incited the mob, called for violence and failed to use his immense power to call them off for over three hours. 

We then laid out what we plan to prove over the course of the trial:

  1. Trump took an oath as an officer of the United States
  2. January 6th was an insurrection against the Constitution
  3. Trump engaged in that insurrection
  4. The Secretary of State can enforce constitutional disqualification and has done so in the past

Trump’s attorneys then responded with their opening statement arguing that Trump was actually calling for peace and highlighting the unprecedented nature of this trial. The Colorado Republican Party also submitted that it has a right to select its own candidates and then the Colorado Secretary of State’s office said that they welcome guidance from the court and will abide by any decision. We then called our first three witnesses, and presented evidentiary photos and video from the January 6th insurrection. 

Witnesses

  • DC Metropolitan Police Officer Daniel (Danny) Hodges
  • Representative Eric Swalwell
  • Former US Capitol Police Officer Winston Pingeon

Key Moments

“Attorney Eric Olson recounted Trump’s violent rhetoric preceding the Jan. 6 attack and his encouraging a crowd that came within ‘40 feet’ of the vice president when it stormed the Capitol. He said Trump ‘summoned and organized the mob.’ ‘We are here because Trump claims, after all that, that he has the right to be president again,’ Olson said. ‘But our Constitution, the shared charter of our nation, says he cannot do so.’ — Associated Press

“Throughout his testimony, Hodges detailed being punched, kicked, beaten and sprayed with chemical irritants by rioters and reacted to body camera footage from throughout the day. One individual attempted to gouge his eye out with Hodges’ own riot baton. ‘I was afraid for my life and for that of my colleagues,’ Hodges said, later adding that his platoon was ‘completely outnumbered’ by rioters.” — The Messenger

“Swalwell choked up at times as he recounted his experiences on the House floor during the attack. He described being alerted to the gas masks stored under lawmakers’ desks, listening to a chaplain’s prayer and texting his wife as he began to fear for his safety before he and his colleagues were evacuated from the chamber. ‘We could hear the pounding on those doors and the shouting of the rioters outside,’ Swalwell said. ‘It was haunting.’” — Colorado Newsline

Livestream

C-SPAN aired Monday’s portion of the trial in full, which you can watch here.

Selected News Coverage

 

Credit: CREW illustration | Insurrection photo by Evelyn Hockstein/Getty Images | Trump photo by Gage Skidmore under a Creative Commons license (edited)