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« Wednesday Morning Rant | Main | Now A Federal Appeals Court Affirms the Lower Court Ruling: The Federal Government May Not Tear Down Texas' Razor-Wire Barrier »
December 20, 2023

Colorado Court Punishes Trump's Purported Interference In An Election By Themselves Interfering In An Election

The Bee:

coloradoinsurrection.jpg


Trump's "crime" was using what were arguably legal processes to challenge an election, and for calling for people to "fight" for a win.

The left is seriously now claiming that calls to "fight" are "insurrection."

But only for Republicans, of course.

When Kamala Harris declares that BLM to "should not stop" their riots, but should continue them through the election, that's perfectly legal, of course.

That's not insurrectionary at all!

And of course Saint Sodomy Barack Obama called for "hit[ting] them [Republicans] twice as hard."

The Colorado Supreme Court says that's "insurrection" -- and then uses their own highly-disputable legal processes to rig an election.

This ruling is stayed until January 4th. If Trump appeals to the Supreme Court, which he of course will, they will stay this indefinitely, until the Court rules.

And the Court will rule against this madness. Otherwise, they might as well declare a Civil War themselves.


Colorado Ruling Knocks Trump Off Ballot: What It Means, What Happens Next

The challengers who sought to disqualify Donald J. Trump prevailed on every legal issue, but the case is almost certainly headed for the Supreme Court, where they would have to do so again.

They "prevailed on every legal issue," which is highly unusual, because they had to to arrive at this ruling, and they decided beforehand they would arrive at this ruling. After that, it was just check-boxing all the sub-rulings they had to make to get there.

The Colorado voters who sought to disqualify Donald J. Trump from the state's 2024 Republican primary ballot ran the table on eight distinct legal issues on Tuesday night. To ultimately keep him off the ballot, though, they almost certainly will have to do so again -- in the U.S. Supreme Court.

In a 4-to-3 decision that set off a political and legal earthquake, the Colorado Supreme Court on Tuesday said that Mr. Trump had engaged in insurrection and therefore was barred by the 14th Amendment from holding federal office.

"This is a major and extraordinary holding from a state supreme court," Derek Muller, a law professor at the University of Notre Dame, wrote on the Election Law Blog. "Never in history has a presidential candidate been excluded from the ballot under Section 3 of the Fourteenth Amendment. United States Supreme Court review seems inevitable, and it exerts major pressure on the court."

The Insurrectionist Left is inventing lots of new, unprecedented "law" to disqualify opponents they don't like.

The majority on Tuesday said every key legal issue came out against Mr. Trump. "The sum of these parts is this: President Trump is disqualified from holding the office of president," the majority said in an unsigned opinion, saying that his efforts to overturn the 2020 election results amounted to engaging in an insurrection and that Section 3 of the 14th Amendment, ratified after the Civil War, bars insurrectionists from federal office, including the presidency.

The majority added: "We do not reach these conclusions lightly. We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach."

There has never been a criminal finding that Trump engaged in "insurrection," an absolute prerequisite for this finding. So this "court," in a civil case with a mere preponderance-of-the-evidence standard, decides, "Oh, well we think it was insurrection, even though no prosecutor has even alleged that and no other court has determined that, and so we'll make this decision entirely on our own."

Viva Frei has a cynical theory: The Colorado Supreme Court knows this decision is lawless and will not stand. But they intend to infuriate MAGA supporters into committing violence, so that they can then use that violence retroactively to justify the exclusion of Trump from the ballot for the "safety of the Republic."

So, be smart.

Joe Mannix disagrees:

I don't think so. I think it's about providing a model for states that matter. Colorado does not matter. It will not go to a Republican in the general election, no matter what. It's a rotten state with cheat-by-mail and ballot harvesting. That outcome is known and so this doesn't matter as far as how Colorado goes in the election.

But somebody needs to blaze a trail for states like Wisconsin, and you can be sure they will look at what SCOTUS does very closely. If SCOTUS doesn't bat this down, then it's all clear for swing states to do it. If SCOTUS does, they'll trial it in another state (or in CO again) with a tweak to the methodology.

Posted by: Joe Mannix (Not a cop!)

Yeah, I think Frei's theory is too convoluted and I think Mannix i right.

But still: Be smart anyway. Because whether they intended the Kafka Trap or not, they are waiting to spring the Kafka Trap.



digg this
posted by Disinformation Expert Ace at 12:12 PM

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