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☆ 14th Amendment: Illinois election board hears objection to Trump candidacy based on January 6 insurrection
▼ + stars: | 2024-01-26 | by ( Marshall Cohen | ) edition.cnn.com time to read: +4 min

CNN —A retired judge hired by the Illinois State Board of Elections held a hearing Friday on whether the 14th Amendment’s “insurrectionist ban” applies to former President Donald Trump. Retired Illinois judge Clark Erickson presided over the roughly two-hour hearing in Chicago on Friday. The Illinois State Board of Elections, which is expected to vote Tuesday on whether to accept Erickson’s recommendation in the Trump case, is a bipartisan panel with four Democrats and four Republicans. Their decision can be appealed in Illinois state courts. At its Tuesday meeting, the election board is also slated to vote on a 14th Amendment challenge lodged against President Joe Biden by a group of conservative activists.

Persons: CNN —, “, Donald Trump, Clark Erickson, Matthew Piers, Trump, Piers, ” Piers, ’, ” Trump, Scott Gessler, President Trump, ” Gessler, ” Erickson, Joe Biden, Biden “, Biden Organizations: CNN, Illinois State, Trump, Capitol, ”, Republican, GOP, Illinois, United, Democratic Locations: Illinois, Colorado, Maine, Chicago, Michigan , Minnesota, Kankakee, United States, Mexico

☆ The conservative legal world lines up behind Donald Trump at the Supreme Court
▼ + stars: | 2024-01-26 | by ( Joan Biskupic | ) edition.cnn.com time to read: +9 min

CNN —As Donald Trump wages a Supreme Court battle to stay on state presidential ballots, a potent contingent of the conservative legal world has united behind him. The new filings in the case of Trump v. Anderson also reinforce the tight world of Supreme Court lawyering. From the start, the Colorado voters trying to keep Trump off the ballot, and who won at the state Supreme Court level, have been represented by former US Supreme Court clerks who’ve become prominent advocates. In this screengrab from video, Jonathan Mitchell speaks during a panel on Supreme Court Justice Antonin Scalia's legacy in April 2016. A decision could come any day, and when that happens, the case of United States v. Trump would, no doubt, return to the justices.

Persons: Donald Trump, Jonathan Mitchell, Roe, Wade, Elena Kagan, Trump, who’ve, Noel Francisco, George W, Bush, John Yoo, Antonin Scalia, Clarence Thomas, Anderson, Mitchell, Thomas, Scalia, Jason Murray, Justice Kagan, Eric Olson, Sean Grimsley, John Paul Stevens, Sandra Day O’Connor, Joe Biden, “, United States …, ” Mitchell, United States ’, ”, Francisco, William Barr, Michael Mukasey, Edwin Meese, Trump’s, Antonin Scalia's, Scott Gessler, Jack Smith Organizations: CNN, Republican National Committee, GOP, Trump, Colorado, White, Colorado Supreme, Capitol, Confederate, United, National Republican, University of Chicago, Supreme, SPAN, Republican, Dhillon Locations: Texas, Colorado, United States

☆ Trump ‘engaged in an insurrection,’ judge says, but should remain on Colorado ballot
▼ + stars: | 2023-11-17 | by ( Marshall Cohen | ) edition.cnn.com time to read: +10 min

CNN —A Colorado judge has ruled that former President Donald Trump “engaged in an insurrection” on January 6, 2021, but rejected an attempt to remove him from the state’s 2024 primary ballot, finding that the 14th Amendment’s “insurrectionist ban” doesn’t apply to presidents. ‘Trump engaged in an insurrection’In her ruling, Wallace agreed with almost everything that the challengers argued, except on the critical question of whether a president can be disqualified by the 14th Amendment. The group said it would file an appeal “shortly” to the Colorado Supreme Court, and hailed Wallace’s finding that Trump engaged in insurrection. “We’re respectful that the judge made the right decision,” Gessler said on “The Source.” “I understand she threw a lot of shade on President Trump, and we’re not happy about that. “It says Trump engaged in insurrection but can appear on the ballot anyway.

Persons: Donald Trump “, “, Sarah Wallace, ” Wallace, “ Trump, Trump, Biden’s, Wallace, ’, ”, ‘ Trump, Joe Biden, today’s, ” Trump, Steven Cheung, Donald J, Noah Bookbinder, State Jena Griswold, CNN’s Erin Burnett, ” Griswold, Scott Gessler, CNN’s Kaitlan Collins, ” Gessler, we’re, Derek Muller, Muller, Sean Grimsley, ” Grimsley, didn’t, patriotically ’, Gerard Magliocca, United States … Organizations: CNN, Colorado, Trump, Republican, Capitol, Electoral, US, GOP, Colorado Supreme, Colorado Supreme Court, State, Notre Dame Law School, Capitol Police, National Guard, pitchfork, Indiana University, Union, United Locations: Colorado, Minnesota, Michigan, United States, Washington, New Mexico

Did it target those who simply exercised free speech to support unpopular causes or only those who took up arms? “If they don’t like President Trump, they need to get involved in an election,” Gessler said after the first day. “We are here because Trump claims, after all that, that he has the right to be president again,” attorney Eric Olson said. Trump is so far dominating the Republican presidential primary, and the lawsuits to block him were organized by two separate liberal groups. Wallace said she didn’t recall the donation until the motion was filed and has no preconceptions about the legal issues in the case.

Persons: “, Mike Pence, Donald Trump, Trump, —, ”, Scott Gessler, Trump’s, Eugene Debs —, ” Gessler, Joe Biden’s, Eric Olson, Sarah B, Wallace, Jared Polis Organizations: DENVER, U.S . Capitol, Minnesota Supreme, U.S, Supreme, Republican, Colorado voters, Colorado, Gov Locations: Colorado, U.S ., Minnesota

☆ What to know about Day 2 of the Trump disqualification trial in Colorado
▼ + stars: | 2023-10-31 | by ( Marshall Cohen | ) edition.cnn.com time to read: +6 min

While the trial played out in Colorado, Trump filed a lawsuit to shut down a similar case in Michigan. The 14th Amendment says US officials who take an oath to uphold the Constitution are disqualified from office if they “engaged in insurrection” or aided the country’s enemies. Then, fighting would be understood as requiring violent action.”The relationship between Trump and far-right extremists is “unprecedented,” Simi said. 14th Amendment scholar to testify nextThe anti-Trump challengers said they’ll feature additional expert testimony from one of the preeminent scholars on the history of the 14th Amendment, Gerard Magliocca. “Despite President Trump’s tremendous popularity, there are people who want to deny Michigan voters the opportunity to express their choice by voting for him,” Trump’s lawyers wrote.

Persons: Donald Trump, Trump, ’, Peter Simi, ” Simi, Simi, Eric Olson, ’ Trump, Scott Gessler, Joe Biden, Biden, Kamala Harris, Hillary Clinton, Chuck Schumer, Nancy Pelosi, Sen, Bernie Sanders, Elizabeth Warren, Pete Buttigieg, Jamie Raskin, Gerard Magliocca, Marjorie Taylor Greene, isn’t, Troy Nehls, “, ” Trump, Jocelyn Benson, Benson doesn’t, Trump’s, ”, CNN’s Devan Cole, Avery Lotz Organizations: CNN, Trump, Chapman University, Colorado, Capitol, Simi, Transportation, GOP Rep, Trump isn’t, Texas Rep, Michigan, ” CNN, People Locations: Colorado, Michigan, Minnesota, Marjorie Taylor Greene of Georgia

☆ Takeaways from Day 1 of the Trump disqualification trial in Colorado
▼ + stars: | 2023-10-30 | by ( Marshall Cohen | Devan Cole | ) edition.cnn.com time to read: +9 min

Trump lawyer blasts ‘fringe’ lawsuitTrump lawyer Scott Gessler, a former Colorado secretary of state, blasted the proceedings and said the case was “weak,” “anti-democratic” and relied on “fringe” theories. He urged Colorado District Judge Sarah Wallace to not “interfere” with the 2024 election removing Trump from the ballot. Congressman describes ‘haunting’ Jan. 6 experienceTestifying for the anti-Trump challengers, Swalwell described the “haunting” experience of sheltering in the House chamber on January 6 while the right-wing mob surrounded the area. A California Democrat and fiery Trump critic, Swalwell described how he realized in real time that Trump was endangering him and his colleagues by directing his supporters to go to the Capitol. Colorado election official looks for guidanceOutside of court, Colorado Secretary of State Jena Griswold said Monday on CNN that she hopes the trial will provide guidance on Trump’s eligibility for the ballot.

Persons: Donald Trump, Eric Swalwell, Trump, ’, ”, Eric Olson, “, Olson, Trump “, ” Olson, Scott Gessler, Sarah Wallace, ” Gessler, Swalwell, ” Swalwell, Ruben Gallego, …, State Jena Griswold, “ We’ve, disqualifies, ” Griswold, Griswold, Sean Grimsley, Trump’s, CNN’s Avery Lotz, Andi Babineau Organizations: CNN, US Capitol Police, Trump, GOP, Republican, Capitol, ”, Colorado, California Democrat, Electoral, Rep, Arizona Democrat, Marine, State, CNN News Central, House Locations: Colorado, Denver, insurrectionists, Washington, United States, America, California, Arizona

☆ Efforts to Invoke Insurrection Clause Against Trump Get Their Day In Court
▼ + stars: | 2023-10-29 | by ( Lauren Camera | ) www.usnews.com time to read: +9 min

Legal experts have sparred over whether the constitutional clause applies to Trump, and even those who say it’s a legitimate challenge acknowledge that it’s a long shot. Undoubtedly, the proceedings will explore in depth whether the Jan. 6 riot was indeed an insurrection and the degree to which Trump fomented it. Trump took an oath as president pursuant to Article II, not as an officer pursuant to Article VI. Because the Insurrection Clause applies only to those who have taken an oath ‘as an officer of the United States,’ he can’t be barred by that clause from serving in any capacity,” Mukasey wrote. The losing side can – and is widely expected to – challenge the ruling at the Colorado Supreme Court and the U.S. Supreme Court.

Persons: Donald Trump, Trump, –, ” Mario Nicolais, ”, Scott Gessler, He’s, Jack Smith, Fani Willis, William Baude, Michael Paulsen, Baude, Paulsen, Michael Mukasey, “, ” Mukasey, John Roberts, Mr Organizations: Capitol, Citizens, GOP, Republican Party, Arizona Trump, Constitution, D.C, Trump, University of Pennsylvania, Street Journal, United, Colorado Supreme Court, U.S, Supreme Locations: United States, Colorado, Minnesota, Denver, Washington, Michigan , New Hampshire , New Jersey, Arizona, U.S, Georgia’s Fulton County

Scott Gessler, a former Colorado secretary of state representing Trump in the case, opposed it. He said a protective order was unnecessary because threats and intimidation already are prohibited by law. The issue is expected to reach the U.S. Supreme Court, which has never ruled on the insurrection provision in section three of the 14th Amendment. A parallel case in Minnesota filed by another well-financed liberal group is scheduled to be heard by that state's supreme court on Nov. 2. Sean Grimsley, an attorney for the plaintiffs in the case, proposed the protective order in court Friday.

Persons: Donald Trump, —, Sarah B, Wallace, Scott Gessler, Trump, Gessler, ”, “, Sean Grimsley, Jack Smith, Grimsley Organizations: DENVER, Trump, U.S, U.S . Constitution, Capitol, Supreme, Colorado Supreme Locations: The Colorado, Colorado, Washington, U.S ., Minnesota

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