Published January 5, 2024
A judge in Wyoming has rejected a motion calling for former President Donald Trump to be removed from the state’s 2024 presidential ballot over the left’s claim that he ran afoul of the 14th Amendment to the U.S. Constitution.
In her order Thursday, Albany County District Judge Misha Westby dismissed the claim without prejudice, according to Newsweek.
Section 3 of the 14th Amendment maintains that any elected official who has sworn an oath to the Constitution but “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof,” is ineligible for further office.
“Making a determination at this stage of the process would be imprecise, subject to speculation, and would create rather than diminish future controversies, because it would require engaging in legal details made in the abstract and result in a decision rendered without concrete factual background,” Westby wrote, according to the Cowboy State Daily.
The lawsuit the judge decided on, filed by retired Laramie attorney Tim Newcomb, was similar to those coursing through 34 states to remove the GOP front-runner from the ballots.
So far, the effort has been successful in only two states, Maine and Colorado, and both of those decisions are under appeal.
Republican attorney Harmeet Dhillon celebrated Westby’s decision and shared the two-page ruling on X, writing, “Not again! Yes again…Wyoming federal judge threw yet another 14th amendment challenge out on its ear today. Bye!”
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SOURCE: www.westernjournal.com
RELATED: Liz Cheney backs push to bar Trump from ballot under 14th Amendment
Cheney continues to flirt with the possibility of her own third-party presidential bid.
On the eve of the third anniversary of the Capitol riot, Liz Cheney said that Donald Trump’s actions that day “threaten the very foundations of our democracy.” | Andy Kropa/Invision/AP
Published January 5, 2024
Liz Cheney is adding her voice to the movement to bar Donald Trump from the ballot, saying Friday that there’s “no question” his actions on Jan. 6, 2021, fall under the so-called insurrection clause of the 14th Amendment.
“I don’t believe he should be part of our political process,” Cheney said. “And this is a process that will go through the courts and that we’ll see sort of how that unfolds. But there’s no question in my mind that his actions clearly constituted an offense that is within the language of the 14th Amendment.”
The former Wyoming representative’s remarks, at a promotional event for her book at Dartmouth College in New Hampshire, came moments before the Supreme Court agreed to consider Trump’s appeal of the Colorado top court’s decision to strike his name from the state’s primary ballot.
Cheney noted the congressional Jan. 6 select committee on which she served referred to the Justice Department evidence that Trump provided “aid and comfort” to the mob that stormed the Capitol three years ago. That is language in the section of the 14th Amendment that liberal advocacy groups and some voters are leaning on to challenge Trump’s eligibility for the GOP primary ballot in dozens of states.
Republicans, including Trump’s rivals for the GOP nomination, have widely criticized efforts to bar the former president from the ballot as undemocratic. Some have argued that it’s wrong to disqualify Trump without him being convicted of a crime.
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SOURCE: www.politico.com
RELATED: Wyoming Man Suing To Keep Trump Off Ballot OK With Former President Joining Lawsuit
A retired attorney in Wyoming sparred Tuesday with Trump about whether the former president can stay on the state’s ballot – as the Colorado Supreme Court removed Trump from its state ballot.
Published December 20, 2023
The retired attorney from Laramie, Wyoming, who is suing to keep former President Donald Trump and U.S. Sen. Cynthia Lummis of the state’s election ballots, forever, filed a response Tuesday objecting to Trump’s request that the court dismiss the case.
The filing emerged just as the Colorado Supreme Court scrubbed Trump from its state ballot Tuesday, under the insurrection clause of the U.S. Constitution.
Trump asked last week to intervene in the Wyoming case challenging his fitness to be on the Wyoming election ballot. In that one, retired attorney Tim Newcomb filed a Nov. 1 petition asking Albany County District Court Judge Misha Westby to bar Trump and Lummis from the state’s election ballots as “traitors” under the 14th Amendment to the U.S. Constitution.
Trump wrote in his motion to dismiss the case that Newcomb lacks standing, misinterpreted the 14th Amendment and filed a meandering and “frivolous” lawsuit.
Westby has not yet ruled about letting Trump into the case or whether to dismiss it, the court file indicates.
In a Tuesday response obtained by Cowboy State Daily, Newcomb says he does not object to Trump joining the case, but he does object to Trump having the case dismissed.
Treachery Alleged
Newcomb hopes for a hearing to weigh the issues.
“(My) Complaint … grounds the two facts required by the 14th Amendment to disqualify traitors from ever again holding office,” Newcomb wrote in his Tuesday filing.
He then accuses Trump and Lummis of treachery and giving comfort to the United States’ enemies despite their oaths to the U.S. Constitution.
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SOURCE: www.cowboystatedaily.com
