Published November 21, 2022
Donald Trump and the plaintiffs suing to keep him off the 2024 ballot are appealing on different grounds a Colorado court ruling widely considered a victory for Trump.
Judge Sarah Wallace, an appointee of Democrat Gov. Jared Polis, ruled Friday that while Trump did engage in insurrection on January 6, 2021, he was not an officer of the United States as defined by the Fourteenth Amendment, invalidating efforts to disqualify him from the Colorado primary ballot in a narrow victory for the former president.
Plaintiffs in that Colorado case, as in other similar cases across the nation, have used the obscure “Insurrection Clause” in Section 3 of the Fourteenth Amendment, a Civil War-era provision which bans those who have held certain positions in government who “engaged in insurrection” from holding federal office, to make the novel legal argument that Trump should be disqualified from appearing on the ballot.
Yet Trump has not been convicted, or even charged, of inciting insurrection and was acquitted by the U.S. Senate of charges of engaging in insurrection. He continues to deny wrongdoing.
In appealing the case to the state’s top court, the plaintiffs seek to overturn Wallace’s final decision and ensure Trump’s removal from the ballot. Trump’s team filed a cross-appeal, saying that Wallace’s court “made legal and factual findings wholly unsupported in the law, and these errors demand review – especially if the Petitioners in this matter also seek review of the sole dispositive issue upon which President Trump prevailed.”
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SOURCE: www.breitbart.com
RELATED: Federal Appeals Court Appears to Indicate It Will Take an Ax to Trump Gag Order
Published November 21, 2021
There may be some good news for Donald Trump.
Politico reported Monday that a federal appeals court panel is likely to “significantly narrow” a gag order against the former president imposed for his criminal trial in Washington.
He is facing four felony charges in the case brought by special counsel Jack Smith related to his challenge of the 2020 election and the Jan. 6, 2021, Capitol incursion.
The gag order prevents Trump from publicly discussing witnesses, prosecutors and courthouse staff related to the case.
However, the panel of judges from the D.C. Circuit Court of Appeals has concerns that the restrictions are ambiguous and could interfere with Trump’s right to campaign in the 2024 presidential election, Politico reported. He is the leading Republican in the race.
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SOURCE: www.westernjournal.com
RELATED: ‘A careful scalpel’: Appeals court signals it will cut back on Trump’s federal gag order
The three-judge D.C. Circuit Court of Appeals panel raised concerns that the order created murky restrictions that stifled the former president’s right to push back against his detractors. | Bryon Houlgrave/AP
Published November 20, 2023
A three-judge panel consisting of all Democratic appointees suggested the gag order may have gone too far in restricting Trump’s speech.
A federal appeals court panel appeared poised to significantly narrow a gag order imposed against Donald Trump by the judge presiding over his Washington, D.C. criminal trial.
The three-judge D.C. Circuit Court of Appeals panel raised concerns that the order — which bars Trump from targeting witnesses, prosecutors and courthouse staff in the criminal case related to his effort to subvert the 2020 election — created murky restrictions that stifled the former president’s right to push back against his detractors, particularly in the heat of a presidential campaign.
Judge Patricia Millett, an appointee of President Barack Obama, suggested the gag order could amount to a straitjacket for Trump if his prosecution became the focus of attacks during a presidential debate.
“He has to speak ‘Miss Manners’ while everyone else is throwing targets at him?” Millett said skeptically during a two-hour oral argument at the federal courthouse in Washington. “It would be really hard in a debate, when everyone else is going at you full bore. Your attorneys would have to have scripted little things you can say.”
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SOURCE: www.politico.com
