A procedural move to dismiss a lawsuit aiming to disqualify former President Trump from the state’s presidential election was turned down by a Colorado judge on Wednesday.
The lawsuit bases its legal argument on a 14th Amendment provision that prohibits anybody who aid or engage in insurrection from holding public office.
The suit focuses on the conduct of Trump prior to and on January 6, when thousands of his followers stormed the Capitol.
The Trump campaign’s lawyers contended that since Trump did not incite an insurrection with his remarks and deeds following the attack on January 6, the lawsuit ought to be dismissed.
Judge Sarah B. Wallace, however, granted the case to proceed, noting that it was necessary for it to be fully debated in light of the particular legal issues it raises, specifically the connection between the claims made by either party about the First and Fourteenth Amendments.
During the case’s three days of proceedings thus far, plaintiffs have maintained that Trump’s established and long-standing relationship with far-right extremists made him accountable for the violence on January 6.
Additionally, they contended that Trump would be covered by the 14th Amendment and that the attacks of January 6th qualify as an insurrection for the purposes of the amendment.
After the application was turned down on Wednesday, Trump’s legal team refuted those claims and started making its case.
Wallace stated that after Trump’s side had finished presenting their case, she would be in a better position to make a decision.
Almost identical cases are also being considered in the key swing states of Minnesota and Michigan.
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