by Paul Bois, Breitbart:
Former President Donald Trump’s legal team attacked the January 6 “insurrection” charge in a legal brief recently filed to the Supreme Court asking it to overturn Colorado’s decision to keep him off the ballot.
As Breitbart News reported in December, the Colorado Supreme Court ruled “in a 4-3 opinion that the Constitution’s ‘Insurrection Clause’ prohibits former President Donald Trump from appearing on the ballot for the presidency in 2024.”
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“The court found by clear and convincing evidence that President Trump engaged in insurrection as those terms are used in Section Three” of the Fourteenth Amendment, the ruling reads.
The ruling will partially reverse a previous ruling from Colorado District Court Judge Sarah Wallace, who ruled in November that the Fourteenth Amendment would not apply in the case of former President Trump, being that he is not an officer of the United States as was defined at the time of the amendment’s ratification following the Civil War.
As predicted, the former president’s legal team appealed the decision to the Supreme Court of the United States, asking it to overturn the Colorado ruling. In a legal brief filed in January, Trump’s lawyers asserted that the former president never encouraged his supporters to enter the Capitol on January 6, adding he asked them to peacefully and patriotically let their voices be heard.
“President Trump never told his supporters to enter the Capitol, and he did not lead, direct, or encourage any of the unlawful acts that occurred at the Capitol either in his speech at the Ellipse or in any of his statements or communications before or during the events of January 6, 2021,” it said.