In her ruling, Wallace found that Trump did engage in an insurrection by inciting a riot on Jan. 6, 2021, but that the president is not subject to Section 3 because they are not an “officer of the United States.”
She disputed that Section Three of the Fourteenth Amendment applied to Trump, noting that the clause in question explicitly lists all federal elected positions but it does not include the president.
“While the Court agrees that there are persuasive arguments on both sides, the Court holds that the absence of the President from the list of positions to which the Amendment applies combined with the fact that Section Three specifies that the disqualifying oath is one to 'support' the Constitution whereas the Presidential oath is to 'preserve, protect and defend' the Constitution," Wallace wrote.
She added, "it appears to the Court that for whatever reason the drafters of Section Three did not intend to include a person who had only taken the Presidential Oath.”
An attorney for the group of voters who filed the legal challenge said they would appeal.
“The Court found that Donald Trump engaged in insurrection against the Constitution after a careful and thorough review of the evidence," attorney Sean Grimsley said in a statement. "We are very pleased with the opinion and look forward to addressing the sole legal issue on appeal, namely whether Section 3 of the Fourteenth Amendment applies to insurrectionist presidents. We believe that it does.”
more:
http://www.nbcnews.com/politics/donald-trump/colorado-judge-rejects-bid-keep-trump-2024-ballot-rcna125451
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