Trump launches Supreme Court appeal to overturn Colorado ballot ban | DW News

Donald Trump has asked the US Supreme Court to intervene over a ruling Banning him from the primary ballot in the state of Colorado in December the state supreme court disqualified Trump as a presidential candidate over his role in the January 6th assault on the US capital judges ruled that his actions

Were a violation of the US Constitution’s rarely used Insurrection Clause all right well for more on this I’m joined here in Studio by DW reporter Ben Dorman Ben great to have you here so uh we’re going to break this down because it’s quite complex um so what is this Insurrection Clause exactly well

For Trump’s opponents they’re hoping it’s the kind of constitutional cryptonite to prevent him from ever taking office again but speaking more literally it’s the section three of the 14th amendment was passed after the Civil War way back in 1868 it was intended at the time to stop

Confederates the rebels who lost the war coming back and regaining office after rebelling against the government and it’s very simple it’s only two sentences long it essentially says that if you took an oath to uphold the Constitution you then participate in a rebellion and Insurrection against the government you

Are disqualified from holding oath holding office again unless a huge majority of Congress says you can and in Colorado the Supreme Court in December ruled that what happened on January 6th was an in Insurrection what Donald Trump did that day if you recall telling his supporters to go fight like hell before

They went and stormed the capital what he did constitutes taking part in that Insurrection so the court said according to this there’s Insurrection he took part he can’t be president that’s what they ruled and they said therefore he shouldn’t even be on the primary ballot

All right but tell us what are H Donald Trump and his lawyers now arguing well they’re throwing a lot of different arguments at the wall firstly they say interaction wasn’t interraction that’s it was a political protest that spiraled became violent got out of control they’re also arguing that even if it was

An Insurrection Donald Trump himself wasn’t involved he just spoke at the event he he just said things and in the in the US the first amendment protects your right to free speech and they’re saying that he shouldn’t be prosecuted on those grounds they’re also arguing at

The same time that okay if it was an Insurrection and if he did take part that still shouldn’t matter they’re arguing on very legalistic grounds that because this section of the amendment doesn’t specifically say you can’t be president if you take part in Insurrection then Donald Trump shouldn’t

Be excluded on those grounds they’re also making much broader kind of arguments where they’re saying that this is fundamentally not a question for Colorado to decide it is a question that Congress should be deciding on and that the Supreme Court needs to tell Colorado essentially no it’s not up to you right

That sounds uh certainly very complex Ben if you could very briefly what can we expect the uh Supreme Court to uh decide well that is the huge question that everyone is wondering about right now it is an unpreceded question that this amendment has never come up in this

Way before The Supreme Court it’s also not a question that cuts so clearly on kind of normal iological grounds obviously there’s a 63 conservative majority three of those six were appointed by Trump but a lot of conservative legal Scholars say this amendment is pretty clear he should be

Disqualified if he took part in this direction what is certain is that this is a huge political question that whatever decision they make will have a huge impact election coming up we will all be keeping a close eye on that DW reporter Ben Dorman

Donald Trump has asked the US Supreme Court to intervene over a ruling banning him from the primary ballot in the state of Colorado.

In December, the state’s supreme court disqualified Trump as a presidential candidate over his role in the January 6 assault on the US Capitol. Judges ruled that his actions were a violation of the US Constitution’s rarely used insurrection clause.

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45 comments

  2. The ban will be overturned for sure. Any people can say we should fight but it doesn't necessarily mean violence nor insurrection since it can also mean a protest. To prove that Trump planned an insurrection, there should be a physical evidence like phone call or paper records that shows Trump's insurrection plan and directly calling for subjugation of the government.

  3. Whilst I’m not a fan of Donald Trump I can see the Supreme Court overturning the Colorado ruling. States deciding who takes part in elections is a slippery slope. It will become a political game by whichever party is in power per state.
    The sensible thing to do is for the Supreme Court to ban Trump for his part in the insurrection but again, that will be viewed as political interference.

  4. Trump do not need Colorado or Maine to win the election…These are democrat states that dont vote for republicans regardless.

  11. Wer denkt das Verhindern von teilhabe was gutes ist, hat den Schuss nicht gehört. Trump besiegt man mit guter Politik. Aktuell bekommt man einen Präsidenten, der von anderen gelenkt wird, da schlichtweg dement. Das war es. Entweder man schlägt Trump auch sachlicher Ebene, oder man riskiert einen Bürgerkrieg.

  13. Trump can still win the presidency without the state of Colorado. He just has to win the key states.

  16. Let us pray that the law wins and the lawyers loose, if not this means and evidence to any crime can be rendered in valid even if thousands testify…inciting violence is what radicals do not democratic and responsible leaders do.

  21. What’s so hard about understanding what “taking part of” actually means. Simply put – involved some shape or form.

  24. SCOTUS will slap this down and give Colorado a federal spanking. Every branch of the democratic machine is trying to knock the leading Presidential candidate out of the race because they know they cannot beat him fairly. America simply will not stand for banana republic tricks like this. The sticky truth is that Trump hasn't even been charged with insurrection, much less convicted.

    Actions such as Colorado's have to be based on legal facts … not hearsay.

  29. The wording is not complicated, it's simple and straightforward in intent. In the view of the world, the events of the 6th of January were viewed as attempts to prevent an alternative government from taking power by overturning the election results. The revolt was an insurrection. The law of the land applies to ALL its citizens.

  33. Boy DW really hates Mr. Trump; They never EVER interview a conservative always a liberal – DW is so unbalance!! He hasn't been convicted of anything especially an insurrection. – The ban will be overturned.

  35. 🥱who cares about Trump , he’s only trying to stay out of prison so he won’t share the same fate as Eipstein

  41. If Trump actually becomes President again, it opens a whole world of choas. More racism, sexism, homophobia & corruption on a global scale, not to mention the door he will open for Russia to start meddling in internation affairs again.

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