‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌
[link removed] [[link removed]] John,

We’re more than halfway done with the evidentiary hearing making the case in court that Donald Trump is disqualified from the Colorado ballot for inciting insurrection.

Today, we called two of our last witnesses who testified about the history of Section 3 of the 14th Amendment and how the secretary of state’s office determines eligibility for the Colorado ballot. One final witness of ours will testify on Friday.

After our witnesses testified, Trump’s attorneys asked the judge to throw out our lawsuit rather than having the case proceed by presenting their evidence. The judge dismissed [[link removed]] their motion and said she was not yet prepared to decide on “significant legal issues, many of which have never been decided by any court.” Trump’s attorneys then called their first witnesses to make their case that Trump should be allowed on the ballot.

Witnesses Called by Plaintiffs

*
Professor
Gerard
N.
Magliocca,
of
Indiana
University
McKinney
School
of
Law
served
as
an
expert
witness
on
the
history
and
meaning
of
Section
3
of
the
14th
Amendment
of
the
Constitution
*
Hilary
Rudy,
the
Deputy
Director
of
Elections
for
the
Colorado
secretary
of
state’s
office
testified
about
the
process
for
certifying
candidates
for
the
ballot
in
Colorado
and
precedent
for
barring
ineligible
candidates

Witnesses Called by Defendants *
Kash
Patel,
senior
national
security
advisor
to
Donald
Trump
and
former
Trump
administration
official
*
Katrina
Pierson,
former
spokesperson
for
Trump
who
helped
organize
[[link removed]]
the
rally
at
the
Ellipse
on
January
6th,
2021

Key Moments

“Magliocca said the historic record for the clause also includes judicial opinions and writings from U.S. Attorney General Henry Stanbery, who in 1867 was tasked with interpreting the military reconstruction acts of Congress. ‘Insurrection was understood broadly to include any voluntary act in furtherance of an insurrection against the Constitution, including words of incitement.’” — Colorado Public Radio [[link removed]]

“Federal prosecutors, military occupation officials, state courts and Congress itself used [Section Three] to remove or bar from office large numbers of ex-Confederate legislators, judges and executive-branch officials. ‘It was not intended as punishment,’ Magliocca said in testimony Wednesday. ‘This was simply adding another qualification because of the events that had occurred.’” — Colorado Newsline [[link removed]]

“Plaintiffs also called on a second expert witness Wednesday, Deputy Director of the Colorado Secretary of State Office Hilary Rudy, about the office’s role in potentially taking Trump off the presidential ballot. ‘It is the secretary’s position that if we have affirmative knowledge that a candidate is ineligible for office then we will not certify them to the ballot,’ Rudy said.” — The Hill [[link removed]]

Livestream

C-SPAN aired today’s portion of the trial in full, which you can watch here [[link removed]] .

Selected News Coverage

*
Trial
to
determine
if
Trump
can
be
barred
from
offices
reaches
far
back
in
history
for
answers
[[link removed]]
,
Associated
Press
*
Trump
14th
Amendment
Disqualification
Trial
Can
Continue,
Judge
Rules
[[link removed]]
,
New
York
Times
*
‘Insurrection’
clause’s
Civil
War-era
history
scrutinized
in
third
day
of
Colorado
Trump
trial
[[link removed]]
,
Colorado
Newsline

Thanks for following along during our 14th Amendment trial challenging Donald Trump’s ballot eligibility in Colorado. We’ll be back tomorrow with more updates.

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