From CREW Legal Updates <[email protected]>
Subject 14th Amendment Trial: Day 5
Date November 3, 2023 11:27 PM
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[link removed] [[link removed]] John,

Today we wrapped up our weeklong trial where we are challenging Donald Trump’s qualification for the ballot in Colorado under the 14th Amendment.

Over past week, we heard from two law enforcement officers who defended the Capitol on January 6th, two members of Congress, an attendee and organizers of the January 6th rally, an expert on Section 3 of the 14th Amendment, a staff member from the Colorado secretary of state’s office, an advisor to Trump, and an expert on right wing extremism.

Today, to wrap up the trial, Trump’s legal team called a law professor with experience in historical analysis and we called the top investigator for the January 6th Committee.

We expect to make closing arguments on November 15th and have a decision in the case by Thanksgiving. CREW’s president Noah Bookbinder is scheduled to be on MSNBC at 8:45 pm tonight if you would like to hear more about the trial and next steps for the case.

Witnesses Called by Defendants

*
Robert
Delahunty,
a
retired
law
professor
and
fellow
[[link removed]]
at
the
Claremont
Institute

Witnesses Called by Plaintiffs *
Timothy
Heaphy,
former
U.S.
Attorney
and
chief
investigator
[[link removed]]
for
the
January
6th
Committee

Key Moments

“‘What really needs to be explicated is not the plain vanilla meaning of insurrection but the whole phrase – insurrection against the United States Constitution,’ Delahunty testified on Friday. The lawyers seeking to disqualify Trump in Colorado noted that even the former president’s own attorney in his impeachment trial for the Jan. 6 attack described it as an insurrection.” — The Associated Press [[link removed]]

“[Delahunty] said he’s not aware of any case law or a direct definition of what it means to engage in an insurrection against the constitution. He said it’s a phrase that’s opaque. ‘There’s just inadequate guidance as far as I can tell from the relevant sources.’” — Colorado Public Radio [[link removed]]

“In his testimony on Wednesday, Magliocca cited multiple definitions of ‘engaging in insurrection’ that were detailed in legal opinions from the 1860s, including any ‘overt and voluntary act, done with the intent of aiding or furthering’ an insurrection, as well as an act ‘by speech or by writing (that) incited others to engage in rebellion.’ But Delahunty, while conceding that some of those opinions were ‘certainly good evidence’ for the plaintiffs’ interpretation, said his interpretation of the historical record differed from Magliocca’s. ‘I think “engage in insurrection” has a more restricted meaning than he supposes,’ Delahunty said.” — Colorado Newsline [[link removed]]

Livestream

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

Selected News Coverage

*
Can
Trump
be
on
the
ballot
in
2024?
It
can
hinge
on
the
meaning
of
‘insurrection,’
[[link removed]]
Associated
Press
*
What’s
next
in
the
Colorado
trial
to
remove
Trump
from
the
ballot
based
on
the
14th
Amendment
[[link removed]]
,
CNN
*
Hearing
over
Donald
Trump's
ballot
eligibility
nears
end
in
Colorado
[[link removed]]
,
UPI

Thanks for following along during our 14th Amendment trial challenging Donald Trump’s ballot eligibility in Colorado. We’ll be back with updates on the status of the case in the coming weeks.

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