John,

Our team just presented closing arguments in our lawsuit seeking to bar Donald Trump from the ballot in Colorado under Section Three of the 14th Amendment.

This was the final step before the judge makes a decision in the case, which we expect within 48 hours.

Sean Grimsley, CREW’s co-counsel in the case, reviewed the evidence that we presented during the course of the trial that proves the following four points:

1. Trump took an oath as an officer of the United States
2. January 6th was an insurrection against the Constitution
3. Trump engaged in that insurrection
4. The secretary of state can enforce constitutional disqualification and has done so in the past

As we laid out in a filing last week: “By spearheading the fraudulent ‘fake elector’ scheme, and by perpetuating the lie that Vice President (Mike) Pence had authority to overturn the results of the election, Trump intentionally and fraudulently coordinated his supporters around a common unlawful purpose to disrupt the constitutionally mandated counting of the real presidential electoral votes.”

A Colorado assistant attorney general also requested that the judge rule on the merits of the case, to ensure that the secretary of state allows only qualified candidates to be placed on the ballot.

Finally, Scott Gessler, a lawyer on Trump’s team, closed by arguing that the January 6th Committee was biased and compared Trump’s relationship with far right extremists to unrequited love, like a “stalker and his victim” or Jim Carey and his love interest in the movie Dumb and Dumber. He also called the foundation of our case “rotten.”

Key Moments

“Sean Grimsley, a lawyer representing the voters, accused Trump of leading a ‘multi-faceted scheme to stay in power by any means necessary.’ During his closing argument, Grimsley added: ‘Through his actions and his actions alone, Donald Trump has disqualified himself from ever holding office again.’”

“Scott Gessler, a lawyer for Trump, faulted plaintiffs in the case for relying on the findings of the Democratic-led House committee that investigated the Capitol riot, which he said was biased against Trump.

‘The petitioners are asking this court to do something that has never been done in the history of the United States,’ Gessler said. ‘The evidence doesn't come close to allowing the court to do it this time.’” — Reuters

“The plaintiffs' attorney, Sean Grimsley, told the judge during Wednesday's hearing that the evidence was clear. ‘We are here because, for the first time in our nation’s history, the president of the United States engaged in an insurrection,’ he said, summing up their case. ‘Now he wants to be president again. The Constitution does not allow that.’" — Associated Press

Livestream

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

Selected News Coverage

• Colorado hearing into whether Trump can remain on the state’s primary ballot wraps up, Associated Press
• Closing arguments wrap up in trial that decides if Donald Trump makes Colorado's primary ballot, CBS News

Thanks for following along during our 14th Amendment trial challenging Donald Trump’s ballot eligibility in Colorado. We expect a decision in the case in the coming days and will let you know when the judge rules.