A state judge in Colorado rejected an effort by former President Donald Trump to dismiss a case regarding whether he is constitutionally eligible to run for the same office next year but did not provide any insight into an opinion on the matter one way or another.
MSNBC reported that the decision means the case moved a step closer to trial, which is set to begin on Oct. 30.
“Colorado District Judge Sarah Wallace called “pivotal” the legal question of investigation and enforcement of the 14th Amendment’s disqualification clause. But in resolving several issues in a Friday ruling, she said that crucial matters are ‘best reserved for trial,’” the outlet reported.
At issue is a claim by left-wing groups that Trump is allegedly barred from seeking federal office under Section 3 of the amendment after taking an oath to support the U.S. Constitution but then “engaged in insurrection or rebellion against the same, or [has] given aid or comfort to the enemies thereof.” Citizens for Responsibility and Ethics In Washington (CREW) filed the suit on behalf of some anti-Trump Republican and unaffiliated voters who claim they want to protect the rights of voters to fully participate in the upcoming primary election by ensuring that votes cast will be for those constitutionally qualified to hold office.”
Trump has not been convicted of “insurrection” or “sedition.” However, a federal grand jury in Washington, D.C., returned charges of conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an attempt to obstruct an official proceeding, and conspiracy against rights in August.
Democrats and left-wing groups have merely claimed that Trump “engaged in insurrection” by questioning and challenging the election results in key states following the 2020 election.
Cases similar to the one in Colorado have also been filed in other states and venues, including Minnesota, where oral arguments have been scheduled for Nov. 2, and Michigan.
Wallace rejected pretrial procedural claims made by Trump’s legal team and the Colorado Republican State Central Committee, but she made it clear that she “makes no judgments on the merits” of Trump’s “constitutional fitness as a candidate by way of these rulings.”
And though Wallace rejected pretrial procedural claims from Trump and the Colorado Republican State Central Committee, the judge made clear she “makes no judgments on the merits” of Trump’s “constitutional fitness as a candidate by way of these rulings.”
Prior to facing any criminal charges, Trump previously fought off federal lawsuits that claimed he bore civil liability for the January 6 riot at the U.S. Capitol Building.
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