Fox News legal analyst Jonathan Turley warned of the “most dangerous legal theory to come up in years” on Thursday in a case targeting former President Donald Trump.
The Colorado Supreme Court heard arguments Wednesday whether Trump should be kept off the ballot in 2024 under the 14th Amendments insurrection clause. The case managed to get before the high court after District Court Judge Sarah B. Wallace ruled against a group of Republican and unaffiliated voters who alleged Trump is disqualified due to his involvement in Jan. 6. Wallace did rule, however, that Trump incited an insurrection. Voters appealed the decision.
“I know you were skeptical on this to begin with,” host Brian Kilmeade said. “From when you hear about these deliberations and other failed attempts, does this make you feel confident that Donald Trump will beat this?” (RELATED: CNN Legal Analyst Calls Out Constitutional Experts Trying To Pin Trump Under 14th Amendment)
“Well, I have never, as you have noted, had faith in this theory. I think that it’s unfounded both constitutionally and historically. I also think it’s perhaps the most dangerous legal theory to come up in years. What they’re suggesting is that the 14th Amendment, in section 3 within that amendment, can block a candidate like Trump from the presidential ballot. Just on the vote of these judges,” Turley said.
“They are treating January 6th as an insurrection. Something that Trump’s never been charged with he has never even been charged with incitement. And, yet, this effort is going forward. And many of the advocates are going to blue states and Colorado is really the hail Mary throw. You know, you had a lower court judge, Judge Wallace, who was very critical of Trump. But made fast work of this theory. And tossed it out. They are now going to, as favorable a state Supreme Court as you could possibly find. So, if they fail in front of the Colorado Supreme Court. It’s a massive loss for this effort.”
The 14th Amendment was written after the Civil War after half the nation rebelled against the United States government, going on to literally create a separate government with its own foreign policy.
The plaintiffs argue that Trump “violated” his oath of office “by recruiting, inciting and encouraging a violent mob that attacked the Capitol on January 6, 2021 in a futile attempt to remain in office.”
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