SCOTUS Hears Trump Immunity Case, Appearing Skeptical
Should states disqualify Trump?
Updated Apr. 26, 2024, 11:00 a.m. EST
- The Supreme Court heard oral arguments today over whether Trump is immune from prosecution in the case attempting to charge him with plotting to overturn the 2020 presidential election.
- The justices seemed skeptical of a federal appeals court's ruling that rejected Trump's claim that he has absolute immunity from criminal charges. Trump was indicted in August 2023 on four counts related to his role in attempting to overturn the results of the 2020 election, arising from Special Counsel Jack Smith's investigation into the Jan. 6, 2021, Capitol attack.
- Michael Dreeben, a lawyer from Smith's office who is representing the U.S., emphasized how the Supreme Court has never recognized absolute criminal immunity for any public official. Trump's lawyer, John Sauer, told the justices that without immunity, the "presidency as we know it" would be changed.
- The release of the Supreme Court's decision, which could have far-reaching implications for Trump's legal situation, remains uncertain. The justices might leave open the possibility that Trump could still face criminal charges in other cases, such as the hush-money trial that is currently underway.
Updated Mar. 4, 2024, 12:45 p.m. EST
- The Supreme Court ruled that Section 3 of the 14th Amendment does not allow states to bar former President Donald Trump from appearing on the presidential ballot.
- The unanimous decision will keep Trump on Colorado's primary ballot. All of the judges' opinions focused on legal issues, not on whether Trump engaged in insurrection on Jan. 6, 2021.
- Five justices said that Congress must work to enforce Section 3 instead of leaving it to the states. They wrote in their opinion:
"The Constitution makes Congress, rather than the states, responsible for enforcing Section 3 against federal officeholders and candidates."
- In response to the ruling, Mario Nicolais, a lawyer for the Colorado plaintiffs, said the Supreme Court had "abrogated their responsibility to our democracy." He continued:
"We're still glad we brought the case, because if we hadn't brought the case, we wouldn't have direction on where to go. We will continue fighting Donald Trump at the ballot box, and now Americans step in, and they need to make their voice heard and make sure that they say that this is not OK when they go and cast their ballots."
- Trump is expected to deliver remarks on the court's ruling from his Mar-a-Lago Florida resort.
Updated Feb. 13, 2024, 1:00 p.m. EST
- Trump asked the Supreme Court to block a lower court's ruling that allows him to be criminally prosecuted for his efforts to overturn the 2020 election results. Trump insisted that presidents should be protected from prosecution and that a trial would "radically disrupt" his bid for reelection.
- Trump's lawyers warned that "such prosecution will recur and become increasingly common, ushering in destructive cycles of recrimination." They continued:
"Without immunity from criminal prosecution, the Presidency as we know it will cease to exist."
- This ruling – separate from the Supreme Court's impending decision on whether or not Trump's role in the Jan. 6 Capitol attack makes him ineligible for the presidency –could give the justices a key role in determining whether Trump will face a federal criminal trial in Washington, D.C.
Updated Feb. 8, 2024, 1:00 p.m. EST
- Earlier today, the Supreme Court heard arguments in the case deciding whether former President Trump's actions in the Jan. 6 insurrection make him ineligible to hold office again.
- Jonathan Mitchell, Trump's lawyer, primarily focused on the fact that the president is not an "officer of the United States," as stated in Section 3 of the 14th Amendment, so it does not fall under the amendment.
- Jason Murray, the lawyer presenting the case against Trump, asserted that presidents are, in fact, officers of the U.S. and added that states have the power to "safeguard their ballots" and disqualify candidates who are too old, running for improper terms, or engaged in insurrection.
- Trump argued that taking him off the ballot would unleash "chaos" across the nation.
- The six Colorado voters who brought on the case urged the justices to not give into what they called threats of political violence from Trump.
- The court's ruling will likely determine Trump's eligibility to appear on the Colorado primary ballot, run in the general election, and hold office altogether.
- The justices are expected to deliver a prompt ruling. Many urge the court to release its decision before Mar. 5, when Colorado and 14 other states hold their presidential primaries.
Updated Feb. 5, 2024, 1:00 p.m. EST
- The Supreme Court is set to hear oral arguments on Thursday in the case determining Trump's eligibility on the presidential ballot due to his role in the Jan. 6 attack on the Capitol. The suit argues that under Section 3 of the 14th Amendment, Trump should be barred from holding office as a previously sworn-in official who engaged in insurrection.
- Trump urged the court on Monday to keep his name on Colorado's ballot, accusing his opponents of an "anti-democratic" agenda.
- A decision could come within days or weeks of Thursday's arguments.
- Meanwhile, a Court of Appeals for the D.C. Circuit ruled against Trump's immunity claim in the federal election interference case. The Circuit panel wrote:
"For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution."
Updated Jan. 5, 2024, 5:45 p.m. EST
- The Supreme Court will fast-track a case over former President Donald Trump's eligibility for the 2024 presidential ballot.
- The case revolves around the Constitution's insurrection clause - 14th Amendment, Section 3 - which was originally enacted to keep former Confederates out of office.
- The Colorado Supreme Court previously ruled 4-3 that Trump is disqualified from serving as president due to his actions related to the Jan. 6, 2021, attack on the U.S. Capitol. This decision, if upheld, would prevent Trump from appearing on Colorado's primary ballot.
- SCOTUS has set a rapid schedule for the appeal, with arguments scheduled for Feb. 8. This expedited timeline is crucial as Super Tuesday - a significant date in the primary election cycle - occurs on March 5.
- This case puts the Supreme Court - and its 6-3 conservative majority - at the epicenter of the 2024 presidential election. The outcome could determine whether Trump is eligible to be on the ballot--in Colorado and nationwide.
Updated Jan. 3, 2024, 7:00 p.m. EST - Trump Asks Supreme Court to Keep Him on Colorado Ballot
- Former President Donald Trump is asking the Supreme Court to reverse a ruling by a Colorado court to disqualify him from the 2024 ballot over his involvement in the events at the U.S. Capitol riot on Jan. 6, 2021.
"In our system of 'government of the people, by the people, [and] for the people,' Colorado’s ruling is not and cannot be correct," Trump told SCOTUS, saying the high court should "return the right to vote for their candidate of choice to the voters."
- The Colorado court cited a section of the 14th Amendment, which says candidates are ineligible from holding public office if they've "engaged in insurrection."
- The Supreme Court is expected to quickly decide whether to hear Trump's appeal.
Updated Jan. 2, 2024, 10:30 a.m. EST - Maine Joins Colorado, Disqualifies Trump From 2024 Ballot
- Maine joined Colorado in barring Donald Trump from its primary election ballot after its top election official ruled that the former president's efforts to remain in power in 2021 make him ineligible for office.
- Maine Secretary of State Shenna Bellows said in her decision that Trump would not qualify for the ballot because of his role in the Jan. 6 attack on the Capitol. The Democrat wrote:
"I am mindful that no secretary of state has ever deprived a presidential candidate of ballot access based on Section 3 of the 14th Amendment. I am also mindful, however, that no presidential candidate has ever before engaged in insurrection."
- A group of state citizens rallied for the decision to bar Trump from appearing on the ballot.
- Trump campaign spokesman Steven Cheung said that the Maine and Colorado rulings are "partisan election interference efforts" that are "a hostile assault on American democracy."
- California announced that Trump would remain on the ballot, as state election officials have limited power to prohibit candidates from running.
What's the story?
- Colorado's Supreme Court ruled that Donald Trump will be disqualified from appearing on the state's primary ballot for the 2024 presidential election.
- The top court contended that the former president's actions that encouraged the Jan. 6 storming of the Capitol make him ineligible for the position — specifically, Section 3 of the 14th Amendment, stating those who engage in insurrection against the Constitution after taking an oath to support it should be barred from holding office.
- The ruling does not address the general election; it only excludes Trump from appearing on the state's March 5 Republican primary ballot.
The ruling
- The Colorado court's 4-3 decision reversed a Denver district judge's ruling from last month that found Section 3 did not apply to the presidency. The state's top court did, however, uphold the lower court's rulings that Trump's actions before and on Jan. 6 constituted an engagement in insurrection and that courts have the authority to enforce Section 3.
- The justices wrote:
"A majority of the court holds that President Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment to the United States Constitution. Because he is disqualified, it would be a wrongful act under the Election Code for the Colorado secretary of state to list him as a candidate on the presidential primary ballot."
- The case was brought by a group of Colorado voters. Attorney Sean Grimsle, representing the plaintiff, said:
"[Trump] betrayed his oath to the Constitution by engaging in insurrection against it, and by doing so he made himself ineligible for public office. We hope and believe other states will now follow suit."
The response
- Trump's campaign denounced the ruling and said it would appeal the decision to the U.S. Supreme Court. Anticipating this, the Colorado justices put a hold on the ruling until at least Jan. 4. Trump's appeal could force the federal Supreme Court to decide on his eligibility in all 50 states.
- Campaign spokesperson Steven Cheung said:
"Unsurprisingly, the all-Democrat appointed Colorado Supreme Court has ruled against President Trump, supporting a Soros-funded, left-wing group's scheme to interfere in an election on behalf of Crooked Joe Biden…We have full confidence that the U.S. Supreme Court will quickly rule in our favor and finally put an end to these un-American lawsuits."
- In solidarity with Trump, presidential candidate Vivek Ramaswamy pledged to withdraw from the Colorado GOP primary and called on other candidates to do the same.
- Richard Friedman, a University of Michigan law professor, said he was not surprised by the decision. He continued:
"[Trump] took an oath to preserve, protect and defend the constitution of the United States. And then he did what he could to subvert the lawful processes for electing our president. The nation must accept the decision and move on."
What is the 14th Amendment?
- The 14th Amendment was ratified after the Civil War, addressing the rights of American citizens and equal protection under the law. Section 3 of the amendment says no person who has previously taken oath as an officer of the U.S. who has engaged in insurrection or rebellion against the Constitution can hold office again.
- The amendment states that if someone is found to be ineligible to serve, Congress can overturn the ruling with a two-thirds majority vote.
Should more states disqualify Trump?
-Jamie Epstein & Josh Herman
(Photo credit: Flickr/Gage Skidmore)
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If the 14th amendment does not apply to ALL officials then what is the purpose?
what happened to NO ONE IS ABOVE THE LAW ?
we are not a monarchy potentate dictatorship?
Congress irresponsibly punted twice on impeachment
scotus is politicized, corrupted with gifts & favors
this should not be even up for discussion! A serial proven criminal is destroying the very fabric of this hard formed democracy and threatening by the hour to do more harm and we are 'debating' if he should be alloved to proceed?
shame on congress
shame on scotus
shame on all the enablers
This decision was not based on party, but as a person. You can't be an insurrectionist or support and insurrection according to our Constitution. These judges made their judgement in accordance to the Constitution. I stand in agreement with the decision. I wish more states would look at this issue.
Given he caused the January 6 insurrection in Washington DC, I don't think he should be on the ballot. This, on its own, implies that he could be a signifficant threat to democracy in this country. He should be barred from running for office in order to protect democracy in this country.
CO Supreme Court decision (4-3) for Trump to appear on the Republican primary ballot (3-6-24) is headed to the Supreme Court on appeal. The State Supreme Court says it will delay its decision going into effect until 1-4-24 to allow time for the Federal Supreme Court decision.
There are pending cases in 12 other states (AK, NJ, NM, NY, OR, SC, TX, VA, VT, NV, WI, WV), in addition to the 5 states (FL, MI, MN, NH RI) that have already dismissed cases, 2 (FL, RI) said the plaintiff’s lack standing, 1 (MI) said it was a general election not a primary election issue, and 2 (MN, NH) said they couldn’t block a party candidate appearing on a ballot.
There are 7 justices on the Colorado Supreme Court. When vacancies occur, the judicial district nominating committee recommends candidates for the governor to select from. CO is a purple state with both Democratic & Republican districts (like Boebert's who re-elected her).
Currently all 7 are listed as nonpartisan but one was previously a registered Republican.
“The historic 4-3 ruling by the Colorado Supreme Court, likely to be taken up by the U.S. Supreme Court, makes Trump the first presidential candidate deemed ineligible for the White House under a rarely used constitutional provision that bars officials who have engaged in "insurrection or rebellion" from holding office.”
“According to the blog Lawfare, there are pending challenges to Trump appearing on ballots in 13 other states”
“The case was brought by a group of Colorado voters, aided by the advocacy group Citizens for Responsibility and Ethics in Washington”
"The Colorado Supreme Court has seven justices."
"when a vacancy occurs in a county or district judgeship, the judicial district nominating commission interviews applicants and recommends individuals to the governor for consideration and appointment. Three nominees must be submitted to the governor for judgeships on the court of appeals or supreme court; two or three names can be submitted for county or district vacancies. Denver County is not part of the state system and this process does not apply to their judges."
"Each judicial district nominating commission consists of seven citizens residing in that judicial district. No more than four members can be from the same political party, and there must be at least one voting member from each county in the district."
https://ballotpedia.org/Colorado_Supreme_Court
https://www.courts.state.co.us/Courts/Supreme_Court/Nominating.cfm
https://www.courts.state.co.us/Courts/Supreme_Court/Justices.cfm
https://www.reuters.com/legal/colorado-supreme-court-disqualifies-trump-holding-office-filing-2023-12-19/
https://www.lawfaremedia.org/current-projects/the-trump-trials/section-3-litigation-tracker
https://www.voanews.com/amp/colorado-supreme-court-bans-trump-from-state-s-ballot-under-constitution-s-insurrection-clause/7404758.html
The POTUS has less screening than someone applying for a job at a bank! As it stands now, any idiot could win the highest without proof of sanity or scruples! WE MUST NOT ALLOW THIS! ANYONE WHO HOLD S THAT POSITION should be the first one to be accountable for upholding the laws of our land and be subject to the penalties all Americans face when the laws are broken. NO EXEMPTION for ANYONE IN POSITION OF POWER. As they should be THE EXAMPLE of service under the law! I would this would be obvious. Trump is proving our legal system to be A JOKE at the expense of the poor and the average citizen. THIS CANNOT STAND!!!
At first my thoughts were Yes. But, our country has major issues. Lot's of folk don't believe in our government, don't believe in our judicial system. So, I believe we should leave it up to the voters. Not the our judges. No, I am a nonpartisan. I don't like either candidate. So I will remain nonpartisan and not vote in the Primary or take part in a bogus Caucus. I will vote in the regular election come November.
You want to see stupidity in real time?
https://www.cnn.com/2024/04/26/politics/video/bill-barr-vote-trump-intv-sot-collins-src-digvid?cid=ios_app
So now to absolutely no surprise you see the Republican party begin to turn on itself, with the ultra right wing media, (Nazis), supporting Marjorie, Taylor Green and the so-called middle right wing media (idiots) supporting Mike Johnson. It's a bitter fight in the press and on the ground between Republicans. Here's the thing they're all missing. This is all part of Donald Trump's modus operandi. Everything Trump touches in his life has become a disaster- he has spent a lifetime making enemies of friends, family and, ruining relationships as well as business, getting people in trouble with the law and leaving them all to hang. This is what Trump does. He is the Black Plague. He will surely destroy the Republican party if he hasn't already. And his followers blindly believe his lies! Just today, his decades, long, personal assistant, Rhonda Graff testified that Trump had contacts with Stormy Daniels and Karen McDougall. both people he has denied ever even knowing!!' How utterly naïve do you have to be to keep believing this idiot Trump. It is so transparent that he's nothing but a user, grifter and a lier.
Trump should be kept off the ballot.
The Supreme Court proves itself to be nothing but a sham more and more every day. It's time to go to a six year term for Supreme Court judges. If it wasn't so pathetic, I could laugh out loud over the fact that all these people that have been around Donald Trump for years on end and have now testified against them are all in Donald Trump's words liars! It's absolutely astounding. The people swallow this BS from Trump. How stupid can you be to believe this idiot. It doesn't matter if you're a Democrat or Republican or whatever the hell you are this man Trump is a sick puppy and has no place in government.
This supreme court is ruling on personal opion and political bias. They need to be impeached.
The moral decay?
It's pretty clear from what I heard yesterday that there are at least 5 justices, one of whom should have recused himself because his wife is implicated in one of these indictments, who support at least some level of immunity for any president's actions.
I think it's going to come down to just how 'loyal' these extreme right justices plan to be to their donors (Leo, Crowe, et al) and the president who nominated them to the court. It's pretty clear from some of their questions that several of these extreme right justices no longer plan to pretend they care about the Constitution or their legacy...they just want to continue their agenda and their erosion of America's confidence in the Court.
I have written to all my representatives once again the we need court reform right now. If corrupt Thomas and rapist drunk Kavanaugh aren't going to show any ethics, then we must do it for them.
This should be a Federal issue and not a State issue. Opening a can of worms on such a volital subject matter would further alienate opposing views.
sad, if this was you or me forget it!
we'd be jailed with the keys thrown away already without a doubt.
The art of fleeing America from selling Trump base ball card, gold and silver coins, gold painted shoe and now selling Bible. In the last section is the art of the steel?
A New York appeals court has given Donald Trump 10 more days to post his bond to satisfy the civil fraud judgement and cut the amount necessary to $175 million
absolutely clear the judicial system is BROKEN
there was a time when even for minor infractions it was 3 strikes and you were incarcerated for extended priods
here with over 80 indictments, treasonous acts, a serial criminal keeps getting off the hook
shame on the judiciary
shame on scotus
shame on congress
this is NOT a country of law and order
The average American person you'd would be in jail and your property would be sold to pay your taxes.
As usual the Supreme court system is scared shitless and that is the problem, but they are tough on low income, middle class and the 99%!
I have found a website which give legit payment by working online at home. my best friend's half-sister makes $70/hr on the internet. She has been laid off for 5 months but last month her pay was $12421 just working on the internet for a few hours. pop over here https://cashpay-47-7ka.pages.dev
States should not have the ability to ban any candidate.
Make your voice heard by voting.
One thing about facts, it is backed up with credible proof and data. Opinion are like a-- holes everyone has one!
Yes Congress should adhere to the insurrection act, we need to put some sort of limit on some that allowed those terrorist,destory the Capital but Trump caused those death on Jan 6 By him not stopping those animals attack the Capital and smearing feces on priceless portraits and walls and floors, and someone had to clean them up not them they should've been forced to clean it up. We must never have felons, or anyone that talks about our country and such a disgustingly manner as lying and calling our country, disgusting and pitiful. Why should he become our president if he thinks our country is crap there's no excuse for Trump attacking America trump should not be allowed to run for any Federal Office at all. I don't care what McClintock thinks he's that man should probably resign. Hes no business in Congress. He just kisses Trump's boots
Speaking of enablers, Aileen Cannon law clerks recently quit? They don't want to go down with the ship. They seem to be a lot smarter than Florida district court judge Aileen Cannon or
Last year at Donald Trump's business fraud trial Trump said under oath that he had $400 million in cash assets. He said this under oath where are the cash assets now? He says he doesn't have them so he lied under oath!
Lock this SOB up, his entire life is one BS lie, he is nothing more than a grifter living off of people who can least afford it wallets. He is just the tip of the iceberg of the leaders in the Republican party today. It's absolutely pathetic.
A quote from Brett Kavanaugh about being above the law, if that is true Biden could just clean house!
Teenage women who had babies were twice as likely to die before the age of 31. You will not hear this from Republican, Fox News or right wing media.