Donald Trump Could Be Disqualified by Constitution, Says Former Federal Judge

J. Michael Luttig, a conservative former federal judge, has refuted claims that the Colorado Supreme Court's ruling disqualifying former President Donald Trump from the state's presidential primary ballot was politically motivated, per USA Today.

This groundbreaking decision marked the first time a court embraced the theory that Trump disqualified himself from a second term by attempting to overturn the 2020 election.

Luttig, in an interview, defended the constitutional grounds for disqualification, emphasizing that it is the conduct, such as an insurrection, that can lead to disqualification.

He criticized politicians and media outlets for adopting the argument, emphasizing that the Constitution itself asserts that disqualification is not anti-democratic.

He also highlighted that the Constitution specifies conduct, such as insurrection or rebellion, as grounds for disqualification, making it clear and unequivocal.

Luttig emphasized that the Constitution, not political factions, would disqualify the former president from higher office if such a disqualification were to occur.

The legal puzzle at the heart of the case revolves around the wording of the Constitution's insurrection clause and whether Donald Trump incited an insurrection during the US Capitol attack on January 6, 2021.

A Colorado district judge initially held that Trump engaged in an insurrection but argued that the disqualification provision of the 14th Amendment did not apply to a president.

However, the Colorado Supreme Court, in a 4-3 ruling, disagreed, finding that the section does apply to the former president.

Donald Trump's Legal Arguments

The argument to disqualify Trump centers on his holding an office under the United States, taking an oath, and breaking it during the Capitol attack on January 6, 2021, AP reports.

The counterarguments include technicalities, such as Trump not being an officer "under the United States" as per legal definitions.

Trump's legal defense maintains that even if the term "officer under the United States" applies, the events of January 6 were a riot, not an insurrection.

They argue that Trump, even if considered an insurrection, did not actively participate but exercised his First Amendment rights.

This argument extends to state courts, asserting their lack of jurisdiction to determine whether January 6 constituted an insurrection, citing logistical challenges and witness issues outside their jurisdiction.

They also argue that state courts lack the authority to determine the nature of the events on January 6, suggesting it is a political question for Congress.

FBI Investigates Threats Against Justices

Following the Colorado Supreme Court's decision, the FBI is working with local law enforcement in response to threats against the justices involved in disqualifying Donald Trump from the state's 2024 presidential ballot, according to CNN.

FBI Public Affairs Officer Vikki Migoya affirmed the agency's commitment to pursuing investigations into threats or violence driven by extremist views.

While there have been reports of threats against the justices, law enforcement responses to some incidents, including a potential hoax, are underway.

State and local law enforcement, along with non-governmental research groups, are closely monitoring extremist online forums for signs of potential threats to public officials.

The names of the four Colorado Supreme Court justices involved in the disqualification ruling have surfaced in "incendiary" posts, prompting concerns about potential lone actor or small group violence in response to the decision.

While specific threats have not been identified, the risk remains, according to an analysis prepared for US law enforcement agencies.

As legal and security issues intertwine in this complex case, the focus remains on constitutional interpretation and ensuring the safety of those involved in the decision-making process.

This article is owned by Latin Post.

Written by: Bert Hoover

WATCH: Colorado Supreme Court facing a flood of threats after disqualifying Donald Trump from ballot - From MSNBC