Colorado Supreme Court makes it official
Colorado Supreme Court makes it official
Petitioners attorney Mario Nicolais lays out their case and what's next
Donald Trump Supported an Insurrection.
That’s not just my opinion, that’s the official finding of the Colorado Supreme Court based on an extensive trial with evidence, witnesses, and arguments. It went to appeal and was stayed in a strange finding only to end up at the state Supreme Court who issued an extensive 4-3 ruling. The result means that under Section 3 of the 14th Amendment, Donald Trump is not eligible to serve as President.
Saying this upends the Presidential race is an understatement in every way. It now heads to the U.S. Supreme Court with every expert divided on how they will rule. The arguments essentially fall between that the ‘voters should decide’ to this is a country of laws and they apply to everyone. Will the Court follow the law or will they find a way to punt the issue and avoid being forced to rule on the merits?
The case was always built around knowing it would end up before the conservative court. They literally used Neil Gorsuch’s past rulings on eligibility cases as legal case studies in the arguments. The idea of someone being held accountable for insurrection is a “conservative” value but sadly few people really believe they will follow the law.
The Relevant Part of that Whole Constitution Thing
Let the Voters Decide
I’ve watched many of the pundits, especially the majority of so-called ‘Never Trump’ Republicans that I have known and worked with for the last several years, argue that having the Court decide his fate will only lead to more division. They believe that the voters should be the ones to decide Trump’s fate.
Here’s the problem with that argument: WE DID! He lost the popular vote in 2016. He lost the popular and Electoral College votes in 2020. How did he react? He launched an insurrection! That is literally the entire point of this entire exercise. The voters did decide his fate and he and his supporters violently fought back.
At what point do we actually use the vaunted ‘checks and balances’ to actually do the right thing and give us justice? Do more people have to die?
Good timing is my Super Power
I was going to do a solo show this week with it being the holiday weekend. Most guests are traveling or viewers will be so I figured I’d let you hear my thoughts and not bother anyone. Then I realized that one of the lead petitioners attorneys is my friend from the Lincoln Project Mario Nicoalais. I texted him just a couple of hours before our studio slot and he jumped right in.
We discussed at length who brought the case (spoiler…its mostly died in the wool Republicans), how they built their case, and what is next. I think you will like this one and I also discuss the failure of Tommy Tuberville and the latest on Mike Flynn’s attempt to silence my voice.
The show
Mario Nicolais
Mario is a lifelong Coloradan, attorney and a former colleague of Fred’s from the Lincoln Project. Mario has worked on political campaigns at every level from municipal government to presidential races, argued, and won, cases before the Colorado Supreme Court, served as General Counsel for both Colorado's largest post-acute and long-term healthcare provider as well as COVIDCheck Colorado (a pandemic response project). He regularly writes opinion columns that earn national attention and runs his own law firm. You can learn more about Mario at his website here.
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Happy New Year’s, Fred. First off, I really enjoy reading and listening to your analysis of events - it’s insightful and I appreciate the depth you go into on the issues.
Second, on to the question I keep asking myself - especially now that Maine has followed Colorado’s lead - what’s next? Now that the courts and Attorney General’s are openly admitting that Trump committed insurrection, can the same standard finally be applied to those we know who participated or aided in the insurrection and are currently holding office?
Assuming Section 3 of the 14th Amendment is self-executing - as it appears to be - and we apply it as the plaintext Constitutional standard that, those who aided or participated in the insurrection are barred from holding officer, would that allow the Federal and State Governments to immediately remove those congressional, judicial, military, state, or federal members from their current positions and allow for special elections to have to take place where only Constitutionally viable candidates are allowed to run?
I know this would be a really polarizing event, but with our Democracy on the line and the simplicity of the Constitution’s text, isn’t it more damaging if we continue to do nothing rather than enforcing our constitutional laws?
Our underfunded and understaffed courts are being sorely abused by these MAGA goons. The sooner their cases are dismissed, the better.