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Colorado’s Anti-Trump Ironies

Posted on Wednesday, December 27, 2023
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by AMAC, Robert B. Charles
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21 Comments
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President Donald J. Trump arrives on stage at the Protecting America’s Seniors event Friday, Oct. 16, 2020, at the Caloosa Sound Convention Center & Amphitheater in Fort Myers, Fla. (Official White House Photo by Shealah Craighead)

The all-Democrat Colorado Supreme Court last week took from the State’s voters a right to vote for Donald Trump. This brazen, unilateral act of disenfranchisement by four of seven anti-Trump justices is as ironic as it is unconstitutional.

Why is the decision to disqualify Trump as an “insurrectionist” under Section 3 of the 14th Amendment (1866) so ironic? Five reasons.

First, the Framers of the 14th Amendment inserted the “insurrection” clause with specific intent, nothing to do with public protests, even mobs of disaffected voters.

Their intent, the only purpose for “insurrection” was inserted, was to prevent former Confederate leaders, guilty of killing 620,000 Americans, from holding office after receiving a presidential pardon from Andrew Johnson.

The “insurrection” to which they referred was not general, random, political, or passing. It was the Civil War, a four-year conflict that ripped the nation apart, led to the death of a president, and put America at near-war for another 50 years.

The Civil War was not a ballot count controversy, similar to dozens on record for presidential campaigns. It was not a brief mob scene, reckless riot of no lasting consequence – since digital copies of ballots existed in 2021 – across the nation.

To pretend the 2021 riot, full of people with no intention of violently overthrowing the American way of life or government, not armed or seeking a confederacy, who had not killed 620,000 Americans, is somehow an “insurrection” of the kind the writers of that 14th Amendment meant – mocks the Civil War and 14th Amendment.

For State Supreme Court justices, who went to law school and learned all this, who put their antipathy for one candidate above their learning, oath, and history, is ironic.

Second, for four Colorado justices – directly contradicted by three others – to pretend they could disenfranchise 6 million Colorado citizens, a state 31 percent Democrat, 27 percent Republican, is also ironic – and arrogant to the point of impeachable.

In fact, the disenfranchisement of one state’s voters in a contest for president disenfranchises all Americans, since one state can tip the balance. For four arrogant justices to pretend innocence, when guilty of “election interference” is more than ironic. It is repugnant.

Third, while Section 3 of the 14th Amendment addresses Civil War holdovers, Confederates part of the most horrific war in American history, Section 1 – ironically – assures this exact kind of arbitrary, politically-motivated, and anti-constitutional deprivation of voting rights, shall never happen in America.

It reads: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States,” and their specific meaning was the right to vote.

So, now we have four robed state partisans misapplying the 14th Amendment against a political foe, declaring Colorado Republicans cannot vote for the candidate of their choice, potentially depriving the nation of its choice. Irony on irony!

Fourth, ironic as anything, for these partisans to rule as they did, they had to violate fundamental principles of jurisprudence, innocence before guilt, right to confront one’s accusers, defend a claim, due process, and equal protection.

These four Colorado partisans had to reach so far outside the legal norm that they stepped all over the former president’s rights. There has been no finding by the US Supreme Court of “insurrection,” nor that his political speech was “insurrection.”

There has been no adjudication of the word “insurrection” in any setting save the politically motivated, highly inflammatory congressional hearings led by arch-partisan, anti-Trump Democrats – their own integrity now under fire.

There is even a case before the US Supreme Court – and was at the time of this Colorado ruling – questioning the partisan, evidence-light prosecutions of January 6th protestors, and the implications for those politicizing the law.

Fifth, the transparent objective of this Colorado court majority – which has disgraced itself and their state – was plainly to trigger suits in other states to effectively interfere with – that is, to subvert – the democratic election process.

This fifth irony is borderline “insurrection” itself, as insurrection is a coup or attempt to undermine majority rule illegally by anyone, including a judge.

But, when all is said and done, the real question is not about irony. Humanity is self-absorbed, fallen. Many in power abuse their authority for attention, enrichment, and craven political ends.

The real question is how fast the US Supreme Court will reverse, legal effect it will have on other states, and political effect on the 2024 election. Beware the ironies!

A level-headed guess is that the High Court reverses swiftly, ends this gimmick in other states, and probably – again ironically – produces a favorable uptick for Donald Trump. Call that irony number six. Why? Decisions rich in irony backfire.

Robert Charles is a former Assistant Secretary of State under Colin Powell, former Reagan and Bush 41 White House staffer, attorney, and naval intelligence officer (USNR). He wrote “Narcotics and Terrorism” (2003), “Eagles and Evergreens” (2018), and is National Spokesman for AMAC.

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Jim
Jim
6 months ago

Good article. A minor correction, it was Andrew Johnson who pardoned Confederate leaders. Anyway, I live in Colorado and used to be proud to be a Colorado resident. I am now ashamed to admit that I live here due to the takeover of the state government by left-wing democrats and what they are doing to our state. The list of damages they have inflicted on the state is too long to detail here; the disqualification of Trump from the ballot is just the most recent.

Robert Zuccaro
Robert Zuccaro
6 months ago

What they used to do behind closed doors, they now do brazenly in the open then accuse us of doing what they do! People better wake up.

John Bass
John Bass
6 months ago

Irony upon Irony indeed. None of the patriots that are still in prison due to protesting on Jan 6th have been prosecuted for an insurrection. Most have only been charged with criminal trespass or destruction of government property. Once again, I don’t see how any of that could be possible when we have video tape of Capital Police letting the concerned citizens inside the capital and giving what looked like guided tours. Also considering what happen all that summer with the “peaceful protesters” and the government officials that were encouraging them to riot.

Trump 2024

Pat R
Pat R
6 months ago

My solution to any removal of Trump’s name from ballots is in the space to write in a name = WRITE IN DONALD J. TRUMP.
Writing DJT’s name on ballots that have removed his name should be a campaign spread to the nation for all those who agree DJT should be the next president. Nov 5, 2024 can’t come soon enough!!

Buzz
Buzz
6 months ago

At least one of the 4 is UP for Re-election this year. Voters take note

Max
Max
6 months ago

Excellent article, RBC. The Adversary continues to do what it can to discredit and mislead the voting public because they fear the future outcome. Looks like a setting up for a future Civil War II involving the whole nation. By the way, I enjoyed your article from yesterday as it reminded me of the times that I had to endure through the few hurricanes and typhoons that I have been through.

Granny26
Granny26
6 months ago

If I lived in Colorado I’d just write in Trump on the ballot. I live in CA and although don’t like Newsom, he did stop that from happening here. And I would write Trump in if they took him off the ballot here.

Karl Fischer
Karl Fischer
6 months ago

Their intent, the only purpose for “insurrection” was inserted, was to prevent former Confederate leaders, guilty of killing 620,000 Americans, from holding office after receiving a presidential pardon from Andrew Jackson.
Wrong. Andrew Johnson.

James DeBona
James DeBona
6 months ago

I too, live in Colorado and I’m tremendously embarrassed over the partisan political hit-job done by these State Justices. They are an absolute disgrace to their jobs as judges, let alone the highest court in the state! They should be immediately, upon a SCOTUS reversal, removed from their jobs on the high court in humiliation and shame and then possibly disbarred, never to work in the legal system again in any capacity. The nad’s on these four to think that they can decide for half of the voters in the state is incomprehensible! This goes beyond a simple “shame on them”, REMOVE THEM!!!

Marta Alvarez
Marta Alvarez
6 months ago

Excellent and informative article. Frankly, I am not holding my breath. President Trump fell right into the hands of an old Commuist tactic: Host a ‘protest/ riot’ and blame the opposition. The mischaracterized January 6 ‘insurretction’ will forever serve as a weapon for the Communist infested areas of Government to violate Constitutional laws or anything that achieves their only goal: Neutralize President Trump, at any cost. The Colorado case is only the beginning.

Sue
Sue
6 months ago

CO supreme court certainly isn’t supreme in any way. Taking away our ability to vote is unconstitutional. Talk about stealing our rights and freedom, sounds like Russia and China. I guess they establishment and government have more to fear than I do, since they feel they have to limit our choices. The court put its own interpretation on the 14th amendment. They are afraid if the people

johnh
johnh
6 months ago

This is the explanation that one lawyer has on 14th amendment & I would bet that you get 10 lawyers in a room that everyone of them would have their own opinion on this. The state Supreme Courts are going to different law schools today or they looking at the same Constitution. I have always wonder why incoming POTUS is licking their chops if the last admin has left a lot of openings in the court system.

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