I’m on an e-mail list from Robert Reich, and I got an interesting message this evening that included:
On Friday, Denver District Judge Sarah B. Wallace ruled that Donald Trump “acted with the specific intent to disrupt the Electoral College certification of President Biden’s electoral victory through unlawful means; specifically, by using unlawful force and violence.”
She concluded with this finding of fact: “Trump incited an insurrection on January 6, 2021 and therefore ‘engaged’ in insurrection.”
It’s the first official legal finding that Trump participated in an insurrection.
That would normally disqualify Trump from holding any public office in the U.S. under Section 3 of the 14th Amendment; but Reich reports that Wallace performed some legal “somersaults” in order to interpret the amendment in such a way that Trump could still be on the ballot because the 14th says that it applies to those who took an oath to “support” the Constitution, but the oath that Trump took was to “preserve, protect and defend” the Constitution. (Yes, really.) But Reich also writes “… appellate courts do not defer to district court interpretations of law or the Constitution.”
This will certainly go all the way to SCOTUS. Stay tuned…