Colorado District Judge Sarah Wallace heard arguments and witness testimony on Monday in a case arguing former President Donald Trump should be barred from the state ballot as he seeks to run for reelection.
The left-leaning Citizens for Responsibility and Ethics in Washington (CREW) argued that the events of Jan. 6, 2021, were a violent insurrection, and that the former president was a key cause. They said they have spent 10 months preparing the case, and have several expert witnesses to testify about the legal statute and President Trump’s speech, as well as witnesses of the day, including Rep. Eric Swalwell (D-Calif.).
Ahead of the trial, the judge asked both parties to present arguments on what constituted an “insurrection,” and what would constitute “engaging” in one.
“He didn’t carry a pitchfork to the Capitol,” said defense attorney Scott Gessler, adding that President Trump had asked people to protest “peacefully.”
He said experts are expected to argue that President Trump should have done more to prevent violence, but such arguments show that the former president’s actions are the opposite of “engaging.”
“None of his speech called for violence, none of it,” he added.
Ms. Gessler, who formerly served as the Colorado Secretary of State, has litigated three ballot law cases in Colorado.
He accused the six voters suing President Trump of “appointing” themselves officials who have the right to decide who people of the state can vote for.
“This lawsuit is anti-democratic,” he said. “We err on the side of letting people vote, that’s what the law says.”
The Colorado Republican Party has intervened, asking the court to allow voters to choose who to put on the ballot.
President Trump had met the party requirements to appear on the primary ballot, and Secretary of State Jena Griswold, a co-defendant in the case, had said the office does not have the authority to determine eligibility and will defer to the court’s decision.
Jan. 6 Report
The House Select Committee to Investigate the January 6th Attack on the United States Capitol produced a report with 411 findings, which is central to CREW’s case. Attorneys for the plaintiffs have asked to enter 408 of those findings as evidence.
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