The Big BUT in Colorado's Trump Election Decision

AP Photo/Charlie Neibergall

Nothing says don't take us seriously like Colorado's Supreme Court decision ostensibly taking Donald Trump off the November 2024 presidential ballot. The split 4-3 decision by the far-left wing of the far-left court did the bidding of the Democrats' fringe lawfare crowd by proclaiming without evidence or precedence that the former president is a dyed-in-the-wool insurrectionist. 

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They sounded quite serious when they wrote:

President Trump is disqualified from holding the office of President under Section Three [of the 14th Amendment]; because he is disqualified, it would be a wrongful act under the Election Code for the Secretary to list him as a candidate on the presidential primary ballot

But then these irresponsible politcal-actors-in-robes winked and said, just kidding. 

 To wit: 

We are also cognizant that we travel in uncharted territory, and that this case presents several issues of first impression. But for our resolution of the Electors’ challenge under the Election Code, the Secretary would be required to include President Trump’s name on the 2024 presidential primary ballot. Therefore, to maintain the status quo pending any review by the U.S. Supreme Court, we stay our ruling until January 4, 2024 (the day before the Secretary’s deadline to certify the content of the presidential primary ballot). If review is sought in the Supreme Court before the stay expires on January 4, 2024, then the stay shall remain in place, and the Secretary will continue to be required to include President Trump’s name on the 2024 presidential primary ballot, until the receipt of any order or mandate from the Supreme Court.

Staying decisions until an appeal is filed is often done when it's clear it will be appealed, but this majority opinion put on hold its Trump doesn't qualify till the end of time, basically. 

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How bad is this finding? So bad that even the man Joe Biden called on to get Trump, special counsel Jack Smith, didn't charge the former president with insurrection because there's no legal through-line between Trump's activities that day and the riot, which we later learned was aided and arguably fomented by the activities of the so-called law enforcement agencies that didn't do their jobs. Imagine if the dozens of law enforcement personnel in the crowd could have been replaced by the National Guard soldiers to whom Trump gave Mayor Muriel Bowser and Speaker Nancy Pelosi access. But that's a piece for another day.

Flashback: Timeline: Trump Was Still Speaking When the Capitol Riot Began, But the Left Blamed Him Anyway

The Colorado high court concluded that Trump's speech on January 6, which the long-winded president was still delivering while Ray Epps and company were breaching blockades at the Capitol Building complex, caused the riot.

These findings support the conclusion that President Trump’s calls for imminent lawlessness and violence during his speech were likely to incite such imminent lawlessness and violence. When President Trump told his supporters that they were “allowed to go by very different rules” and that if they did not “fight like hell,” they would not “have a country anymore,” it was likely that his supporters would heed his encouragement and act violently. 

We therefore hold that this final prong of the Brandenburg test has been met. In sum, we conclude that President Trump’s speech on January 6 was not protected by the First Amendment.

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Worse, this irresponsible court decision will spin up the leftist crazies— do James Hodgkinson, the Supreme Court leaker, Brett Kavanaugh rioters, Ruth Sent Us nutters ring a bell?—when the U.S. Supreme Court reverses and hopefully castigates these Democrat Party appointees in a complete and utter reversal of this dumb decision. 

Colorado's court did this on purpose.

Related: Lawsuits Against Trump Are So Transparently Political They're Backfiring Badly With Democrats

Stay tuned: The Democrats' 14th Amendment lawfare theater is making its way through 17 states as they bleed dry Trump's legal coffers. This is Total War against Trump. The left won't be happy until they crush the man and other believers in free speech who call them out. This is what the left calls "saving democracy."   

And this is what real election theft looks like. 

Trump's is not the only speech the left wants to criminalize and censor. They're coming for conservative media too. They demonize, demonetize, and hope to demoralize PJ Media writers by coming for our bottom lines. Screw 'em. 

There's a way around their censorious shenanigans and it's by becoming a PJ Media VIP member and cutting those anti-American bastards completely out. 

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