DENVER (AP) — Attorneys for former President Donald Trump argue that an attempt to bar him from the 2024 ballot under a rarely used “insurrection” clause of the Constitution should be dismissed as a violation of his freedom of speech.
The lawyers made the argument in a filing posted Monday by a Colorado court in the most significant of a series of challenges to Trump’s candidacy under the Civil War-era clause in the 14th Amendment. The challenges rest on Trump’s attempts to overturn his 2020 loss to Democrat Joe Biden and his role leading up to the violent Jan. 6, 2021, attack on the U.S. Capitol.
A criminal conviction would satisfy, but I think that’s because the conviction would be under usc for treason and insurrection which was passed by congress and satisfies the 14th.
The problem is, you can’t make it too easy, or they start pointing at democrats and calling them insurrectionists for no reason.
Anything else and scotus has to make the decision themselves.