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Adam Creighton

Colorado’s desperate, dubious legal measures over Donald Trump a big mistake

Adam Creighton
Donald Trump speaks at a campaign event in Waterloo, Iowa.
Donald Trump speaks at a campaign event in Waterloo, Iowa.

Democrat activists have made a terrible mistake in striking Donald Trump off the ballot in Colorado, denying the Republican frontrunner at least 10 electoral votes in next year’s presidential election.

Obsessed with Donald Trump but powerless to avert his relentless climb in the polls, they have resorted to desperate and dubious legal means that have undercut one of their most powerful arguments against the former president, as he seeks a second term.

Donald Trump was and is relentlessly attacked for seeking to take advantage of an obscure part of the US constitution in January 2021 that appeared to give the Vice President the power to disregard certain state’s votes.

Now Democrats have done the same, but arguably worse. At least they had to pass a law later to clarify the constitution and ensure Trump’s fringe legal theory couldn’t be applied again.

Donald Trump supporters, including member of the QAnon conspiracy group Jake Angeli, aka Yellowstone Wolf (C), enter the US Capitol in Washington. Picture: AFP.
Donald Trump supporters, including member of the QAnon conspiracy group Jake Angeli, aka Yellowstone Wolf (C), enter the US Capitol in Washington. Picture: AFP.

This time further laws won’t be needed. The Supreme Court will almost certainly strike down a decision that has brought shame to the small state’s judiciary, which has a majority of judges appointed by former Democratic governor now senator John Hickenlooper.

“President Trump incited and encouraged the use of violence and lawless action to disrupt the peaceful transfer of power,” the Colorado Supreme Court said in a 4-to-3 ruling on Tuesday (Wednesday AEDT), in a decision that sent shockwaves through the US political class.

Section three of the 14th amendment outlaws anyone who “engaged in insurrection or rebellion against [the US] … or given aid or comfort to the enemies thereof” from standing for election. The provision emerged in the late 1860s to stop former Confederate officials from running for public office in the newly-reunited states.

Even federal prosecutor Jack Smith, who has indicted Donald Trump for obstructing an official proceeding, conspiring to defraud the government and disenfranchise voters on January 6th, has not accused the former president of insurrection or rebellion.

Special Counsel Jack Smith speaks to the press. Picture: AFP.
Special Counsel Jack Smith speaks to the press. Picture: AFP.

“This is what an actual attack on democracy looks like: in an un-American, unconstitutional, and unprecedented decision, a cabal of Democrat judges are barring Trump from the ballot in Colorado,” said Republican presidential candidate Vivek Ramaswamy on social media soon after the decision, launching what will become a major line of political attack for the GOP.

Democrats have now also ‘weaponised the US constitution’ to strike a leading political candidate off the ballot for alleged crimes that haven’t even been litigated, denying Americans the right even to vote for him.

This will become a huge political error for the ruling party, likely one only to increase Donald Trump’s support further.

Democrats and their backers in the media must soon realise the more desperate and extreme their attempts to stop Trump, the more ammunition they give the former president to claim he’s persecuted out of all proportion to what he actually did.

A second Trump presidency would be very far from ideal. But if that’s what the people want, that’s democracy.

Read related topics:Donald Trump
Adam Creighton
Adam CreightonWashington Correspondent

Adam Creighton is an award-winning journalist with a special interest in tax and financial policy. He was a Journalist in Residence at the University of Chicago’s Booth School of Business in 2019. He’s written for The Economist and The Wall Street Journal from London and Washington DC, and authored book chapters on superannuation for Oxford University Press. He started his career at the Reserve Bank of Australia and the Australian Prudential Regulation Authority. He holds a Bachelor of Economics with First Class Honours from the University of New South Wales, and Master of Philosophy in Economics from Balliol College, Oxford, where he was a Commonwealth Scholar.

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Original URL: https://www.theaustralian.com.au/commentary/colorados-desperate-dubious-legal-measures-over-donald-trump-a-big-mistake/news-story/a47a8f6cf956ccaae98ec1610f24cc33