Lawyers for former President Donald Trump have argued forcefully that the First Amendment shields him from legal actions intended to prevent a possible presidential bid in 2024.
This legal maneuver comes as a response to a challenge based on the 14th Amendment’s Civil War-era clause, referred to as the insurrection clause.
Trump’s Legal Team’s Perspective
The defense presented this argument in a filing submitted to a Colorado court, asserting that the case is among several challenging Trump’s prospective candidacy under the 14th Amendment.
Central to their argument is the assertion that Trump’s actions were fundamentally speech-related or a refusal to speak, not constituting insurrection as described in the 14th Amendment.
Furthermore, Trump’s legal team emphasized that the 14th Amendment’s reference to those who engaged in insurrection or rebellion does not accurately apply to Trump, who they argue only instigated actions without directly engaging in insurrection.
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Denver District Judge’s Involvement
The defense also contended that the case should be dismissed on the basis that Trump is not yet a candidate under Colorado election law. They highlighted that the state’s election law isn’t tailored to handle constitutional disputes at this early stage.
This legal motion, filed under Colorado’s anti-SLAPP (Strategic Lawsuit Against Public Participation) law, is a significant milestone, marking the first 14th Amendment challenge to be openly considered in court.
Denver District Judge Sarah B. Wallace has scheduled a hearing for October 13, hinting at the potential escalation of this legal issue to the U.S. Supreme Court, which has not yet dealt with a case concerning the 14th Amendment’s provision ratified in 1868.
It is worth highlighting that Trump’s legal strategy in this case closely corresponds to his stance in other legal matters connected to the incidents of January 6, 2021, where he faces criminal charges. This consistency in approach underscores his unified defense strategy across multiple legal fronts related to these events.
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