Hearing to determine if Trump can be barred from offices reaches far back in history for answers

Judge Sarah B. Wallace presides over a hearing for a lawsuit to keep former President Donald Trump off the state ballot in court Wednesday, Nov. 1, 2023, in Denver. (AP Photo/Jack Dempsey, Pool)turned to distant history on Wednesday, when a law professor testified about how the post-Civil War provision was indeed intended to apply to presidential candidates.

Magliocca didn’t mention Trump by name, but the plaintiffs in the case have argued that Colorado must ban him from the ballot becausefalls under the provision. The section originally was designed to prevent former Confederates from returning to their old federal and state jobs and taking over the government.

Trump’s attorneys on Wednesday moved for an immediate ruling dismissing the case because they said the plaintiffs had not proved that Trump “incited” the Jan. 6 riot, saying all his actions were legal speech. District Court Judge Sarah B. Wallace denied the motion, noting that many of the legal questions raised during the hearing have never been addressed by a court before and that she’ll rule on them later. headtopics.com

“A fake trial is currently taking place to try and illegally remove my name from the ballot,” Trump said. It’s likely the U.S. Supreme Court will have the final word on the issue. The nation’s highest court has never ruled on Section Three, which was almost exclusively used during between 1868 and 1872, when Congress granted amnesty to many former Confederates who had previously been barred by it.

Trump’s attorneys began putting on their case Wednesday afternoon, calling former administration officials Kash Patel and Katrina Pierson to testify that Trump had told them he wanted as many as 10,000 national guard ready to deal with any violence on Jan. 6. The troops were never mobilized and that request is not in the timeline of that day issued by the Department of Defense. The plaintiff’s attorneys noted that Pierson told the congressional Jan. headtopics.com

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