Draft:Attempted disqualification of Donald Trump

• Comment: There's no need for a separate article here, and this submission isn't WP:NPOV. Taking Out The Trash (talk) 20:24, 18 May 2024 (UTC)

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Main article: 2024 presidential eligibility of Donald Trump

Attempted disqualification of Donald Trump describes the attempts to disqualify Donald Trump, an American politician and also a presidential candidate of the Republican Party who served as the 45th President of the United States to Republican presidential primaries ballot and influence the process of his campaign and before the 2024 US presidential election. The first record attempt to disqualification was reported in Colorado, in December 2023, the Colorado Supreme Court in Anderson v. Griswold ruled that Trump had engaged in insurrection and was ineligible to hold the office of President, and ordered that he be removed from the state's primary election ballots as a result. Also in the same month, Maine Secretary of State Shenna Bellows ruled that Trump engaged in insurrection and was therefore ineligible to be on the state's primary election ballot, and the newest record was in Illinois, an Illinois judge ruled Trump was ineligible for ballot access in the state in February 2024. All of these attempts were reversed by the United States Supreme Court.

Eligibility of Donald Trump on GOP primary ballots by the state prior to Trump v. Anderson (the map and description taken from 2024 presidential eligibility of Donald Trump)

  Case dismissed by state supreme court

  Case dismissed by lower court

  Decision ruled that Trump is ineligible; stayed, reversed by United States Supreme Court

  Lawsuit filed

Some states like Michigan, Minnesota, Oregon, California, Wyoming, Louisiana, Wisconsin, Florida, Virginia, Washington state, Massachusetts, North Carolina, Indiana and New Hampshire also tried to ban Trump but sequence got rejected.

Context

Donald Trump has been suspected for his action in the January 6, 2021 United States Capitol riots, which is trespassed on the 14th amendment in the Section 3 that said:

"No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability."

His actions in the riots caused him to be disqualified by Congress or a state that ruled him ineligible.

Before states attempted to disqualification

Second Trump impeachment

On January 13, 2021, a majority of the House of Representatives (232–197) voted to impeach Trump for "incitement of insurrection". In the Senate impeachment trial, a majority of the Senate (57–43) voted on February 13, 2021, that he was guilty, but this fell short of the two-thirds supermajority required to convict him.

Federal election obstruction case and lawsuits

In February 2021, Mississippi Representative Bennie Thompson filed a lawsuit against Trump that alleged that Trump incited the January 6 Capitol attack, and California Representative Eric Swalwell and two U.S. Capitol Police officers filed lawsuits against Trump the next month, likewise alleging incitement of the attack. On December 19, 2022, the House Select January 6 Committee voted unanimously to refer Trump to the U.S. Department of Justice for prosecution, along with John Eastman. The committee recommended four charges against Trump: obstruction of an official proceeding; conspiracy to defraud the United States; conspiracy to make a false statement; and attempts to "incite", "assist" or "aid or comfort" an insurrection. On August 1, 2023, a grand jury indicted Trump in the District of Columbia U.S. District Court on four charges for his conduct following the 2020 presidential election through the January 6 Capitol attack: conspiracy to defraud the United States under Title 18 of the United States Code; obstructing an official proceeding and conspiracy to obstruct an official proceeding under the Sarbanes–Oxley Act of 2002; and conspiracy against rights under the Enforcement Act of 1870.

States disqualification of Trump

Colorado

On December 19, the Colorado Supreme Court reversed the Colorado District Court decision that the President is not an Officer of the United States while upholding the District Court's holding that Trump had engaged in insurrection and ordered that Trump be removed from the 2024 Colorado Republican presidential primary ballot.The Colorado Republican Party and Trump appealed. The Supreme Court of the United States heard the appeal on February 8, 2024.

Maine

On December 15, Bellows held a hearing on the challenges she was presented with. On December 28, in a 34-page order, she ruled that Trump was ineligible to be listed on the Maine primary ballot pursuant to the 14th Amendment. Specifically, she found that the former president "used a false narrative of election fraud to inflame his supporters" and "engaged in insurrection or rebellion." Bellows further concluded that the 22nd Amendment did not prevent Trump from running for president in 2024. Bellows stayed Trump's removal from the ballot pending the earlier of the resolution of any appeal Trump might make to the Maine Superior Court or the expiration of his deadline to make such an appeal.

Illinois

On February 28, the Circuit Court ordered Trump removed from Illinois primary ballots, with a stay of the order for an appeal to be taken, or should the U.S. Supreme Court issue an inconsistent opinion. The Circuit Court agreed that as a matter of fact and law, given the submitted record, Trump is disqualified under the 14th Amendment insurrection clause, and therefore the Illinois affidavit required from Trump concerning his legal qualification for office was not and cannot be truthfully given.

States failed requested to ban Trump

Michigan

On November 14, Judge James Robert Redford of the Michigan Court of Claims, a specialized trial court for claims against the state, dismissed a lawsuit that sought to bar Trump from the Michigan Republican primary and caucuses, ruling that neither the state courts nor the Michigan Secretary of State had the authority to determine whether Trump was disqualified by the 14th Amendment, because disqualification was a political question to be decided by Congress, and if Congress disqualifies Trump, the 20th Amendment provides for a remedy (the vice-president assuming the presidency). He ruled that Trump's eligibility to appear on the Republican primary ballot "presents a political question that is nonjusticiable at the present time", and found that the general election question "is not ripe for adjudication at this time".

On December 14, the Michigan Court of Appeals rejected their appeal, ruling that political parties could decide eligibility for the primary ballot and that the issue of eligibility for the general election ballot was not yet ripe. The plaintiffs subsequently appealed to the Michigan Supreme Court.

On December 27, the Michigan Supreme Court declined to hear the appeal, thus keeping him on the ballot.

Minnesota

On November 8, the Minnesota Supreme Court dismissed a lawsuit brought by a bipartisan group of Minnesota voters that sought to bar Trump from the Minnesota Republican primary, ruling that no Minnesota state law prohibits political parties from listing ineligible candidates on their primary ballots. The court did not address whether the January 6 United States Capitol attack was an "insurrection," and whether Trump "engaged" in it, within the meaning of Section 3 of the 14th Amendment. The court ruled that the challengers could file a new lawsuit seeking to bar Trump from the Minnesota general election ballot if he is nominated as the Republican candidate for the general election.

Oregon

In early December 2023, an advocacy group filed a lawsuit with the Oregon Supreme Court to remove Trump from the Oregon Republican primary ballot. The group sued Oregon Secretary of State LaVonne Griffin-Valade after she said on November 30 that she did not have authority over who appears on the ballot for a primary election. On January 12, 2024, the Oregon Supreme Court declined to hear the case and did not rule on its merits, citing the U.S. Supreme Court's ongoing consideration of Trump v. Anderson.

California

In August 2023, a lawsuit seeking to bar Trump from the California Republican primary ballot under the 14th amendment was filed in Alameda County Superior Court, and, in October 2023, another was filed in Los Angeles County Superior Court.

Wyoming

On November 1, 2023, a lawsuit aiming to bar Trump and Cynthia Lummis from the ballot was filed in the Wyoming District Court in Albany County. On January 4, 2024, it was dismissed.

Louisiana

On December 22, a lawsuit seeking to bar Trump from the Louisiana Republican primary ballot was filed in the 19th Judicial District Court of that state.On January 5, 2024, it was withdrawn.

Wisconsin

In late December 2023, Kirk Bangstad, a local brewery owner, filed a complaint with the Wisconsin Elections Commission to remove Trump from the primary and general election ballots in Wisconsin, which dismissed the complaint immediately by recusing itself. On January 5, Bangstad filed a related lawsuit in the Wisconsin Circuit Court in Dane County.

Florida

By early January 2024, a lawsuit aiming to bar Trump from the ballot under the 14th amendment was filed in the Florida circuit court in Broward County.

Virginia

In early January 2024, a pair of activists who'd had a case denied in federal court for lack of standing there filed a similar lawsuit in the Virginia circuit court in Richmond County.

Washington (state)

A lawsuit concerning Trump's inclusion on the Washington state primary ballot was to be heard in Kitsap County Superior Court on January 16, 2024, but the judge decided that the case should be moved to Thurston County. Thurston County judge Mary Sue Wilson ruled on January 18 that Trump will stay on the Washington primary ballot.

Massachusetts

A group of Massachusetts voters filed a petition with the Massachusetts Ballot Law Commission to remove Trump from the primary and general election ballots under Section 3 of the 14th Amendment on January 4, 2024. On January 18, an initial hearing was held. On January 22, the Massachusetts Ballot Law Commission dismissed the primary ballot challenge citing a lack of jurisdiction. On January 23, the plaintiffs appealed the decision to the Massachusetts Supreme Judicial Court. On January 29, the case was dismissed for lack of ripeness. The plaintiffs appealed.

North Carolina

On December 20, 2023, a voter challenge filed with the North Carolina State Board of Elections against Trump's candidacy in the North Carolina Republican primary citing Section 3 of the 14th Amendment was denied with the State Board citing a lack of jurisdiction to hear the complaint. On December 29, the plaintiff appealed to the North Carolina Superior Court in Wake County.

Indiana

On February 13, a challenge citing Section 3 of the 14th Amendment against Trump's candidacy in the Indiana Republican primary citing Section 3 of the 14th Amendment was filed with the Indiana Election Commission. On February 27, it was denied.

New Hampshire

In September 2023, New Hampshire Secretary of State David Scanlan stated he would not invoke the 14th Amendment to remove Trump from the New Hampshire Republican primary ballot.

Others

Some states that existed in state courts in Colorado, Michigan, Oregon, and Wisconsin; and in federal courts in Alaska, Arizona, Nevada, New York, New Mexico, South Carolina, Texas, Vermont, Virginia, West Virginia, and Wyoming.

Reactions

Democratic members

Democratic presidential candidates Marianne Williamson and Dean Phillips criticized the Colorado Supreme Court decision to remove another candidate from the ballot.

Republican members

Republican candidates at the time – Chris Christie, Ron DeSantis, Nikki Haley, and Vivek Ramaswamy – all criticized the decision with Christie stating "I do not believe Donald Trump should be prevented from being president of the United States, by any court; I think he should be prevented from being the president of the United States by the voters of this country".Ramaswamy stated he would withdraw from the Colorado primary if the court decision stood.

Violent actions

The first record was reported on December 29, 2023 when Shenna Bellows was swatted.

CNN reported that in the early hours of January 2, 2024, a man broke into the Colorado Supreme Court, opened fire, then surrendered to police. No one was injured, but the building was damaged. Though multiple threats had been made against the four Colorado justices who ruled to disqualify Trump, the Colorado State Patrol suggested that this man may have acted alone. The man's motivations were not immediately publicized.

Results

These ruled from Colorado, Maine, and Illinois has been rejected by the Supreme Court of United States on March 4, the Supreme Court said ruling that states had no authority to remove Trump from their ballots.

The cases in Michigan, Minnesota, Oregon has been rejected by the states' Supreme Court

The problems in California, Wyoming, Louisiana, Wisconsin, Florida, Virginia, Washington (state), North Carolina and Massachusetts has been rejected in sequence - Republican primaries, District courts, Elections Commission, circuit court, state primary ballot, Secretary of State, Secretary of the Commonwealth, Superior Court. -

Notes

• These informations mostly copied from 2024 Presidential eligibility of Donald Trump.

See also

• 2024 Presidential eligibility of Donald Trump
• 2024 Republican Party presidential primaries
• January 6 United States Capitol attack
• Presidency of Donald Trump
• Trial of Donald Trump
• United States of America v. Donald J. Trump
• Legal affairs of Donald Trump as president