![]() “The Court finds that Trump’s Ellipse speech incited imminent lawless violence,” she wrote. His lawyers also made that argument in Colorado.īut Wallace rejected those free-speech defenses, and instead concluded that his speech that day “was intended as, and was understood by a portion of the crowd as, a call to arms.” Trump has repeatedly argued that his rhetoric that day was protected speech under the Supreme Court’s precedents in First Amendment cases involving incitement. She devoted 17 pages to examine Trump’s words and whether they fit the legal standard of inciting violence. Notably, Wallace gave a thorough legal analysis of Trump’s incendiary speech at the Ellipse. Judge rejects Trump’s free-speech defense But very few judges in the country have examined Trump’s post-election conduct as closely as Wallace has in this litigation. It’s unclear how this could impact the criminal case. It aligns closely with the federal criminal charges filed by special counsel Jack Smith, who accused Trump of illegally obstructing the Electoral College proceedings. While this lawsuit is not a criminal case, it is a highly notable finding. She also found that Trump “acted with the specific intent to disrupt the Electoral College certification of President Biden’s electoral victory through unlawful means.” Wallace determined that Trump “actively primed the anger of his extremist supporters” and “acted with the specific intent to incite political violence and direct it at the Capitol.” And it’s the first time that any court in the country has ruled that Trump engaged in the insurrection, a watershed moment in the quest for accountability for January 6. ![]() This was a major legal hurdle that the challengers were able to overcome. Trump ‘engaged in an insurrection,’ judge says, but should remain on Colorado ballot Trump engaged in insurrection, judge saysĬolorado District Judge Sarah Wallace concluded – based on testimony of US Capitol Police officers, lawmakers, clips from Trump’s January 6, 2021, speech and expert testimony about right-wing extremism – that Trump engaged in the January 6 insurrection.įormer President Donald Trump delivers remarks during a campaign event on Novemin Claremont, New Hampshire. Here are four takeaways from the major ruling in Colorado. And it could factor into future challenges that are brought for the general election or even to block Trump from taking office if he wins next November. The Colorado ruling isn’t binding on other courts, but it’s the most comprehensive fact-finding to date by a judge about Trump’s attempts to overturn the 2020 election. Legal experts believe the Supreme Court will be asked to weigh in, one way or another, before the 2024 primaries begin. The 14th Amendment, ratified after the Civil War, says officials who take an oath to support the Constitution are banned from future office if they “engaged in insurrection.” But the Constitution doesn’t say how to enforce the ban, and it has only been applied twice since 1919 – which is why many experts view these lawsuits as long shots. Takeaways from the first week of Trump’s defense in the $250 million civil fraud trial A doorman stands outside of Trump Tower, in New York, New York, on April 3, 2023.
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