Trump ‘WAS an Enemy of the Constitution’: George Conway Justifies Legal Basis for Colorado Supreme Court Ballot Decision
Conservative anti-Trump attorney George Conway spelled out the legal basis for the Colorado Supreme Court’s ruling to declare former President Donald Trump ineligible on the state’s 2024 presidential ballot.
The Colorado Supreme Court ruled on Tuesday that Trump was disqualified for the presidency under Section Three of the Fourteenth Amendment, which forbids anyone who “engaged in insurrection or rebellion” to hold office. The court based its decision on Trump’s actions leading up to the January 6th attack on the U.S. Capitol by his supporters.
As the Trump campaign declares they will appeal the decision before the Supreme Court, Conway joined Morning Joe on Wednesday to talk about all of this, and he was asked who will determine whether Donald Trump committed insurrection against the Constitution. Conway answered Joe Scarborough’s question by noting that the constitutional provision doesn’t say it only applies to those who’ve been convicted of insurrection; therefore, “the courts are free to determine on their own, based upon the valid judicial processes what is an insurrection and whether the facts meet that.”
What happened here was there was a five-day trial where Donald Trump and his lawyers got to participate, and the judge made extensive findings. A judge that actually ruled for him on a bogus ground found that he engaged in insurrection, found this by not just a preponderance of the evidence, which is your lower basic civil court standard, but by clear and convincing evidence, which means it’s way more than more likely than not. It’s very strong evidence.
And you don’t see the dissent challenging those findings at all. And in fact, there’s no basis to challenge the findings. When you go to the majority opinion and you read the 30 or 40 pages on what happened on January 6th and what Donald Trump did before and during January 6th, there’s no dispute. We saw it on television. We know what happened. He fomented. He engaged in an insurrection. He wanted this to happen. And not only that, there’s another provision in Section 3 of the Fourteenth Amendment that talks about giving aid and comfort to enemies of the Constitution. Well, he did that. We was an enemy of the Constitution!
If this decision gets overturned, it’s not going to be on the basis of the factual findings. And I’ll say this about a jury trial. There’s no basis for demanding a jury trial here. Any first year law student will tell you that because this is not the civil case for damages where you do get a 7th Amendment right to a jury trial. This is election litigation.
Watch above via MSNBC.
