October 31, 2023
U.S. Representative Eric Swalwell (D-California) is expected to testify in a Colorado trial aiming to determine whether former President Donald Trump is eligible to be on the state’s 2024 ballot under the 14th Amendment’s “insurrectionist ban,” reports The Hill.
A lawyer for Citizens for Responsibility and Ethics in Washington (CREW), which brought the case, said Monday that Swalwell will explain “how the mob” that attacked the Capitol on January 6, 2021, “disrupted the core constitutional process of a peaceful transfer of power.”
“I thought it was one of the safest places, one of the most heavily fortified places in the world,” Swalwell told the San Francisco Chronicle in January 2021. “That’s one of the most unsettling things about the day. It is such a sacred, symbolic, and fortified space. I am still in disbelief.”
The lawsuit, filed in September by CREW and six Colorado voters, suggests Section 3 of the 14th Amendment disqualifies Trump from holding office again. The amendment says anyone who took an oath to support the Constitution but then “engaged in insurrection or rebellion” against it cannot hold office.
The plaintiffs assert that Trump’s role in the Capitol attack—inflaming his supporters with false claims of election fraud and directing their aim at the Capitol—meets that threshold.
Colorado Judge Sarah Wallace is overseeing the bench trial—meaning, there is no jury and she will be the sole decider of the case’s outcome.
Wallace said the trial will address nine topics, including the meaning of “engaged” and “insurrection” as used in the 14th Amendment and whether Trump’s conduct qualifies.
The trial is expected to last about a week.
Research contact: @thehill