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Trump Fraud Lawsuit
Seth Wenig

Colorado Is Ground Zero in Ploy to “get Trump” off the Ballot: Millions of Voters Could be Disenfranchised

By Betsy Barnett

November 8, 2023

Former President Donald Trump is the leading candidate in the nation currently to win the 2024 Presidential election. He leads the field of other Republicans in the race by nearly 40 points and he even leads current President, Joe Biden, by 4 to 8 points depending on what poll is being considered. That all being said, the Democrats, obviously, but also a group of neo-conservatists, dubbed as Rinos, are also out to do whatever it takes to "Get Trump" even to the point of taking him off the ballot in as many states as they can before the primaries begin early in 2024.

Trump has been experiencing the “Get Trump” treatment through lawfare since last year when Biden’s DOJ raided his home, Mar-a-Largo in Florida, claiming he stole top-secret classified documents. Although, Trump has argued he has a right to the documents as the President of the country, he’s currently in criminal court in Florida fighting through that case. Then there’s the criminal charges in Georgia where District Attorney for Fulton County, Fani Willis, has indicated Trump and over a dozen of his closest advisors and attorneys on RICO charges stemming from the 2020 election when Trump requested Georgia officials look at the fraud, as Trump believed it to be, that occurred in some of the larger counties in the state. And finally, Trump is facing a tribunal in New York where an activist Attorney General named Latitia James ran her political campaign on getting Trump. James has filed criminal charges stating Trump committed fraud on his loan applications. In New York they are trying to break up his extensive financial holdings.

All in, before the Colorado case began, Trump tweeted that he has spent well over $10 million on legal fees thus far trying to defend himself from the 78 felony charges that would put him in prison for an unheard of 641 years.

Now Colorado, with its deep Blue majority in every leadership and power position in the state, except three Republicans in the U.S. House of Representatives, and an activist Secretary of State who has clearly shown bias on numerous occasions on her Twitter account against Trump, is the place where perhaps Trump’s final battle will take place.

Meet the Plaintiffs

The Plaintiffs in the Colorado case includes 4 Republican voters and 2 Unaffiliated voters. These six people have taken it upon themselves to ‘get Trump’ off the ballot in defiance of millions of Colorado voters who want to vote for the former President. Currently, Trump leads Biden in Colorado by 4%.

(Note: Descriptions of plaintiffs in Anderson et al v Jena Griswold comes from several sources including Colorado Politics)

  • Norma Anderson: an elderly former state GOP representative and senator from Lakewood now retired from politics
  • Michelle Priola: A personal coach who is married to state senator Kevin Priola, who switched from Republican to Unaffiliated in 2022. Michelle Priola is still a registered Republican
  • Claudine Cmarada (married name Schneider): Republican from Boulder; Independent consultant on environmental matters and ecological economics. She comes from the East Coast where she was a congresswoman from Rhode Island. Endorsed Obama in 2008, Hillary Clinton in 2016, and Joe Biden in 2020
  • Krista Kafer: A Republican activist and political commentator
  • Kathy Wright: a former Loveland city councilwoman; registered Unaffiliated
  • Christopher Castilian: former Chief of Staff for Governor Bill Ownes; registered Unaffiliated

The suit was filed by Citizens for Responsibility & Ethics in Washington. A super pact that is financially supported by several wealthy Democrats and Republicans, and others including George Soros’ Open Society Foundations.

Meet the Judge

Judge Sarah Wallace – appointed to the Denver District bench in August 2022 by Governor Polis; In October 2022 made a $100 political contribution to the Colorado Turnout Project whose website reads in part: “The group was formed shortly after Colorado Republicans refused to condemn the political extremists who stormed the U.S. Capitol on January 6, 2021.” Further, “A contribution to the Colorado Turnout Project shows support for the view that January 6, 2021, constituted an insurrection.”

On October 27th, Trump’s lawyers filed a motion requesting Judge Marshall recuse herself from the case because her political donation shows direct bias with the Colorado ballot case. Marshall refused on the grounds that she made that donation in October 2022 before she became a judge in January 2023. She stated, “I have formed no opinion whether the events of January 6 constitute an insurrection.”

In addition, Wallace has made political donations to the 2022 campaigns of Colorado Attorney General Phil Weiser and Colorado Secretary of State Jena Griswold. Griswold is named in the Trump Ballot lawsuit.

The Basis of the Lawsuit

The lawsuit’s foundational argument utilizes Section 3 of the 14th Amendment which states, “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.”

So, the question comes down to whether Trump engaged in or incited an insurrection on January 6, 2021.

The plaintiff’s lawyers utilized the findings of the controversial J6 Committee headed up by Republican Liz Cheney of Wyoming who lost her bid for re-election by a huge margin in 2022 when her constituents were furious with her comments and actions on behalf of the J6 Committee. This was a committee that consisted of 11 Democrats and two neo-con Republicans, Cheney and Adam Kizinger.

The plaintiff’s witnesses included two members of the Capital Police who were present that day, a professor in sociology, a professor who wrote a book on insurrections, and U.S. Congressman Eric Swalwell, who was a member of the J6 committee. The evidence presented in the trial thus far has been provided by the J6 Committee including the research and professionally produced videos the J6 Committee paid a Hollywood producer to create.

Trump’s lawyers have made numerous arguments in the case including the following:

  • The 14th Amendment is a Constitutional issue and therefore should be considered at the Federal level not in a state court. It should be considered by Congress who didn’t even impeach Trump for causing or aiding in an insurrection
  • The 14th Amendment has never been applied to a sitting President in modern times and was passed in 1868 in response to Confederate sympathizers trying to run for office. It has only been used for that purpose in the history of the country
  • Trump has never been charged, let alone found guilty of, insurrection
  • At its basest level it is clearly Election Interference
  • It’s anti-democratic as it extinguishes the voters’ chance to choose the leader of an election
  • Six voters in Colorado will disenfranchise the millions of voters who want to vote for Trump in Colorado, and in the process may affect millions more across the country who want Trump as their President
  • In trying to interpret what Trump said on January 6th and leading up to that day, it takes away his First Amendment right to free speech
  • The Plaintiffs are leaning on the J6 Committee findings to make their argument although that report was highly criticized and didn’t even contain a Minority Report, which is the usual method in Congress

In perhaps the most damning testimony in the trial came on Tuesday when the defense called former Chief of Staff to U.S. Secretary of State under Trump and former National Security Council senior director for counterterrorism Kash Patel to the stand. Patel gave a bombshell testimony pointing out why Trump prosecutor Jack Smith in the other criminal cases has not charged Trump with insurrection.

Patell said in an interview on Warroom on Wednesday, “This is a lawfare case. The funny think about the truth is it never changes.” Patel was referencing the testimony he gave in front of the J6 committee more than a year ago. “I gave them the same exact information under oath as I did yesterday in the trial in Colorado. It was a simple layout of the National Guard situation, DOD’s position in it, President Trump’s position, and what the law actually allowed us to do.“

According to Patel they are trying to say Trump didn’t order the National Guard. They also wanted Trump to order FBI agents on January 6. The testimony Patel gave was that Trump offered the National Guard, but Speaker Nancy Pelosi and D.C. Mayor Muriel Bowser denied his suggestion. According to Patel, he submitted a written letter to J6 Committee from Bowser that never saw the light of day stating she did not want the National Guard at the Capitol on January 6. Finally, according to Patel’s testimony, the law prohibits Trump to call out the National Guard except in DC, although Trump had given deference in decision making to the Mayor. The National Guard was eventually called out to the Capitol when the riot began.

On Thursday the defense called Colorado Congressman Ken Buck who testified over Webex. Buck described, from his perspective, what it was like on January 6 on the floor of the House. He also discussed his knowledge, which was very little, about the processes and procedures taken by the J6 Committee. Buck believed the Committee had not conducted a fair, two-sided investigation, but rather they started with a conclusion and then went looking for evidence to support that conclusion.

Buck, who very recently announced he was not seeking re-election in 2024, told the court much of the reason behind his decision to step down is because of the divisiveness of the Republican Party where Buck believes there is no evidence the 2020 election contained fraud in amounts large enough to change a Presidential election outcome.

Political experts watching the show trial in Colorado predict Trump will lose in the liberal atmosphere of the state and the case will be slow walked to the Colorado Supreme Court, another majority Democrat body, where he will more than likely lose again sending it to the United States Supreme Court. In the meantime, Colorado’s primary is on March 5, 2024. What will that mean to the millions of voters who want to vote for Trump who will have to win the Primary to be in the General election.

Other states are watching the Colorado case very closely. Although a judge in New Hampshire has thrown out an attempted case to get Trump off the New Hampshire ballot, there is momentum bubbling in Minnesota, Michigan, and Arizona—with the help of the super pacts—to get Trump off those ballots as well.

Eventually, one would think the U.S. Supreme Court, the highest court in the land, would put a stop to such obvious disenfranchisement for millions of Americans, but by the time it gets to them, the media spin in the public will have us convinced otherwise.

Updated from original version published in the November 8, 2023 edition.

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