I read the article, but it fails to elaborate on how it’s a worst case scenario for Trump.
How does Colorado finding Trump guilty of insurrection, but not barring him from the ballot, hinder him in any meaningful way?
this post was submitted on 20 Nov 2023
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The article is trying to articulate the doctrine of res judicata, which refers to the significance and deference given to the judge's findings of fact as to whether Trump factually incited the mob and intended to disrupt the certification. It found that he did.
As I understand, Trump is a party to the suit and the matter was fully litigated. Non-partys may now use this finding offensively such as in a civil rights case by the deceased capital police officers' families. The issue of whether Trump incited the riot cannot be relitigate. He did, and other courts must now so find. The issue is precluded.
So there might possibly be consequences if someone sues him in Colorado over 1/6, but only if he hasn't been crowned king yet?
Fed court is fed court. Unless the issue was decided on a point of law on which two circuit courts of appeals are split, the preclusive effect should apply in any fed court.
Yeah, sure, we can go with that...
Not a lawyer, and I agree the article is confusing, but my takeaway is that they will appeal to a higher court and the ruling will hurt him there? Maybe it hurts him in other states too. I think the point of the trial is to take this up to the supreme court, and whether he wins or loses, it was destined to escalate to that level.
Because the logic the judge used in his favor is that the US president is not an officer of the USA, and that’s a very flimsy argument that probably won’t stand up on appeal.
Because the legal reasoning for NOT barring him from the ballot is flawed (she claimed he's not an "officer of the United States") and will almost certainly be overturned on appeal and/or in the Colorado Supreme Court. In essence, the judge set the table for Trump to get screwed.
Maybe because Trump being an insurrectionist becomes an established judgement that can be citied in other cases?
Still no consequences.
I'm not following how it was a factual finding that he did commit insurrection, the Constitution says people who committed insurrection are barred from office, but the court ruled he should stay on the ballot.
The judge stated that the president is not an "official of the United States" which is obviously flawed. So if/when that flawed decision gets overturned on appeal, he is then off the ballot since the facts have already shown he committed insurrection. It turns out that "factual" findings of a case almost never get overturned on appeal, while "legal" findings of the case often are. In essence, this judge put him in "check" and when the legal finding is overturned it will be checkmate.
It could be a legal technicality like the court saying they find him guilty of insurrection but the plaintiff doesn't have standing or the court doesn't have authority to kick him off the ballot, so they're punting up to a higher court. I wish a legal expert would break it down for us lay people.
I believe the actual reasoning is that that amendment only applies to "officers of the us government", which the president is not... which is a stupid technicality...
But that's the point. The "stupid technicality" will be what is appealed and, if/when overturned, Trump will be FUBAR.
The judge ruled that the President is not an officer of the Unites States, despite clearly establishing him as the Chief Executive Officer of the Unites States earlier in the case.