“Election interference” is one of Donald Trump’s go-to cries about the myriad legal cases against him. In the 14th Amendment dispute over his ballot eligibility in Colorado that kicked off Monday, one of his lawyers offered that political argument in the courtroom, dressed up as a legal one — but it’s no more convincing in a more formal setting. “This court should not interfere with that fundamental value, that rule of democracy,” Trump lawyer Scott Gessler said during his opening statement .
The people could have decided to not ban insurrectionists from office, but they did. And Colorado law provides a mechanism for voters to raise election challenges like the one here. So it’s the Trumpian critique of the legal action, rather than the action itself, that’s anti-democratic. To be sure, the former president’s argument being weak on this score doesn’t mean he can’t or won’t prevail on the actual issue of his eligibility.
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