Source: https://halturnerradioshow.com/index.php/en/news-page/world/judicial-quackery-of-colorado-state-supreme-court
The Ruling by the Colorado State Supreme Court, which held that former President Trump is “Disqualified” from the Republican Primary Election Ballot pursuant to the 14th Amendment’s “Insurrection” Clause is Judicial Quackery.
Firstly, there is no crime at either the state or federal level, “Incitement to Insurrection” — the crime does not exist.
As a matter of law, “Incitement” cannot be prosecuted by a state unless the speech at issue was “Directed to causing imminent lawlessness” AND “Imminent lawlessness was likely to occur.” This is the two-part standard adopted by the US Supreme Court in “Brandenburg v. Ohio” 395 US 444 (1969) and later reiterated by the same US Supreme Court in “Hess v. Indiana” 414 U.S.105 (1973).
Nothing said by President Trump on January 6, 2021, could reasonably be viewed as “directed to producing imminent lawlessness” or making “imminent lawlessness likely to occur.”
Moreover, President Trump was tried and Acquitted of “Incitement to Insurrection” during Impeachment number 2, which trial took place in the United States Senate from February 9 through February 13, 2021.
In that Impeachment, Trump was explicitly charged by the US House with “incitement to insurrection” and at trial in the US Senate, he was acquitted. It is important to remind everyone that Trump was NO LONGER PRESIDENT when this Impeachment took place, he was a private citizen!
The first question that arose during that Impeachment was “How can the government Impeach a man who is no longer President?” The reply from Congress was that being “barred from holding office under the United States” was one of the potential punishments from an Impeachment process, and the House of Representatives was seeking exactly that!
Then Trump was Acquitted.
As such, he has been tried and Acquitted on the very accusation Colorado now presumes to use to bar him from the Ballot. Have the Justices on the Colorado Supreme Court ever heard of “Double Jeopardy?” It’s forbidden in the country.
Since Trump has not been convicted of a crime, his Civil Rights remain intact. Thus, he has the right to seek the Republican nomination for President of the United States and there’s nothing anyone can do about that.
Had the so-called “Justices” of the Colorado state supreme court bothered to apply actual legal thinking to their ruling, they would have seen there is no crime of “Incitement to Insurrection” Trump had been tried and acquitted for the exact same conduct at the federal level, and his Civil Rights remain intact. Instead the so-called Justices of the Colorado state supreme court, put on their rhetorical Bozo the Clown masks and became Bozos in Black Robes; clowns.
Their ruling shows them to be legal incompetents, who should be impeached from the bench by the Colorado State Legislature, immediately.
I realize that a lot of people in this country are “dumb as a post” but these so-called “Justices” take the cake.
Did they go to school to learn how to be this stupid, or does it come naturally?
Now, I am not an attorney, so I cannot render a competent legal opinion. And that’s good for the so-called justices in Colorado, because as a Layman, I think there actually __is__ a crime here:
Violation of Title 18, United States Code, Sub-Section 242: Deprivation of Rights under color of law.
Here’s the law from the Legal Information Institute:
In my layman’s view, the Justices of the Colorado State Supreme Court have violated the federal law shown above. They have moved to deprive Donald Trump of his Constitutional Rights, under “color of law.” You know, trying to make it look legal, when it isn’t!
The real problem for the Justices in Colorado, and Democrats everywhere else, is that Joe Biden never really got 81 million votes. The claim was a scam. The votes, were fraudulent. The 2020 election was stolen through election fraud perpetrated by the Democrats.
They were only able to get away with it because at the time, they used “COVID-19” as an excuse to have mail-in Ballots and then they produced enough phony Ballots to steal the Presidency. They can’t do that again this year, so they’re in a real jam.
As such, they’re doing everything they think they can, to stop Trump from running.
This action in Colorado is part of that effort. It is just as fraudulent as Joe Biden’s Presidency.
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