Trump's Lawyers Argue First Amendment Protects Him From 'Insurrection' Cases

Lawyers representing former U.S. President Donald Trump argue that the First Amendment shields him from cases seeking to prevent his candidacy in the 2024 elections, citing a breach of the “insurrection” clause, according to PBS NewsHour reported.

The argument was presented in a filing by a Colorado court on Monday. The case is one of many challenging Trump’s potential candidacy under the 14th Amendment’s Civil War-era clause.

“At no time do Petitioners argue that President Trump did anything other than engage in either speaking or refusing to speak for their argument that he engaged in the purported insurrection,” stated attorney Geoffrey Blue.

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The legal team also argued that the clause doesn’t apply to Trump, stating that the 14th Amendment refers to those who “engaged in insurrection or rebellion,” not those who merely “instigated” any action.

Trump’s lawyers also maintained that the challenge should be dismissed because Trump is not yet a candidate under Colorado election law, which they argue is not designed to resolve constitutional disputes.

The motion filed under Colorado’s anti-SLAPP law will be the first 14th Amendment challenge to be considered in open court. Denver District Judge Sarah B. Wallace has scheduled a hearing for October 13.

Essentially, the issue could reach the U.S. Supreme Court, which hasn’t yet heard a case on the 14th Amendment’s provision, ratified in 1868. Trump’s defense mirrors his stand in criminal cases charging him for his role in the Jan. 6 attack.

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