NJ Spotlight News
Colorado bans Trump from primary ballot. More to follow?
Clip: 12/21/2023 | 4m 43sVideo has Closed Captions
A similar move to disqualify the former president was denied in NJ last year
The Colorado Supreme Court on Tuesday ruled that former President Donald Trump is not qualified to hold office, resulting in the removal of his name from the state ballots for the 2024 presidential primary or general elections. A similar effort to disqualify the former president from the ballot was brought before the courts in New Jersey last year by John Bellocchio, but his request was denied.
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NJ Spotlight News is a local public television program presented by THIRTEEN PBS
NJ Spotlight News
Colorado bans Trump from primary ballot. More to follow?
Clip: 12/21/2023 | 4m 43sVideo has Closed Captions
The Colorado Supreme Court on Tuesday ruled that former President Donald Trump is not qualified to hold office, resulting in the removal of his name from the state ballots for the 2024 presidential primary or general elections. A similar effort to disqualify the former president from the ballot was brought before the courts in New Jersey last year by John Bellocchio, but his request was denied.
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Learn Moreabout PBS online sponsorshipThe Colorado Supreme Court ruled on Tuesday that former President Donald Trump is not qualified to hold office and is therefore banned from appearing on Colorado's ballot for the 2024 presidential primary or general election.
The high court, citing the 14th Amendment of the United States Constitution that says no person shall hold any office who engaged in insurrection or rebellion.
A similar challenge was brought before the courts here in New Jersey by my next guest, who's a resident of Mahwah, John Bellocchio.
His request was denied and he's here to talk about it and about what comes next.
Jon, great to have you with us.
Thanks for talking with us today.
Now, we know that the Colorado Supreme Court ruled to keep Trump off of the 2024 ballot.
You had a similar challenge in the courts here in New Jersey.
Tell us about that challenge and what happened to it.
So right now, there's been a strategic withdrawal because we filed at the exact same time that Minnesota and Colorado did.
The strategic withdrawal was put in place because the Colorado Court of Appeals, the intermediate court in Colorado, actually sided against those folks who brought suit.
And within a day, the Minnesota Supreme Court actually sided with the former president.
So we needed to withdraw and take a look at how best to proceed.
And now that the Colorado Supreme Court decision has come down, we have a pretty good idea of how to proceed right after Christmas.
I think it's important to note that then secretary of state now Lieutenant governor, he should weigh actually, at the time of your first complaint, urged the courts to dismiss it.
I believe she said it was it was either presumptive or speculative.
And forgive me if I don't have the legal verbiage correct, but explain why she did that.
So Lieutenant Governor Way directed her counsel.
You are correct, because presumptive meaning she was not sure that Donald Trump was going to be the nominee upon original filing.
What we did this there were eight Republicans in addition to Trump seeking the nomination.
We're down to New Jersey's former governor, Chris Christie and Nikki Haley.
Really, people are going to be in the hunt.
And frankly, I mean, the polls just show that there's not enough math on the table.
And so I think the results are no longer presumptive.
I don't think there's a valid argument.
And ultimately, this is very likely to go to the United States Supreme Court where they're going to need to take this on.
How do you believe this court will rule on this issue of the 14th Amendment and Donald Trump not being able to serve?
Because and also there's been no conviction yet, right, of an insurrection charge.
So how do you think this Supreme Court is likely to rule?
Well, I think they're actually likely to rule 5 to 4 in the favor of individuals who are trying to take Mr. Trump off the ballot.
And I'll tell you exactly why I think that is.
First of all, the 14th Amendment to the U.S. Constitution, Section three shows that it is self executing.
The question is, with any reasonable person, believe that what happened on the morning of the 6th of January qualify as behavior that is an insurrection.
And I think by and large, when you look at the horrible events that transpired that day, the answer is yes.
And I mean, Mr. Trump is on tape directing people to go to the Capitol and do this.
So it's a self-executing clause.
There doesn't need to be a conviction.
And the New Jersey Constitution prevents those who have committed treason against the state or the United States from receiving the electoral votes of the state of New Jersey.
So ultimately, in the United States Supreme Court, you believe that there would be a ruling in favor of removing former President Donald Trump from the ballot?
I do.
I think the three liberal justices and I think they would be joined personally, I think they would be joined by Chief Justice Roberts and very likely by Justice Coney Barrett.
They are fair with strict constitutionalists, and I think they very much want to preserve the quorum of the government.
I think they don't want insurrection when they sit here.
I don't think they're political.
John Bellocchio, interesting perspective there.
Thank you for coming on, sharing it with us.
You're very welcome.
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