(C) Ohio Capital Journal
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Ohio Sec. of State LaRose sides with Trump in Colorado case to keep him from ballot [1]
['Susan Tebben', 'More From Author', '- December']
Date: 2023-12-01
Ohio’s Secretary of State Frank LaRose has signed on to a brief arguing former President Donald Trump was “wrongfully” accused of engaging in an insurrection.
In Colorado, a Denver District Court judge rejected efforts to get Trump barred from the 2024 presidential ballot under the insurrection clause of the 14th Amendment, despite finding that Trump did engage in an insurrection on Jan. 6, 2021, according to the OCJ’s sister outlet, Colorado Newsline.
That ruling was then appealed to the Colorado Supreme Court, which has scheduled oral arguments for Dec. 6.
The 14th Amendment is the clause of the U.S. Constitution that prohibits “officers of the United States” from engaging in “insurrection or rebellion” against the country, like the events that happened at the U.S. Capitol on Jan. 6, 2021.
The Ohio Secretary of State’s Office sent out a press release announcing LaRose’s inclusion in the court brief that argued the lower court “should have decided this matter on a motion to dismiss, rather than declare President Trump an ‘insurrectionist,’ according to the court brief.
“This is a classic case of judicial overreach, and the (lower court judge’s) ruling in this case has no basis in law,” Ohio’s elections chief is quoted in the release. “The district court’s order relies on flimsy and circumstantial evidence to reach a flawed conclusion with far-reaching implications both for the president’s own legal defense and for the broader democratic process of free and fair elections.”
The brief, also signed by the secretaries of state from Wyoming and Missouri, goes on to say allowing the insurrection ruling to stand “could prejudice future defenses to claims that President Trump engaged in an insurrection.”
“The decision of the (Denver) district court, if upheld, not only sets a concerning precedent but also encroaches upon the fundamental rights of voters, a principle deeply embedded in our democratic fabric,” the brief states.
Despite the fact that the judge said Trump could remain on the presidential ballot in Colorado, LaRose and the other two secretaries of state said the ruling should have been more definitive in dismissing the case, rather than acknowledging insurrection.
The judge’s finding “regarding President Trump’s actions on January 6, 2021,” could “potentially prejudice the ability of President Trump or other states to challenge the legal conclusions,” meaning LaRose and the other secretaries of state believe Trump may be prevented “from asserting a proper defense on the issue of whether President Trump engaged in an insurrection,” or “relitigating the issue,” the brief states.
“The ultimate end of which would undermine the integrity of other states’ elections by artificially limiting ballot access, thus effectively depriving voters in other states from making their own decision in the 2024 presidential election,” according to the brief.
The secretaries of state also call into question allowing the U.S. House Select Committee’s January 6th final report as evidence in the case, calling the committee from which the report came “a committee that did not have any appointees made by the minority party and whose bias has become increasingly clear as more security camera footage of January 6th continues to be released to the general public.”
LaRose’s Thursday press release on the brief also says he “has repeatedly stated that he will oppose any effort to prevent presidential ballot access in Ohio based on fringe legal theories related to the 14th Amendment to the (U.S.) Constitution.”
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[1] Url:
https://ohiocapitaljournal.com/2023/12/01/ohio-sec-of-state-larose-sides-with-trump-in-colorado-case-to-keep-him-from-ballot/
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