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[News] Trump argues First Amendment protects him from 'insurrection' cases aimed at keeping him off ballot (apnews.com)

submitted 1 year ago* (last edited 1 year ago) by [email protected] to c/[email protected]

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DENVER (AP) — Attorneys for former President Donald Trump argue that an attempt to bar him from the 2024 ballot under a rarely used “insurrection” clause of the Constitution should be dismissed as a violation of his freedom of speech.

The lawyers made the argument in a filing posted Monday by a Colorado court in the most significant of a series of challenges to Trump’s candidacy under the Civil War-era clause in the 14th Amendment. The challenges rest on Trump’s attempts to overturn his 2020 loss to Democrat Joe Biden and his role leading up to the violent Jan. 6, 2021, attack on the U.S. Capitol.

“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,” wrote attorney Geoffrey Blue.

Trump also will argue that the clause doesn’t apply to him because “the Fourteenth Amendment applies to one who ‘engaged in insurrection or rebellion,’ not one who only ‘instigated’ any action,” Blue wrote.

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[–] [email protected] 0 points 1 year ago (1 children)

He used the same language literally every politician uses to get elected and build support for their base. That's what "fighting" is to politicians. Where was your outrage when Chuck Schumer used language suggesting consequences for non-compliance with his wishes?

[–] [email protected] 1 points 1 year ago* (last edited 1 year ago)

Your reply to me was hard to parse (so I don't have a question around it) but what Chuck Schumer quote are you referring to? What did he say?