Trump Barred, But Only After a Trial - As Predicted

WASHINGTON - Dec. 19, 2023 - PRLog -- The Colorado Supreme Court has removed Donald Trump from the state's 2024 ballot because of the 14th Amendment's "insurrectionist ban," but only after he was given an evidentiary hearing or trial at which he was accorded all the protections of Due Process as required by the Constitution.

Although many legal scholars had argued that no evidentiary hearing was required because the ban was to be "self executing," while many others argued for a variety of reasons that the amendment could not be used to oust the former president at all, public interest law professor had argued that Trump could be kept off the ballot, but only after the Due Process guaranteed by the Constitution was afforded him by holding a trial.

According to media reports, the legal analysis Banzhaf submitted to officials was instrumental in New Hampshire; see, e.g.:
Documents Reveal New Hampshire Review of Trump's Ballot Access Came After Outside Legal Analysis which reported:

"With no conviction on a charge of insurrection, Trump has a right to due process before a state could remove him from the ballot, argued John Banzhaf, a public interest law professor at George Washington University."  [emphasis added]

Banzhaf's legal analysis had also been featured in The Vermont Daily Chronicle: Connecticut is 13th state considering Trump ballot ban (https://vermontdailychronicle.com/banzhaf-connecticut-is-...) and was also filed with the appropriate authorities in his formal legal request that Colorado keep Trump off the ballot entitled "Formal Legal Petition, Complaint, and Demand Pursuant to Section 3 of ARTICLE XIV."

The Colorado Supreme Court made it clear that it relied upon the trial in its decision to bar Trump from the ballot, saying: "We conclude that the foregoing evidence, the great bulk of which was undisputed at trial, established that President Trump engaged in insurrection."

The activist law professor says he feels vindicated that his legal analysis apparently proved to be the correct one, and he hopes today's ruling will encourage similar challenges and similar rulings in other states.

http://banzhaf.net/   jbanzhaf3ATgmail.com   @profbanzhaf