This section states that no person holding office "shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."
A watchdog group based in Washington, DC is representing a group of Colorado voters in a lawsuit seeking to block 2024 GOP frontrunner Donald Trump from being on the ballot in the state under the 14th Amendment.
In a Wednesday press release, the Citizens for Responsibility & Ethics in Washington (CREW) claims that Trump has "disqualified himself from public office by violating Section 3 of the 14th Amendment."
This section of the Constitution states that no person holding office "shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."
The lawsuit, brought forth on behalf of six Republican and unaffiliated Colorado voters, claims that Trump violated his oath of office after losing the 2020 election "by recruiting, inciting and encouraging a violent mob that attacked the Capitol on January 6, 2021 in a futile attempt to remain in office."
"If the very fabric of our democracy is to hold, we must ensure that the Constitution is enforced and the same people who attacked our democratic system not be put in charge of it," CREW President Noah Bookbinder said.
"We aren’t bringing this case to make a point, we’re bringing it because it is necessary to defend our republic both today and in the future. While it is unprecedented to bring this type of case against a former president, January 6th was an unprecedented attack that is exactly the kind of event the framers of the 14th Amendment wanted to build protections in case of. You don’t break the glass unless there’s an emergency."
CREW noted that they represented residents of New Mexico last year in a case to use Section 3 to remove county commissioner Couy Griffin from office, and succeeded, the first time this has been successful since 1869.
"The judge in that case determined January 6th was an insurrection under the Constitution and that someone who helped to incite it–even if not personally violent–had engaged in insurrection and was disqualified from office," CREW wrote.
"Spending 19 years as a state legislator and serving in leadership gave me the opportunity to work across the aisle and to always work to protect the freedoms our Constitution has given us as citizens," said former Colorado House and Senate Majority leader Norma Anderson. "I am proud to continue that work by bringing this lawsuit and ensuring the eligibility of candidates on Colorado ballots."
In a statement to ABC News, Steven Cheung, a Trump campaign spokesperson said, "The people who are pursuing this absurd conspiracy theory and political attack on President Trump are stretching the law beyond recognition."
He added that "There is no legal basis for this effort except in the minds of those who are pushing it."
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