Justice Alito indicates that states could go after Biden for releasing funds to Iran if Colorado decision holds

Justice Samuel Alito questioned attorney Jason Murray, who was representing Colorado before the Supreme Court on Thursday to argue that Colorado has the right to strike Donald Trump from the presidential ballot in 2024. In so doing, Alito questioned what other actions a president could take that could be construed as insurrection and lead to that president's prosecution. 

"And suppose there's a country that proclaims again and again and again that the United States is its biggest enemy," Alito asked. "And suppose that the President of the United States, for diplomatic reasons, thinks that it's in the best interests of the United States to provide funds or release funds, that so that they can be used by that, by that country could a state determine that that person has given aid and comfort to the enemy, and therefore keep that person off the ballot?"

In October, Biden allowed $6 million of sanctioned funds to be returned to Iran, a nation that has nefarious motives with regard to the United States. Shortly thereafter, a massacre was carried out by Palestinian terrorists Hamas, and reports emerged that the attack was green-lit by Iran.

Murray said that no, this would not be a condition that could be categorized as insurrection. 

"No, your Honor," Murray said. "This Court has never interpreted the aid and comfort language which also is present in the treason clause. But commentators have suggested it's been rarely applied because treason prosecutions are so rare, but commentators have suggested that first of all, that aid and comfort really only applies in the context of a declared war, or at least an adversarial relationship where there is in fact a war between two countries. And second, the intent standard would do a lot of work there because under Section 3, whatever the underlying conduct is engaging in insurrection or aid and comfort has to be done with the intent to further the unlawful purpose of the insurrection or or to aid the enemies in their pursuit of war against the United States."