Posted on 11/20/2023 9:04:25 AM PST by Signalman
Speaking with MSNBC host Jen Psaki on Sunday afternoon, former Solicitor General Neal Katyal explained that a ruling by District Judge Sarah B. Wallace on Friday may have kept Donald Trump on the Colorado ballot for now but it could blow up on him at a later date.
Katyal was quick to note that Judge Wallace agreed with the petitioners that the former president took part in an insurrection at the end of his term but used a narrow interpretation to say he is not in violation of the 14th Amendment.
According to the legal analyst, the ruling was "the very worst decision Trump could get."
'If I were to put the headline on Friday, as an appeals lawyer, it would be this is the very worst decision Donald Trump could get from the trial court," he began. "Because it's going to go on appeal to the Colorado Supreme Court, perhaps the U.S. Supreme Court and there Trump is going to face extreme headwinds."
"And the reason for that is the fact — there's two parts," he continued. "There's a factual finding, that the judge said, which is Trump committed insurrection, and then there's a legal part that the 14th Amendment doesn't apply to the office of the presidency. On appeals, Jen, the factual findings get massive deference by the appeals court. It's almost impossible to overturn a trial judge's factual finding."
(Excerpt) Read more at msn.com ...
There is no factual finding that Trump committed an insurrection. He has never been charged with an insurrection, but more importantly he has not been convicted of committing insurrection except in the court of opinion, which this judge in her court repeated this opinion held by most on the left, including herself apparently.
The fact that she ruled legally that the 14th Amendment does not apply to the president in the only true verdict rendered by her court. I believe it will hold up in any other court it is taken to.
This, I believe, is the 4th court who has ruled in Trump's favor on this issue. Thus setting a precedent of sorts, is it not?
the judge should not be a judge With such logic.
For one, it is not a factual finding, it is merely the opinion of the leftist judge who is trying to sit on both sides of the fence.
Second, there has been no trial wherein Trump was convicted of insurrection and there won’t be, especially now since the video tapes have been released.
Third, am I the only one who knows that Chief Justice Roberts has already ruled that the president of the United States is an elected official and as such is not an officer of the Federal government.
To low on the looks scale. Way to high on the crazy scale. She’s in run forest run territory.
I am happy to plead guilty to reading too much into the quote.
But I think the essential point is that the journalist is reading too much into the matter. Or else (more likely) seeking to intentionally mislead the ignorant public (that's me).
The topic is "insurrection" and the judge made a "factual finding". Well! Done! It's over! Trump and insurrection? It's a fact!! The judge said so!
That IS what the media is trying to tell people. It's gaslighting.
I look at the whole thing opposite of MSN.
The Colorado judge ‘believed’ that Trump was part of the ‘insurrection’ but still immune from the 14th Amendment.
That means it’s dead in every state and locality that attempts to use the ‘angle’ to keep Trump off the ballot. Even if the Judge is convinced of insurrection on Jan 6th, it doesn’t matter because it isn’t part of the 14th Amendment. Therefore, it’s now a COMPLETELY legally dead issue. The judge has an opinion about guilt, but it wasn’t a trial about guilt, it was about being on the ballot. Frankly, the Judge says that it doesn’t matter if he is guilty he still on the ballot.
What is really eye opening is what is the Judge going to thing after they see the video of the Capital Police, without provocation, firing into the designated protest area that resulted in protesters dying. This wasn’t an ‘accident’ or ‘mistake’ like Kent State, this was planned and illegal actions that resulted in deaths.....it was MURDER. That’s what the Democrats call insurrection, when they fire on a legal protest, it a protest area, and MURDER people.
Uh, that ain't no fact.
President Trump will outlast the corrupt government of Colorado by a long shot.
“Katyal was quick to note that Judge Wallace agreed with the petitioners that the former president took part in an insurrection at the end of his term but used a narrow interpretation to say he is not in violation of the 14th Amendment.”
The ruling is a judgement without trial, presentation of evidence or a conviction, i.e. no due process.
I’ve been harping on appealing the finding of fact decision.
What basis in law or what constitutional definition of insurrection did the judge make her “finding of fact” ?
How does a state judge get to make a determination about a constitutional matter ?
A Pox on all their houses.
As if a “finding of fact” by some piddly circuit court judge in one state has any bearing on the rest of the nation.
It’s MSNBC Jake
Only crowd MSNBC can raise is when it’s time to slop the hogs.
More bull shit ! Some insurrection , no guns. The people protested a stolen election.
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