Higher Courts Take On the Legality of Trump and the Presidency

The Colorado Supreme Court has heard oral arguments on whether the 14th Amendment's disqualification clause means Trump will have his name taken off the presidential ballot. Glenn reviews some of the arguments made by the parties and highlights some of the absurd positions taken by Trump's lawyers. For example: they are claiming that the January 6th attack on the US Capitol wasn't really an insurrection because "it only lasted three hours" or because "it only targeted one building." Then, the DC federal circuit court of appeals largely affirmed the gag order Judge Tanya Chutkan imposed on Donald Trump, trying to address his dangerous speech and posts. The unanimous appellate court ruling stated, “Mr. Trump’s documented pattern of speech and its demonstrated real-time, real-world consequences pose a significant and imminent threat to the functioning of the criminal trial process in this case.” The court opinion also noted that many of the individuals Trump verbally attacked “have been subjected to a torrent of threats and intimidation from his supporters.” Glenn says perhaps the most encouraging sentence in the entire 68-page opinion is the following: "In this case, the general election is almost a year away and will long postdate the trial in this case."

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