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Episode description:

John is joined by Sean Grimsley, Partner at Olson, Grimsley, Kawanabe, Hinchcliff & Murray LLC, one of the lawyers who represented the plaintiffs in the case in which the Colorado Supreme Court made the historic ruling that former President Donald Trump is not eligible to be elected President in 2024.  They discuss how Sean became involved in the case which his firm filed the day after it first opened its doors, how the case progressed rapidly as a special expedited state court proceeding under the Colorado Election Code, and the bench trial that concluded less than two and a half months after the case was filed.  They also discuss the fact witness who testified about the events of January 6, 2021 and the battle of historical legal experts on the original meaning of Section Three of the 14th Amendment which provides that no person may hold federal office if they previously took an oath of loyalty to the United States and later engaged in insurrection against it.  They also discuss the defenses asserted that the Colorado Election Code did not apply, that the Presidency is not an “office” within the meaning of the 14thAmendment, that this was a political question under federal constitutional law, that the only actions complained of consisted of protected speech under the First Amendment, and that the events of January 6 did not amount to an insurrection.  Finally, they discuss the expedited  appeal of the trial court’s decision before the Colorado Supreme Court, the likelihood that the U.S. Supreme Court will review the case and the status of similar 14th amendment  suits in other states.

Published: Dec 23 2023

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