Summary
Transcript
We just got word on this this morning. We will actually be filing an opening brief, what’s called a brief, on the merits. And that brief is going to be due in very short order here. So the time frame is really condensed. Our initial brief will be due on the 18 January. Then we actually now, because the way the court has structured the case, since we’re both parties, both Trump and the Colorado State Central Committee, the Colorado GOP, we then file our second brief in the case, which will be the final word on the case on February 5.
That’s the reply brief that we will file with the Supreme Court. The case will be argued on February eigth, likely that that will be argued by one of President Trump’s lawyers. So we will be filing briefs like everybody else does, all the other parties, which is just us and Trump and the electors that brought the lawsuit, and, of course, crews representing them. And then there’ll be a bunch of amicus briefs filed.
I’ve said it from the beginning, this is bigger than Donald Trump. This is about our ability to vote in free and fair elections. And if we can’t maintain that, then we don’t have a country. And that’s why I was so happy to partner with you guys and intervene in this case early on, because I always thought this would go to the Supreme Court. And here we are now, pretty quick timeline here.
We’re talking about nine days and then a response brief by the fifth, oral arguments on the eigth. And then the questions presented, usually at the Supreme Court, you get kind of a one, two, three. And in this case, they accepted the Trump question presented. And just kind of pulling that the, it says this, the question presented is, did the Colorado Supreme Court err in ordering President Trump excluded from the 2024 presidential primary ballot question mark? So all those issues we talked about, plus more, can be included there.
So what we’re doing is we’re structuring a brief. We just had a meeting with our team where we’re going to cover the three main issues we did, which is the president’s not an officer. John Robertson, in an opinion he wrote in 2010, said, citizens don’t elect officers, they elect presidents. And vice presidents, senators and congressmen, they don’t elect officers, so he’s not an officer under the Constitution. Thus it doesn’t apply.
We also say that the 14th Amendment, section three, is not self executing because section five of the 14th Amendment says Congress shall pass implementing legislation. And then we still have our First Amendment issue as it relates to Colorado GOP. What is interesting here is, because they’ve accepted this broad question, we’re going to take all of the cognizable arguments that could be made here, and we’re going to address them in the opening sections of our brief so that the court really, we’re going to try to lay out, I guess the way I’ve been describing it is a roadmap of multiple off ramps to get a victory here.
Not just one or two, but all the issues, the 14th Amendment issue, the officer issue, the First Amendment associational rights issue, all the issues, we’re going to put all those down so that the Supreme Court can have an opportunity to base its decision on any one of all the issues that are before it. Because the question, as you said, is so broad. We want to give the court as many avenues as possible so that in deciding the case, they can look know.
Two justices may be interested in this particular issue, another 1 may be interested in the 14th Amendment, some may be interested in the First Amendment. So we’re going to try to make it broad and appealing that regard, and the Trump campaign will do theirs. And ultimately, the decision that the court renders will affect both the Trump case and the Colorado GOP case. Remember, it’s the GOPs that are being denied also their right to put on candidates that they deem appropriate.
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