Former federal judge says the Constitution could disqualify Donald Trump in 2024, not Joe Biden's actions

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Former federal judge J. Michael Luttig has rejected claims that the Colorado Supreme Court's ruling to disqualify former President Donald Trump from the state's presidential primary ballot was a politically motivated decision. The court's recent decision marked the first instance where a court accepted the theory that Trump disqualified himself from seeking a second term by attempting to overturn the 2020 election results. In an interview with MSNBC, Luttig defended the constitutional basis for disqualification, stating that it is not inherently anti-democratic and criticizing politicians and media outlets for framing it as such. The Colorado court's ruling has sparked discussions about the constitutional implications of disqualifying a candidate based on their actions.

Luttig emphasized that the Constitution explicitly states that certain conduct, such as engaging in an insurrection or rebellion, can lead to disqualification. He asserted that the constitutional provisions are clear and underscored that the decision to disqualify the former president is based on the Constitution itself. Luttig clarified that the disqualification is not a result of political motivations from President Joe Biden, Democrats, or anti-Trump factions but is rooted in the principles outlined in the Constitution of the United States.

The central legal question in the case revolves around the language of the Constitution's insurrection clause and whether Donald Trump incited an insurrection during the Capitol riot on January 6, 2021.

In a previous ruling, a Colorado district judge acknowledged that Trump had incited an insurrection but concluded that the 14th Amendment's provision disqualifying officials involved in insurrection did not apply to a president. However, the Colorado Supreme Court, in a 4-3 decision, rejected this interpretation and determined that the relevant section of the 14th Amendment does apply to the former president.

The court stated, "We do not reach these conclusions lightly. We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach."