And now Maine, removed him.
View attachment 86295
CNN.com
https://www.cnn.com › 2023/12/28 › politics › trump-m...
46 minutes ago — Maine's top election official has removed former President Donald Trump from the state's 2024 ballot, in a surprise decision based on the ...
Unlike Colorado, this was only the first step in the process of removal. The decision to remove was suspended, pending a court ruling. However, the fact that two states have now officially started the process makes it more difficult for the conservative majority to finesse its way around the issue by claiming that the Colorado courts made some procedural error in coming to their decision.
The claim that Congress had to have defined "insurrection" for the purposes of the implementing this ban has no historical precedent, as has been pointed out repeatedly. So the claim that Trump wasn't given due process doesn't seem to have much traction. The Colorado courts made a legal ruling that Trump's behavior met the criteria of the 14th amendment under any reasonable interpretation. Trump's lawyers had every opportunity to pursue that defense, but they didn't bother. They argued that Trump was not an "officer" of the US government, and the lower court agreed with his argument. It lost on appeal. The US Supreme Court is unlikely to resurrect the claim of a need for a criminal conviction, since it was never raised as a defense, but you never know with that bunch. They will be grasping at straws to keep Trump on the ballot in states that ban him.
I seem to recall that Barr was the one who claimed that a president couldn't be investigated or prosecuted for criminal behavior while in office, but he would be liable for criminal acts once out of office. Now Trump is pursuing the claim that he is still immune from prosecution even after leaving office.