'Hopeful we’ll prevail': Lawyer aiming to kick Trump off CO ballot breaks down reason for appeal

20 November 2023

Days after a Colorado judge ruled that ex-President Donald Trump will remain on the 2024 ballot after voters sued to disqualify him under the 14th Amendment, lawyer Sean Grimsley explained why he is appealing the decision.

CNN's Erin Burnett asked Grimsley in his first interview since the ruling, "A few hours here before this filing deadline, you're about to file the appeal, what's your main argument?"

He replied, "Well, the main argument is that the judge got one issue wrong. She ruled basically for us on everything except for a very technical legal argument that the section 3 of the 14th amendment does not apply to the president. We think that was incorrect, but that's only the issue we'll be filing on."

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Burnett replied, "Right, in fact she said section 3 specifies the disqualifying oath is one to support the constitution. Whereas the presidential oath is to preserve, protect and defend the Constitution. So she's saying because the word used in section 3 is 'support,' and the word used in the presidential oath are 'preserve, protect and defend,' that's how she's getting to it doesn't apply to the president. And I presume you're taking issue with that?"

Grimsley replied, "Yeah, we're taking issue with that because we think the oath to preserve, protect and defend necessarily includes the oath to support. But she also ruled that the president is not an officer of the United States, and we think that was incorrect and we're hopeful we'll prevail on appeal."

Burnett said, "As you point out, other than the most basic thing, right, which is remaining on the ballot — that's what this was ultimately all about — you lost on that, so you're appealing, but you did win on everything else. I mean she came out and said the First Amendment doesn't apply to his speech, came out and said that he incited insurrection, came out and said he incited violence. And it's all laid out in great detail. And on that front, you're aware of something that I'm not yet aware of, but you're saying that Trump's team is also appealing the ruling."

The Colorado attorney replied, "Yes, so about, I think 20 minutes ago, they filed with the Colorado Supreme Court saying they wanted to appeal 11 different issues from the trial court below, and asking to increase the word count that they get for the briefs by twice as much as they normally get. So, we're appealing one very small legal issue. They're appealing 11."

Burnett then asked, "And when you say they want to extend the word count, because they want to put in very long briefs I presume briefs about issues like insurrection?"

Grimsley said, "I presume so, with 11 questions presented that they're asking for they feel like they need more space. And we're not going to be asking for more any more word count. We've got one issue to appeal and we should be filing that tonight."

The CNN host asked, "How do you have two sides appealing the same ruling at the same time?"

The lawyer replied, "It's not that unusual, when two people think there were some things wrong and I think probably Trump's team wants to make sure that they appeal a variety of issues so that if this ever goes to the US Supreme Court they can argue that the judge got some of those things wrong, but I don't think she did, and I'm hopeful that we'll prevail in the Colorado Supreme Court."

Watch the video below or at this link.

'Hopeful we'll prevail': Lawyer suing to kick Trump off CO ballot breaks down reason for appealwww.youtube.com

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