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Trump asks Supreme Court to overturn Colorado ballot eligibility ruling

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Trump asks Supreme Court to overturn Colorado ballot eligibility ruling

WASHINGTON — Former President Donald Trump on Wednesday asked the Supreme Court to overturn a state court ruling in Colorado that said he is ineligible to appear on the state primary ballot because of his actions leading up to the Jan. 6, 2021, attack on the U.S. Capitol.

The Colorado Republican Party had already filed its own appeal. Based on language in the state court ruling, Trump for now remains on the Colorado ballot until the Supreme Court acts.

The Colorado Supreme Court based its Dec. 19 ruling on language in the Constitution’s 14th Amendment that prohibits those who “engaged in insurrection” from running for various federal offices. The case raises various novel legal questions, including whether the language applies to those running for president and who gets to decide whether someone engaged in insurrection.

If the ruling is allowed to stand, it would “mark the first time in the history of the United States that the judiciary has prevented voters from casting ballots for the leading major-party presidential candidate,” Trump’s lawyers said in the filing.

Former President Donald Trump speaks during the South Dakota Republican Party’s Monumental Leaders rally in Rapid City on Sept. 8, 2023.Andrew Caballero-Reynolds / AFP via Getty Images file

The court, the lawyers said, should “return the right to vote for their candidate of choice to the voters.” Only Congress has the authority to decide who is eligible to serve as president, they added.

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Trump’s legal team also argues that even if the provision could be applied to the former president, he did not engage in insurrection on Jan. 6, citing a “long history of political protests that have turned violent.”

Separately, the Trump campaign put out a statement saying the Colorado ruling was an “unAmerican, unconstitutional act of election interference.”

The state high court’s decision reversed a lower court’s ruling in which a judge said that Trump had engaged in insurrection by inciting the riot on Jan. 6 but that presidents are not subject to the insurrection clause of the 14th Amendment because they are not an “officer of the United States.”

The state court said its ruling would remain on hold indefinitely, allowing Trump and his allies to file appeals with the Supreme Court. The Colorado GOP was the first to do so, on Dec. 27.

Interest in the Colorado case was heightened when Maine’s top election official concluded Thursday that Trump was ineligible to appear on the Republican primary ballot in that state, too. Again, the decision was put on hold so Trump can appeal in state courts in another case that could reach the justices. He filed that appeal Tuesday.

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The Colorado case reaches a Supreme Court with a 6-3 conservative majority that includes three justices Trump appointed. Legal experts are divided over how quickly the court might want to intervene and how it might ultimately rule on such an unusual legal question.

The Colorado court’s ruling specifically addressed the Republican primary in the state. It remains to be seen whether the Supreme Court feels it would need to take up the issue once the filing deadline has passed with Trump remaining on the ballot.

One other option the court has is to take up the case and issue a ruling that would then apply to the general election and potentially in other states where similar lawsuits targeting Trump have been filed.

The Supreme Court’s central role in the Trump legal wars has drawn comparisons with the 2000 election, when the justices ended up issuing a pivotal 5-4 ruling that ended the Florida recount, enabling the Republican candidate, George W. Bush, to prevail over his Democratic opponent, Al Gore.

In a related matter, the justices are set to hear oral arguments in a case involving a man charged for his actions on Jan. 6 that could affect Trump’s prosecution in Washington, where he has been charged under the same federal law at issue. The Washington case is one of four different criminal prosecutions Trump faces.

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Map: 4.9-Magnitude Earthquake Shakes Louisiana

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Map: 4.9-Magnitude Earthquake Shakes Louisiana

Note: Map shows the area with a shake intensity of 4 or greater, which U.S.G.S. defines as “light,” though the earthquake may be felt outside the areas shown.  All times on the map are Central time. The New York Times

A light, 4.9-magnitude earthquake struck in Louisiana on Thursday, according to the United States Geological Survey.

The temblor happened at 5:30 a.m. Central time about 6 miles west of Edgefield, La., data from the agency shows.

U.S.G.S. data earlier reported that the magnitude was 4.4.

As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.

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Source: United States Geological Survey | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Central time. Shake data is as of Thursday, March 5 at 8:40 a.m. Eastern. Aftershocks data is as of Thursday, March 5 at 10:46 a.m. Eastern.

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Donald Trump has no ‘phase two’ plan for Iran war, says US senator

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Donald Trump has no ‘phase two’ plan for Iran war, says US senator

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Man accused of plot to assassinate Trump testifies Iran pressured him, says Biden and Haley were other possible targets

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Man accused of plot to assassinate Trump testifies Iran pressured him, says Biden and Haley were other possible targets

The allegation sounded like the stuff of spy movies: A Pakistani businessman trying to hire hit men, even handing them $5,000 in cash, to kill a U.S. politician on behalf of Iran ‘s powerful paramilitary Revolutionary Guard.

It was true, and potential targets of the 2024 scheme included now-President Donald Trump, then-President Joe Biden and former presidential candidate and ex-U.N. Ambassador Nikki Haley, the man told jurors at his attempted terrorism trial in New York on Wednesday. But he insisted his actions were driven by fear for loved ones in Iran, and he figured he’d be apprehended before anything came of the scheme.

“My family was under threat, and I had to do this,” the defendant, Asif Merchant, testified through an Urdu interpreter. “I was not wanting to do this so willingly.”

Merchant said he had anticipated getting arrested before anyone was killed, intended to cooperate with the U.S. government and had hoped that would help him get a green card.

U.S. authorities were, indeed, on to him – the supposed hit men he paid were actually undercover FBI agents – and he was arrested on July 12, 2024, a day before an unrelated attempt on Trump’s life in Butler, Pennsylvania.  During a search, investigators said they found a handwritten note that contained the codewords for the various aspects of the plot, CBS News previously reported

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Merchant did sit for voluntary FBI interviews, but he ultimately ended up with a trial, not a cooperation deal.

“You traveled to the United States for the purpose of hiring Mafia members to kill a politician, correct?” Assistant U.S. Attorney Nina Gupta asked during her turn questioning Merchant Wednesday in a Brooklyn federal court.

“That’s right,” Merchant replied, his demeanor as matter-of-fact as his testimony was unusual.

The trial is unfolding amid the less than week-old Iran war, which killed Iranian Supreme Leader Ayatollah Ali Khamenei in a strike that Trump summed up as “I got him before he got me.” Jurors are instructed to ignore news pertaining to the case.

The Iranian government has denied plotting to kill Trump or other U.S. officials.

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Merchant, 47, had a roughly 20-year banking career in Pakistan before getting involved in an array of businesses: clothing, car sales, banana exports, insulation imports. He openly has two families, one in Pakistan and the other in Iran – where, he said, he was introduced around the end of 2022 to a Revolutionary Guard intelligence operative. They initially spoke about getting involved in a hawala, an informal money transfer system, Merchant said.

Merchant testified that his periodic visits to the U.S. for his garment business piqued the interest of his Revolutionary Guard contact, who trained him on countersurveillance techniques.

The U.S. deems the Revolutionary Guard a “foreign terrorist organization.” Formally called the Islamic Revolutionary Guard Corps, the force has been prominent in Iran under Khamenei.

Merchant said the handler told him to seek U.S. residents interested in working for Iran. Then came another assignment: Look for a criminal to arrange protests, steal things, do some money laundering, “and maybe have somebody murdered,” Merchant recalled.

“He did not tell me exactly who it is, but he told me – he named three people: Donald Trump, Joe Biden and Nikki Haley,” he added.

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In 2024, multiple sources familiar with the investigation told CBS News Merchant planned to assassinate current and former government officials across the political spectrum.

Merchant allegedly sketched out the plot on a napkin inside his New York hotel room, prosecutors said, and told the individual “that there would be ‘security all around’ the person” they were planning to kill.

“No other option”

After U.S. immigration agents pulled Merchant aside at the Houston airport in April 2024, searched his possessions and asked about his travels to Iran, he concluded that he was under surveillance. But still he researched Trump rally locations, sketched out a plot for a shooting at a political rally, lined up the supposed hit men and scrambled together $5,000 from a cousin to pay them a “token of appreciation.”

This image provided by the Justice Department, contained in the complaint supporting the arrest warrant, shows Asif Merchant. 

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AP


He even reported back to his Revolutionary Guard contact, sending observations – fake, Merchant said – tucked into a book that he shipped to Iran through a series of intermediaries.

Merchant said he “had no other option” than to play along because the handler had indicated that he knew who Merchant’s Iranian relatives were and where they lived.

In a court filing this week, prosecutors noted that Merchant didn’t seek out law enforcement to help with his purported predicament before he was arrested. He testified that he couldn’t turn to authorities because his handler had people watching him.

Prosecutors also said that in his FBI interviews, Merchant “neglected to mention any facts that could have supported” an argument that he acted under duress.

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Merchant told jurors Wednesday that he didn’t think agents would believe his story, because their questions suggested “they think that I’m some type of super-spy.”

“And are you a super-spy?” defense lawyer Avraham Moskowitz asked.

“No,” Merchant said. “Absolutely not.”

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