Colorado
Supreme Court could rule on Trump ballot eligibility as soon as Monday
The justices will decide if states can use an anti-insurrectionist provision of the Constitution to kick Trump off the ballot.
Supreme Court case could remove Donald Trump from ballots
The Supreme Court heard a case brought by lawyers of former President Donald Trump that could remove him from ballots under the 14th Amendment.
WASHINGTON − The Supreme Court has indicated it will issue at least one opinion on Monday, raising speculation that it will decide on the eve of Super Tuesday if Colorado and other states can use an anti-insurrectionist provision of the Constitution to keep former President Donald Trump off the ballot.
Colorado and Maine, two of the three states where the validity of votes for Trump is waiting for a decision from the high court, are among the many states holding primaries Tuesday.
The court heard oral arguments Feb. 8 on Trump’s challenge to the Colorado Supreme Court’s decision that Trump is ineligible to return to the White House because of his role in the Jan. 6, 2021, attack on the Capitol.
But until the court’s surprise scheduling update Sunday, the justices weren’t potentially scheduled to issue decisions in pending cases until March 15.
Colorado Secretary of State Jena Griswold told USA TODAY Friday she had been hoping for, and expecting, a decision two weeks ago.
“Because at the end of the day, it would be better for Coloradans and Americans to know where the Supreme Court is,” she said. “If we do not have a decision before we start announcing results on Tuesday night, votes for Trump will be counted.”
Waiting for a decision Colorado votes Tuesday. The Supreme Court hasn’t said if votes for Trump will count.
As in Colorado, moves in Maine and Illinois to remove Trump from the ballot have been on hold until the Supreme Court weighs in.
During the oral arguments last month, the justices appeared to be looking for a way to ensure stability in this year’s presidential election by blocking states from determining the eligibility of a national candidate.
“I think that the question that you have to confront is why a single state should decide who gets to be president of the United States,” Justice Elena Kagan, one of the court’s three liberal justices, told the attorney for the Colorado voters challenging Trump’s eligibility.
Other justices raised concerns about a mismatch of ballots across the country if each state makes its own decisions on whether Trump –or President Joe Biden – qualifies as an insurrectionist under Section 3 of the 14th Amendment.
That section was enacted after the Civil War to bar from office those who engaged in insurrection after previously promising to support the Constitution.
Trump’s lawyer told the court the Jan. 6 events were a riot, not an insurrection.
“The events were shameful, criminal, violent, all of those things, but it did not qualify as insurrection as that term is used in Section 3,” attorney Jonathan Mitchell said during oral arguments.
The Supreme Court has ways to decide this case without addressing whether Trump engaged in insurrection and the justices did not spend much time debating that question during oral arguments.
The justices are not scheduled to be in the courtroom Monday so will not read their decision from the bench as they typically do.
Trump’s ballot eligibility is just one of the issues the high court is deciding that will affect his future. The justices also agreed last week to decide if he can be criminally tried for trying to steal the 2020 election. And they are considering a challenge to how federal prosecutors are going after Jan. 6 participants in a case that could affect the federal charges against Trump.
A landmark case? Takeaways from Trump’s immunity claim at Supreme Court
Colorado
Colorado mother says Lakewood crash killed son, left 2 of her children critically injured as driver is arrested
A mother is grieving after a crash in the Denver metro area last weekend left her son brain-dead and two of her other children fighting for their lives.
Lakewood police say 22-year-old Andrew Logan Miller has been arrested in connection with the crash, which happened Dec. 6 around 7:30 p.m. near Kipling Parkway and West 6th Avenue.
Police say Miller was driving an SUV southbound on Kipling Parkway at a high rate of speed when it collided with a bus carrying a wrestling team from Central High School, which is located in Grand Junction in Mesa County.
Sixteen people were taken to hospitals.
Among the injured were three siblings who were riding inside the SUV.
On Friday, their mother, Suleyma Gonzalez, identified them as Julio Gonzalez, 18, Analelly Gonzalez, 17, and Christopher Gonzalez, 14.
Analelly and Christopher remain in critical condition. Julio will never wake up.
“I didn’t want to believe it, until they had to do the second testing where they didn’t find blood going through his brain,” she said. “My other two are in comas.”
Gonzalez said doctors ultimately declared Julio brain-dead.
She describes her children as disciplined students and ROTC members with plans for the future.
“Two of my kids were going to graduate this year,” she said. “No drugs. No alcohol. They were good kids.”
Gonzalez confirmed that Miller, who was driving the SUV at the time of the crash, was her daughter’s boyfriend.
“I know he loved my daughter,” she said. “I don’t think he did this on purpose or intentionally. It was an accident.”
Police say the investigation is ongoing, but believe speed played a major role in the crash.
Miller was arrested Wednesday night and is facing multiple charges, including:
• Vehicular assault (7 counts)
• Speeding 40 mph or more over the limit
• Reckless driving
• Child abuse (2 counts)
• Reckless endangerment
“My kids know when you get in somebody’s car, there’s always a risk. Always,” she said.
Julio’s organs will be donated. He’s on life support, while the hospital searches for matches.
“He wanted to give to the world,” she said. “Now that I can’t get him back, we want to give life to somebody else.”
Miller is currently being held in the Denver County Jail and is awaiting transfer to the Jefferson County Jail. His bond and court appearance have not yet been announced.
Lakewood police say the investigation remains active.
Gonzalez, a single mother of five, says her focus now is on her surviving children and getting clarity.
“I just want answers.”
Colorado
DOJ sues Colorado Secretary of State for failure to release state voter information
DENVER, Colo. (KKTV) – The Justice Department’s Civil Rights Division announced Thursday a lawsuit against the Colorado Secretary of State for failure to produce state voter information.
Secretary of State Jena Griswold claims the DOJ sent a “broad” request for the voter registration rolls on May 12.
Griswold says her office complied with the request and “shared the publicly available data consistent with applicable law.” However, the lawsuit against Griswold says that her office did not respond to the letter.
Griswold sent a letter in November signed by several Secretaries of State to the DOJ and the U.S. Department of Homeland Security (DHS) requesting clarification on how the data would be used, but she claims neither replied to the questions in the letter.
The lawsuit goes on to allege that DOJ attorney Eric Neff followed up by emailing Secretary Griswold on Dec. 1, requesting Colorado’s Statewide Voter Registration list.
Griswold said this request asked the office to share unredacted voter data, including a voter’s full name, date of birth, residential address, and complete state driver’s license number or the last four digits of their Social Security number.
Griswold responded by email on Dec. 3, stating, “We received your request. We will not be producing unredacted voter files or signing the MOU,” the complaint alleges.
The lawsuit cites the Civil Rights Act, which gives the United States Attorney General the power to demand the production, inspection, and analysis of the statewide voter registration lists.
The DOJ is requesting a judge to declare that Griswold violated the Civil Rights Act and to order her to provide the current electronic copy of Colorado’s statewide voter registration list.
Griswold’s office released the following statement:
The DOJ released the following statement regarding the lawsuit:
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Colorado
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