Connect with us

West

Supreme Court prepares hearing on Trump removal from Colorado ballot

Published

on

Supreme Court prepares hearing on Trump removal from Colorado ballot

The U.S. Supreme Court will soon debate whether former President Donald Trump should be removed from Colorado’s primary ballot, the first of what could be several legal challenges by Trump to confront the nine justices.

At issue is whether Trump committed “insurrection” by inciting a crowd to storm the U.S. Capitol Jan. 6, 2021, and whether that would make him constitutionally ineligible to be re-elected president. That, in turn, could block him from appearing on a state primary ballot as a candidate for that office.

Oral arguments are scheduled for Thursday at 10 a.m. ET, and an expedited ruling could come within days or weeks.

The issues have never been tested at the nation’s highest court and are framed as both a constitutional and political fight with enormous stakes for public confidence in the judicial system and the already divisive electoral process.

TRUMP ASKS SUPREME COURT TO KEEP NAME ON COLORADO BALLOT

Advertisement

The U.S. Supreme Court will be listening to oral arguments on whether Trump committed “insurrection” Jan. 6, 2021, and whether that disqualifies him constitutionally from being re-elected president. (Michael M. Santiago)

The wording

The 14th Amendment, Section 3 of the Constitution states, “No person shall… hold any office… under the United States … who, having previously taken an oath, as a member of Congress, or as an officer of the United States… to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

Colorado’s highest court in December ruled that clause covers Trump’s conduct on Jan. 6, 2021, and therefore does apply to a president despite not being explicitly indicated in the text. 

“President Trump is disqualified from holding the office of president,” the state court wrote in an unsigned opinion. “Because he is disqualified, it would be a wrongful act under the election code for the secretary to list him as a candidate on the presidential primary ballot.”

SUPREME COURT TO DECIDE IF TRUMP BANNED FROM COLORADO BALLOT IN HISTORIC CASE

Advertisement

The issue could turn on whether the high court interprets “officer of the United States” to apply to a president’s conduct in office.

The arguments

Trump’s legal team in its merits brief said, “The [Supreme] Court should put a swift and decisive end to these ballot-disqualification efforts, which threaten to disenfranchise tens of millions of Americans and which promise to unleash chaos and bedlam if other state courts and state officials follow Colorado’s lead and exclude the likely Republican presidential nominee from their ballots.”

The Constitution treats the presidency separately from other federal officers, Trump’s team argued.

The U.S. Supreme Court is prepping to debate whether Trump should be removed from Colorado’s primary ballot ahead of the 2024 presidential election. (Olivier Douliery/AFP via Getty Images)

“The president swears a different oath set forth in Article II, in which he promises to ‘preserve, protect, and defend the Constitution of the United States’ — and in which the word ‘support’ is nowhere to be found,” like it appears in Section 3, Trump’s team wrote.

Advertisement

But lawyers for the Colorado voters challenging Trump’s eligibility said in response, “The thrust of Trump’s position is less legal than it is political. He not-so-subtly threatens ‘bedlam’ if he is not on the ballot. But we already saw the ‘bedlam’ Trump unleashed when he was on the ballot and lost. Section 3 is designed precisely to avoid giving oath-breaking insurrectionists like Trump the power to unleash such mayhem again.

“Nobody, not even a former President, is above the law,” the brief added, comparing Trump to a “mob boss.”

Also at issue:

TRUMP BACKED BY 27 STATES IN SUPREME COURT FIGHT, WHO WARN OF 2024 ‘CHAOS’ IF HE’S REMOVED FROM BALLOT

– Whether state courts or elected state officials can unilaterally enforce constitutional provisions and declare candidates ineligible for federal office — so-called “self-executing” authority — or is that exclusively the jurisdiction of the U.S. Congress. Also, whether Trump can be disqualified without a thorough fact-finding or criminal trial.

Advertisement

– Whether this issue is a purely “political” one that voters should ultimately decide.

– Whether the U.S. Senate’s acquittal at his impeachment trial over Jan. 6 makes him therefore eligible to seek re-election.

– And whether Section 3 prohibits individuals only from “holding” office, not from “seeking or winning” election to office.

The impact

More than a dozen states have pending legal challenges over Trump’s ballot eligibility.

At least 16 state courts and secretaries of state have already concluded his name can appear on the ballot. Colorado and Maine are the only two so far to keep his name off.

Advertisement

Many states have backed the former president, and at least 16 state courts and secretaries of state have allowed his name to appear on the ballot.  (Scott Olson/Getty Images)

Other states are saying stay tuned. The Oregon Supreme Court earlier this year dismissed a related lawsuit but told a coalition of voters that, based on what the U.S. Supreme Court decides, they can refile again.

In conducting what are expected to be lengthy and contentious oral arguments, the justices will likely be forced to revisit the events of Jan. 6 and the pivotal speech Trump gave to supporters just before Congress was to certify the Electoral College ballots.

Trump has repeatedly claimed he was not trying to incite violence and that his speech was protected by First Amendment guarantees, especially pertinent as the top federal office holder.

The storming of the U.S. Capitol left 140 law enforcement officers injured, and lawmakers and Vice President Pence fled a mob that breached the building.

Advertisement

The Colorado decision has been on pause pending the U.S. Supreme Court’s final ruling.

MAINE’S TOP COURT WON’T RULE ON TRUMP BALLOT ELIGIBILITY UNTIL SUPREME COURT DECISION IN COLORADO

The state’s 2024 presidential primary ballot with Trump’s name on the Republican ballot has already been certified by the Colorado secretary of state.

But if Trump is ultimately declared ineligible for public office before the state’s March 5 primary, any votes cast in his favor would be nullified.

The Supreme Court has traditionally been reluctant to get involved in overtly political disputes, especially involving elections.

Advertisement

The partisan blowback over the 2000 ruling in Bush v. Gore still resonates, creating the impression among the public that many of the justices harbor partisan political intentions.

“Sometimes the Supreme Court has no choice but to be involved in the election cases because that is an area where, unlike most, the Supreme Court doesn’t even have discretion over whether it takes the case,” said Brianne Gorod, chief counsel at the Constitutional Accountability Center. 

“There are some voting rights and election cases that the Supreme Court is required to resolve on the merits.”

Arguments for the Colorado ballot case will be heard Thursday, Feb. 8, at 10 a.m. ET.  (AP Photo/Jacquelyn Martin, File)

And beyond …

It is important to note the legal debate over “insurrection” comes to the Supreme Court on a ballot eligibility question.

Advertisement

Special counsel Jack Smith is separately prosecuting Trump for alleged election interference leading up to the Jan. 6 riot, but the former president is not charged specifically with “insurrection” or “rebellion.” The four charges he faces relate to conspiracy and obstruction. Some legal scholars have pointed out Section 3 does not require a criminal conviction to take effect.

The Supreme Court could soon be asked to decide an important component of Smith’s federal case — whether Trump has “absolute immunity” for alleged crimes committed in office.

A federal appeals court is considering the question, and the issue could soon reach the high court on an expedited basis. 

Trump’s criminal trial was scheduled for March 4, 2024, but it is likely any Supreme Court consideration of the issues would force a delay, perhaps past the November election.

The former president also faces a state criminal prosecution for alleged election interference in Georgia; a federal criminal prosecution in Florida for alleged mishandling of classified documents that is also led by the special counsel; and a New York state criminal case over allegedly falsifying business records for hush money payments to a porn star. 

Advertisement

Pro-Trump protesters rally at the U.S. Capitol in Washington Jan. 6, 2021. Trump faces four charges under special counsel Jack Smith’s prosecution for election interference leading up to the Jan. 6 riot. (AP Photo/Jose Luis Magana, File)

And there are various civil claims against Trump, from lawsuits: by U.S. Capitol police officers over Jan. 6; alleged fraud involving various Trump-related businesses; and an $83 million defamation judgment stemming from an alleged sexual assault.

It is unclear if any of these cases will eventually reach the U.S. Supreme Court on appeal on the merits. Some may not be considered for years.

In the short term, any further petition with the name “Trump” on the cover could severely strain public confidence in a judicial institution designed to hover above partisan politics.

Advertisement

“I don’t think that the court really follows the political calendar,” said Thomas Dupree, a former top Justice Department attorney in the George W. Bush administration. “I think they’re aware of the fact, obviously, that we’re in an election year, but I don’t think the fact that we’re in an election year is going to be driving the outcomes of any of these decisions.”

The ballot case is Trump v. Anderson (23-719).

Read the full article from Here

Advertisement
Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Colorado

Ex-owner of Colorado funeral home where decomposing bodies were found is sentenced to 30 years

Published

on

Ex-owner of Colorado funeral home where decomposing bodies were found is sentenced to 30 years


COLORADO SPRINGS, Colo. — A former Colorado funeral home owner who helped her ex-husband hide nearly 200 decomposing bodies was sentenced to 30 years in prison Friday in a case that forced the state to clamp down on an industry plagued by repeated scandal and notoriously lax oversight.

Carie Hallford faced between 25 and 35 years in prison under a plea agreement. Some family members of those whose bodies were left to rot had urged Judge Eric Bentley to impose the maximum sentence. But the judge said Carie Hallford made credible claims of being a victim of domestic violence and her ex-husband, Jon Hallford, was the driving force in their relationship.

Bentley added that 30 years was a “staggeringly huge sentence” and appropriate for her crimes.

Jon Hallford was sentenced to 40 years on corpse abuse charges at a February hearing in which he was called a “monster” by relatives of the victims.

Carie Hallford was the public face of Return to Nature, dealing with bereaved customers at the couple’s funeral home in Colorado Springs. Jon Hallford performed much of the physical work, including at a second location south of Colorado Springs in Penrose.

That’s where authorities found bodies piled throughout a bug-infested building after neighbors complained about a foul odor in 2023.

Advertisement

One of those corpses was the mother of Tanya Wilson, who told Bentley on Friday that the family released what they thought were her ashes from a boat in Hawaii. It turned out her body was lying in toxic fluids on the floor of the Hallfords’ makeshift mortuary. Like other Return to Nature customers, the family received fake ashes instead of the cremated remains they were promised.

They had prepared her mother’s body for meeting her Korean ancestors in the afterlife, Wilson said. To preserve her dignity, they brushed her hair, applied her favorite moisturizer and dressed her in special clothes to preserve the dignity she had in life.

“Carie Hallford annihilated that dignity,” Wilson said.

Carie Hallford apologized in court Friday, saying she was raised to know right from wrong but had lost who she once was.

She fought back tears as she said her marriage had been “a convoluted web of lies, deceit and abuse.” She said she was not a monster but deserved punishment.

Advertisement

Discovery of corpses spurred first routine inspections

Prosecutors have alleged that the Hallfords were motivated by greed. They charged more than $1,200 per customer, and authorities said the amount they spent on luxury items would have covered the cremation costs many times over.

The case became the most egregious in a string of allegations involving Colorado funeral homes as details emerged about the their lavish spending and their pattern of defrauding customers.

Decomposing Bodies Colorado
Crystina Page, whose son’s body was among nearly 200 found decomposing in Return to Nature in 2023, holds samples of fake ashes that were given to families instead of human remains, in Colorado Springs, Colo., on Wednesday.Thomas Peipert / AP

Colorado had been the only state that did not regulate funeral homes before lawmakers adopted recent changes. The Hallfords’ case prompted laws mandating routine inspections and adopting a funeral director licensing system.

State inspectors acting under the new law last year found 24 decomposing bodies and multiple containers of bones behind a hidden door of a funeral home owned by the Pueblo County coroner and his brother. It was the first inspection of that Pueblo mortuary.

Before the bodies were found at Penrose, a mother and daughter who operated a funeral home in the western Colorado city of Montrose were sentenced to federal prison after being accused of selling body parts and giving clients fake ashes. In 2024, authorities in Denver arrested a financially troubled former funeral home owner who kept a body in a hearse for two years at a house where police also found the cremated remains of at least 30 people.

Carie Hallford was ‘the one who fed the monster’

Carie Hallford asked for leniency in March when she was sentenced in the federal fraud case, saying she was a victim of abuse and manipulation in her marriage.

Advertisement

Her attorney, Michael Stuzynski, said Friday said Carie Hallford initially believed what happened at Return to Nature was entirely her fault. He said she had a “lonely, gray and terrifying existence” and found solace in the interactions she had with the funeral home’s customers.

But Chief Deputy District Attorney Rachael Powell said Jon Hallford couldn’t have carried out the crimes alone. While his actions were gruesome, Powell said, Carie Hallford was the one manipulating clients as she smiled and took their money, knowing she was lying to them.

“She solicited bodies and took the checks. She fed Jon the bodies,” Powell said.

The Associated Press left voicemail and email messages with Jon Hallford’s attorney seeking comment on the abuse allegations.

The Hallfords, who divorced following their arrest, received prison sentences in the related federal fraud case — 18 years for Carie and 20 years for Jon. They have each appealed.

Advertisement

Plea agreements call for the Hallfords’ state prison sentences to be served concurrently with the federal sentences.

Authorities recovered 189 sets of remains from the Penrose building and said another two bodies were improperly buried. Two of the remains have not yet been identified, but officials continue trying, Fremont County coroner Randy Keller said.



Source link

Continue Reading

Hawaii

‘Trashy’: visitors complain over homeless encampment on Waikiki beach

Published

on

‘Trashy’: visitors complain over homeless encampment on Waikiki beach


HONOLULU (HawaiiNewsNow) – Feet away from the line of blue umbrellas providing shade for beachgoers at Fort DeRussy Beach Park, there is often a row of tents sheltering homeless people.

Unlike other homeless clusters throughout Waikiki and the rest of Oahu that typically sit on the outskirts of public spaces, the encampment sits right on the beach for all to clearly see.

“I didn’t expect it, I thought it would be a nicer area, cleaner, then you get people like that that affect the area, make it look trashy,” visitor Aiden Moffett said.

Some trash and abandoned belongings appeared to have been left behind this week, but there were hardly any tents after Department of Land and Natural Resources personnel cleared them out between April 1 and 2.

Advertisement

The effort was a part of a monthly, joint operation to remove homeless encampments at Fort DeRussy, as well as the Ala Wai, Hilton Lagoon, and Waikiki Beach.

“Fortunately, there’s not any around here anymore, but I do hate to see it anywhere,” said visitor Patricia Orr.

Several visitors have been complaining about the camp on the military reservation, with some posting about it on social media.

A few guests at the Hale Koa Hotel also mentioned the tents in reviews on TripAdvisor.

One profile from Santa Clarita, California titled their April 16 post, “Need to (get) rid of ghetto tents on beaches,” adding, “This year for the first time, homeless tents line the beach. Imagine renting the highest rate room and stepping out on the lanai to a view of a beach gone ghetto. Shame on you, Hawaii. Your biggest revenues come from tourism. Literally thousands of other vacation destinations exist.”

Advertisement

Other beachgoers were not bothered.

“If it’s not a bunch of trash all around, then I think it’s fine, and if they’re staying in their tents or not causing a mess, then it’s good,” visitor Landen Maley shared.

The U.S. Army Garrison Hawaii told Hawaii News Now:

“U.S. Army Garrison Hawaii is aware of the concerns regarding the encampment located on the beach near the Hale Koa Hotel and understands the impact this situation has on the community. We are working closely with our City and County of Honolulu, State of Hawaii and other local partners to help ensure the area remains safe, orderly, and accessible for all who use it.

Adding to the complexity of this issue, multiple agencies share responsibility for this area. The beach zone—from the beach walk concrete to the high‑water line—is under the jurisdiction of the State of Hawaii Department of Land and Natural Resources, which is responsible for enforcement and any required clearance actions in that space. The area extending from the beach walk concrete to Kalia Road falls under the jurisdiction of U.S. Army Garrison Hawaii.

Advertisement

As part of a coordinated team effort, U.S. Army Garrison Hawaii will continue to support our partners in their response efforts, maintain safety for all users, and assist agencies and private organizations with the expertise to provide care and services to those who do not have a home. Together, we remain committed to addressing this issue in a respectful manner that considers the needs of all affected—those experiencing homelessness, visitors, beachgoers, and the broader community.”

DLNR responded to our request for comment with the following:

“The most recent DLNR cleanup of the Ala Wai, Hilton Lagoon, Ft. Derusy, and Waikiki Beach was April 1-2. Cleanups of this area occur about once a month during the late night to early morning hours and are typically joint operations with DLNR, City and HDOT working together to address multiple jurisdictions jointly. HPD and DOCARE both conduct patrols to support enforcement efforts between cleanups.

The military provides support by having Hale Koa’s security standing by to ensure no personal property goes on federal property. US Army Garrison Hawaiʻi has reached out to DLNR staff to see how the Army can assist further and are looking into options.”

City officials provided the following statement:

Advertisement

“This continues to be a coordinated effort between the City, the State, and our nonprofit partners to address ongoing concerns in the area.

We are working closely with State and DLNR partners to facilitate additional joint operations that will allow us to move forward more effectively.

Our focus remains on balancing compassionate outreach with the need to address illegal activity and restore the area for the broader community.”

Copyright 2026 Hawaii News Now. All rights reserved.



Source link

Advertisement
Continue Reading

Idaho

Idaho Department of Lands to hold fire prevention meeting at Clarkston

Published

on

Idaho Department of Lands to hold fire prevention meeting at Clarkston


The Idaho Department of Lands will host a wildfire preparation meeting for people living near the lower Snake and Salmon rivers at 5:30 p.m. Wednesday at the Wet Ever Boat Shop at 1030 16th Ave., Clarkston.

Fire specialists from the IDL Craig Mountain Forest Protective District will speak about fire prevention, how the department manages fire suppression efforts and how those efforts can differ when a complex incident management team is called in to take over large fires.



Source link

Continue Reading
Advertisement

Trending