In two courtrooms 900 miles apart, judges next week will begin to weigh an unprecedented and historic question: Is former president Donald Trump eligible to run for office again given his alleged role in the Jan. 6, 2021, riot at the U.S. Capitol?
Starting on Monday in Denver, a week-long hearing featuring witnesses and legal scholars will explore whether Jan. 6 qualified as an insurrection, which could bar Trump from the ballot in Colorado. On Thursday, the Minnesota Supreme Court will hear arguments about whether an obscure part of the Constitution might keep Trump off the ballot there. In coming weeks, courts around the country might hold similar proceedings.
The legal strategy, pursued by an unusual mix of conservatives and liberals, is unlike any tried before against a candidate for president. Legal experts are deeply divided on the merit of the theory, but even its backers acknowledge they face stiff challenges….
The debate over interpretations of that section will move into the courtroom on Monday, as the hearing begins in Denver over a lawsuit brought by Republican and independent voters, including a former GOP leader in the Colorado legislature. It’s unclear who will testify, but witnesses could include people who saw the attack on the Capitol unfold before them.
“A five-day hearing — I’m a little blown away by this prospect,” said Derek Muller, a University of Notre Dame law professor who has closely followed the cases. “Can you imagine this process happening simultaneously in 50 states around the country? It’s a wild process to think about.”