"As an appeals lawyer, it would be this is the very worst decision Donald Trump could get from the trial court," Neal Katyal said.

Despite keeping him on the presidential ballot, a Colorado judge’s ruling could still prove “devastating” for former President Donald Trump, a former solicitor general has said.

Speaking with MSNBC host Jen Psaki on Sunday afternoon, former Acting Solicitor General Neal Katyal said that a Colorado court finding that Trump engaged in insurrection against the government after the 2020 presidential election was “the very worst decision Trump could get.”

“There’s a factual finding that the judge said, which is that Trump committed insurrection,” Katyal said of District Judge Sarah B. Wallace’s ruling. “On appeals, the factual findings get massive deference by the appeals court. It’s almost impossible to overturn a trial judge’s factual finding.”

  • OldWoodFrame@lemm.ee
    8·
    10 months ago

    I’m not following how it was a factual finding that he did commit insurrection, the Constitution says people who committed insurrection are barred from office, but the court ruled he should stay on the ballot.

    • Iwasondigg@lemmy.one
      4·
      10 months ago

      It could be a legal technicality like the court saying they find him guilty of insurrection but the plaintiff doesn’t have standing or the court doesn’t have authority to kick him off the ballot, so they’re punting up to a higher court. I wish a legal expert would break it down for us lay people.

      • eagleth@reddthat.com
        6·
        10 months ago

        I believe the actual reasoning is that that amendment only applies to “officers of the us government”, which the president is not… which is a stupid technicality…

        • Rusticus@lemmy.worldEnglish
          3·
          10 months ago

          But that’s the point. The “stupid technicality” will be what is appealed and, if/when overturned, Trump will be FUBAR.

    • MrFappy@lemmy.world
      31·
      10 months ago

      Maybe because this is simply an attempt to bar him from the primary ballot, and being in the ballot is one thing, but being elected and serving are another.

    • Moobythegoldensock@lemm.ee
      2·
      10 months ago

      The judge ruled that the President is not an officer of the Unites States, despite clearly establishing him as the Chief Executive Officer of the Unites States earlier in the case.