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February 08, 2024

Defends fairness...

Voters’ lawyer defends fairness of Trump’s disqualification trial in Colorado

From CNN's Marshall Cohen

Jason Murray, a lawyer for the anti-Trump challengers, defended the fairness of the Denver-based disqualification trial that led to Trump’s eventual removal from the ballot, and the current SCOTUS case.

Murray was responding to a question from Justice Brett Kavanaugh, whom, like the other justices, has signaled some skepticism in the theory that the process in Colorado was the right way to enforce the 14th Amendment’s “insurrectionist ban.” Trump has claimed that his due-process rights were grossly violated in the Colorado proceedings.

Kavanaugh read from the dissent of Colorado Supreme Court Justice Carlos Samour, a Democratic appointee, who wrote perhaps the most searing opinion disagreeing with the decision. He said: "I have been involved in the justice system for thirty-three years now, and what took place here doesn't resemble anything I've seen in a courtroom.”

That dissent was reflecting on the highly expedited trial proceedings that were held to adjudicate an extremely complicated constitutional clause that had barely been touched since 1919. The lawsuit was filed in September, the weeklong trial began in October, and the trial judge issued her decision in November.

“President Trump had the opportunity to call any witnesses, cross examine our witnesses, he had the opportunity to testify if he wanted to testify,” Murray argued.

The Colorado Supreme Court’s majority – by a 4-3 decision – also believed the process was fair.

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