Yesterday, Rep. Eric Swalwell (D-Calif.) testified in a Colorado court to prevent former President Donald Trump from appearing on the general election ballot next year.
On the first day of the 14th Amendment disqualification trial, Swalwell testified via video conferencing. His testimony was to support claims that Trump violated Section 3 of the 14th Amendment's “insurrectionist ban” because of his role preceding the Jan. 6 U.S. Capitol riot.
The congressman's testimony, and the trial in general, received a variety of reactions on social media:
Swalwell choked back tears as he recounted how Rep. Ruben Gallego (D-Ariz.) handed him a pen during the riot to use as a weapon if necessary.
Six Coloradans, including Republicans and unaffiliated voters, filed the lawsuit in early September to prevent Trump from appearing on the western state's ballot in a historic but unlikely bid. The government watchdog Citizens for Responsibility and Ethics in Washington, or CREW, supports their efforts.
Despite the challenge's long-shot status, the petitioners surprised observers by defeating Trump's attorneys and the Colorado GOP in a series of pretrial motions to dismiss the case.
The bench trial in Colorado District Court is scheduled to last at least one week. Trump is not expected to attend. He denies wrongdoing regarding January 6, and his campaign said the challengers are “stretching the law beyond recognition.”
“It's the first domino to fall. We've never seen a challenge like this to a presidential candidate, hearings that go for days to evaluate their eligibility,” said Derek Muller, an election law expert at Notre Dame Law School who filed a brief in a similar case that was neutral on disqualifying Trump but gave analysis for key legal questions.
“It's not a frivolous lawsuit, but it's not a slam dunk,” Muller added.
The 14th Amendment, which was ratified after the Civil War, says US officials who take an oath to uphold the Constitution are disqualified from holding future office if they “engaged in insurrection” or have “given aid or comfort” to insurrectionists.
The U.S. Constitution does not provide a clear method for enforcing the ban, which has only been enforced twice against former Confederates.
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