Ex-GOP Judge :1A New Hearing Officer Claims Trump Participated in Insurrection
The State Board of Elections should allow the courts to determine whether Mr. Trump’s actions disqualified him from the race, according to the hearing officer.
In an attempt to stay in office after the 2020 election, former Republican judge designated to hear arguments regarding whether or not to disqualify former President Donald J. Trump from the Illinois primary ballot stated on Sunday that he thought Mr. Trump had committed an act of insurrection.
However, the former judge Clark Erickson added that he thought the State Board of Elections lacked the authority to disqualify Mr. Trump on those grounds and that the matter should instead be left to the State Board of Elections, whose nonbinding opinion will be considered on Tuesday courts.
For the former president, who has had formal challenges to his candidacy in 35 states and been ruled ineligible for the Colorado and Maine primaries, the mixed decision was at least a symbolic setback.
Ex-GOP Judge :1A New Hearing Officer Claims Trump Participated in Insurrection
In both of those states, Mr. Trump, the front-runner Republican for president, is still expected to be on the primary ballot as the U.S. Supreme Court reviews an appeal of the Colorado decision.
For Mr. Trump to be taken off the ballot in Illinois, at least five of the eight Board of Elections members would need to vote in favor of his removal on Tuesday.
There are four Democrats and four Republicans on the appointed board. One may challenge their ruling in court before the Primary on March 19.
The basis for the Illinois challenge, as well as those in other states, is a provision of the U.S.
Constitution’s 14th Amendment that bars public servants who “engaged in insurrection or rebellion” from holding office.
Attorneys for locals opposed to Mr. Trump’s candidacy charged the former president of insurrection during a hearing on Friday in downtown Chicago, and they presented video from the riot at the US Capitol on January 6, 2021.
Attorneys for Mr. Trump refuted the accusation and contended that the relevant constitutional clause did not pertain to the presidency in any event.
The multistate effort to disqualify Mr. Trump has been characterized by his campaign as partisan and antidemocratic.
Both a campaign spokesman and Mr. Trump’s attorney did not answer inquiries for comments on Sunday right away.
Ex-GOP Judge :1A New Hearing Officer Claims Trump Participated in Insurrection
Mr. Erickson suggested in his written opinion that the board reject the objection to Mr. Trump, citing precedent from the Illinois Supreme Court that barred the Elections Board from conducting the “significant and sophisticated constitutional analysis” required to make a decision.
But Mr. Erickson stated he thought they ought to remove Mr. Trump from the primary ballot if the board disapproved of his position on the jurisdictional issue.
Before the hearing, the general counsel for the board is anticipated to provide a formal recommendation. Residents’ attorneys released a copy of Mr. Erickson’s opinion in opposition to Mr. Trump.
The executive director of the Board of Elections, Bernadette Matthews, attested to the document’s authenticity.
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Elegant Fireplaces Are Keeping New Yorkers Warm This Winter Mr. Erickson detailed the 14th Amendment case against Mr. Trump, reviewing the conclusions of the Colorado Supreme Court and the U.S.
House committee that looked into the Capitol riot.
Mr. Erickson stated that President Trump “exploited that climate for his own political gain by falsely and publicly claiming the election was stolen from him, even though every single piece of evidence demonstrated that his claim was demonstrably false.”
“The evidence shows that President Trump understood the divided political climate in the United States,” Mr. Erickson wrote.
According to Mr. Erickson, the former president “knew the background of the events of January ” 6, 2021, because he set the atmosphere,” and that “he participated in a complex scheme to give Vice President Pence lists of fictitious voters with the specific intent of obstructing the orderly transition of power after an election.”
Attorneys for Mr. Trump stressed during the hearing last week that their client posted on social media after the riot broke out, pleading for calm.
Mr. Erickson stated that he thought those posts were “the product of trying to give himself plausible deniability” and that they were not convincing.
“Perhaps he realized just how far he had gone,” Mr. Erickson continued, “and that Vice President Pence’s refusal to accept the bag of fraudulent electors had caused the effort to fail.”
Republican Mr. Erickson is retired.
The hearing was presided over by a state judge from Kankakee County on Friday in an unremarkable conference room within a government building.
There were about twenty people in the room, most of them journalists or lawyers.
In a previous interview, Mr. Erickson stated that he attempted to introduce a nonpartisan viewpoint to the bench.
The Daily Journal is a newspaper published in Kankakee, a small city located sixty miles south of Chicago.
“That’s a little awkward because clearly politics can’t have anything to do with our job after we’re elected,” he told the newspaper, adding that “we are a political society and the manner in which we choose judges in the state system is through political elections.”
The legal director of Free Speech for People, Ron Fein, contributed to the introduction of the protests in Illinois and a number of other states referred to Mr. Erickson’s assessment of Mr. Trump’s actions as “extremely significant.”
“With the utmost respect, we correct Judge Erickson on why Illinois law authorizes that ruling, but we expect the board and ultimately Illinois courts to uphold his thoughtful analysis of why Trump is disqualified from office,” Mr. Fein stated in a statement.
It is anticipated that Illinois, a Democratic stronghold, will not be competitive in the general election held in November.
However, the state has a large number of delegates, so Mr. Trump may be able to secure the Republican nomination with the help of the primary.
Many believe that Mr. Trump’s eligibility will ultimately be resolved by the US Supreme Court.
The Colorado appeal’s oral arguments are set for February 8.
Meanwhile, with the first season with more than 15 states still debating the former president’s eligibility, and Mr. Trump maintaining a commanding lead among Republicans.
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