WASHINGTON – Mike Stuart has joined other former U.S. Attorneys in filing an amicus brief with the Supreme Court asking it to overturn the Colorado ruling to keep former President Donald Trump off of that state's primary election ballot.
Stuart, a state Senator and candidate for West Virginia Attorney General, joined 10 other former U.S. Attorneys and former Acting U.S. Attorney General Matthew Whitaker in supporting Trump's appeal of last month's Colorado Supreme Court ruling.
That ruling disqualifying Trump from holding office pursuant to Section 3 of the 14thAmendment, which makes it a crime to assist or engage in rebellion or insurrection against the authority of the United States related to the January 6, 2021, attacks at the U.S. Capitol. The ruling directed the Colorado Secretary of State to remove Trump’s name from the state’s presidential primary ballot.
“The Colorado court clearly misapplied the law and violated the very Constitution it is supposed to defend," Stuart said. "I’m honored to join in this brief before the United States Supreme Court in defense of President Trump’s eligibility and candidacy.
“The Colorado high court wrongly removed President Trump from the Colorado ballot on the basis of a report issued by a one-sided partisan Congressional Committee - the Select Committee to Investigate January 6th.”
The amicus brief explains the rationale.
“On December 22, 2022, the United States House of Representatives’ Select Committee to Investigate the January 6th Attack on the United States issued its final report," the brief states. "The report blamed former President Donald J. Trump for the events of January 6th, 2021, and recommended he be charged for inciting an insurrection. On December 19, 2023, the Colorado Supreme Court relied on findings and recommendations in the report to disqualify Mr. Trump from the primary ballot for the 2024 Presidential election.
"In doing so, that court violated its own rules of evidence, arbitrarily applied state law, and misapplied the Fourteenth Amendment’s Insurrection clause. Collectively, these actions resulted in a violation of the Fourteenth Amendment’s Due Process clause. These errors were not harmless. This court should reverse the decision to disqualify Mr. Trump.”
Stuart said such decisions shouldn't be based on the phone report.
“No one, let alone a court making decisions that will impact the presidency, should rely on a report that was big on theatrics and grandstanding but in which no defense or counter arguments were provided,” Stuart said. “The January 6th Report is not proof or evidence of anything. The Colorado court’s reliance on the January 6th Report is tragic and wrong.
“The Colorado high court based its bad decision on bad evidence. I am honored to join in this effort to right a terrible wrong and return President Trump to the ballot.”
Stuart was appointed by Trump as U.S. Attorney for the Southern District of West Virginia. He also was the West Virginia co-chairman of Trump's 2016 presidential campaign.
Earlier this week, current West Virginia AG and gubernatorial candidate Patrick Morrisey co-led another amicus brief asking the U.S. Supreme Court to reverse the Colorado ruling.
The coalition of states – that also includes the Arizona Legislature and legislative leadership of North Carolina – claims Congress must decide whether to disqualify a person from office ineligible under the Section 3 of Fourteenth Amendment.
U.S. Supreme Court of Appeals case number 23-719
