this post was submitted on 20 Dec 2023
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So I haven't been following this lawsuit at all, so this is a genuine question. If the lawsuit is about barring trump from the ballot due to starting an insurrection, I would assume part of the trial was to argue for and against the claim that he started or otherwise participated in an insurrection, no? If that's not the case, then I'd agree with you. If that is the case, however, then I don't see how this trial wasn't the due process you're talking about
Anderson v Griswold (this case) is a civil lawsuit that started Oct 30 in CO district court under judge Sarah B. Wallace. This case involved opposing arguments over whether or not Trump engaged 8n insurrection. There was no jury.
Judge Wallace ruled (and CO supreme court later upheld) that Trump engaged in insurrection. The standard for burden of proof in this ruling was "clear and convincing," (see supreme court ruling) which is somewhere between "beyond a reasonable doubt" (the standard for criminal cases) and a "preponderance of the evidence" (>50% chance of the accused being responsible). Clear and convincing evidence is typically used in discrimination and fraud lawsuits.
For sure they presented and debated evidence about whether Trump actually participated in an insurrection, and to what extent. But this court wasn't deciding whether Trump is guilty of a crime. It was deciding if the state can limit Trump's ability to appear on the ballot. A criminal conviction would require a trial and a focused scope. This is not the due process for that conviction.
Hmm interesting, I guess I figured it was some kind of all in one case that was trying to handle culpability + legal repercussions. Doesn't seem possible to bar someone from being on the ballot if they haven't also legally judged on culpability, but I guess thats why this is going to the SCOTUS
There were witnesses who testified. I am unclear if there was a jury or not, but according to president scotus won’t disagree with that he engaged in insurrection.