In some ways, the trial in Colorado that looked at whether the 14th Amendment’s “insurrectionist ban” disqualifies Donald Trump from serving as president again because of his role in the January 6, 2021, insurrection served as a preview of the much higher-profile federal election subversion trial against Trump that is slated for March.
In that criminal case, Trump wasn’t charged with inciting the riot, or with insurrection. But the indictment from special counsel Jack Smith quotes from Trump’s January 6 speech and describes how he fueled the violence. Trump has pleaded not guilty.
This was a major part of the Colorado case, and federal prosecutors might similarly seek to feature testimony from police officers and lawmakers who can describe how Trump’s actions obstructed the certification of the 2020 election results.
Trump’s defense in Colorado relied heavily on January 6 revisionism and featured testimony from an unrepentant US Capitol rioter and others who still maintain the 2020 election was stolen.
In terms of trial strategy, these witnesses could undercut the challengers’ argument that January 6 was an insurrection. The 14th Amendment doesn’t actually define the term.
One of the January 6 rally organizers, Amy Kremer, testified in the Colorado case that the crowd at the Ellipse was full of “patriotic, freedom-loving citizens” who were “joyful, singing and dancing,” including after Trump wrapped his remarks. After her testimony, Kremer posted online a photo of the overrun Capitol and said, “The 2020 Election was stolen!”
Trump’s lawyers say this showed that his words didn’t incite violence, a core element of his defense. Plenty of rallygoers ignored Trump’s call to go to the Capitol. Many who did march there stayed peaceful. But thousands participated in a violent riot, as highlighted earlier in the trial by two of the 140 police officers who were wounded in the melee.
One rioter, Tom Bjorklund, testified for Trump’s defense and admitted on the stand that he breached Capitol grounds, though he said he never entered the building. Bjorklund, now the Colorado GOP treasurer, hasn’t been charged with any crimes and testified that he didn’t engage in violence at the Capitol.
“It’s kind of an insult to insurrectionists around the world,” Bjorklund said. “Because Republicans just mad about an election hardly rises to the level of an insurrection.”
