A Colorado judge on Wednesday ruled from the bench that former President Donald Trump cannot nix the trial to determine whether he can appear on the state’s 2024 Republican primary ballot.
Trump’s legal team asked Denver District Court Judge Sarah B. Wallace for a directed verdict to end the trial that began on Monday, though she denied the request. After that, Trump’s lawyers called up Kash Patel as their first witness.
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Patel, a former National Security Council senior director, discussed events surrounding the riot at the Capitol on Jan. 6, 2021. He said his concern on the day of the attack was that the Justice Department had been “designated the lead law enforcement agency for Jan. 6 and was not taking the appropriate preemptive measures to secure the Capitol grounds.”
The former NSC director also alleged he believes FBI Director Christopher Wray “was on none of the leadership calls” that day and further purported Ray is “one of the members … we’ve caught lying.”
“Mayor Bowser wrote a letter herself on approximately Jan. 4 … declining further requests for National Guard services outside of the 346 National Guardsmen already authorized,” Patel added, pointing the finger at both the federal agencies and the District of Columbia. Patel contended on Wednesday that Trump authorized the deployment of 10,000 to 20,000 National Guard troops to support law enforcement.
The testimony Patel provided goes against the findings of the House Jan. 6 committee, where acting Defense Secretary Christopher Miller, whom Patel was chief of staff to, testified that an order to prepare 10,000 National Guard troops was never made.
Wednesday marked the third day of the trial, which has seen witnesses from Rep. Eric Swalwell (D-CA) and even a promise from pro-Trump Rep. Troy Nehls (R-TX) to testify in defense of Trump.
Six Colorado voters who are plaintiffs in the case say Trump can’t run in the 2024 election because of a clause in Section 3 of the 14th Amendment, which contains an “insurrection” clause.
Patel’s comments came after testimony from a law professor that plaintiffs brought in earlier in the day, Gerard Magliocca of Indiana University. Magliocca testified about the history of the clause in the 14th Amendment and how the word “insurrection” was defined and interpreted around the same time that the amendment was ratified to the Constitution in July 1868.
He also testified that he is being paid $15,000 per month by Trump’s Save America PAC, which has spent nearly $100 million on Trump’s legal fees.
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Magliocca said the clause doesn’t just apply to the Civil War and that words can incite insurrection, citing the historical interpretations of the “insurrection” clause. But during cross-examination by Trump’s lawyer, Scott Gessler, the professor said he couldn’t define “incitement” because he’s not a First Amendment expert.
Trump is also seeking to end a trial at the Michigan Supreme Court over a similar effort to keep Trump off of the 2024 ballots in the state.
