Though there’s not a lot of information included in various available media reports, plaintiffs in the Colorado lawsuit that is targeting former President Donald Trump’s foundational eligibility for office are seeking to put him under oath for a deposition, CNN says. The publication also said that as of late last week the presiding judge hadn’t ruled on the question of doing so.
The judge, Sarah Wallace, has however consistently rejected various claims that targeted the foundation of the case, having most recently upheld in general terms the authority of state officials to decide on who appears on presidential primary ballots. The Colorado GOP had filed arguments with the court arguing against this power, pushing a scenario in which decisions on who shows up on state primary ballots would evidently fall to state party leadership — though there are foundational legal requirements for office, the enforcement of which rests with state authorities.
“If the Party, without any oversight, can choose its preferred candidate, then it could theoretically nominate anyone regardless of their age, citizenship, residency,” Wallace said, as highlighted by CNN. “Such an interpretation is absurd; the Constitution and its requirements for eligibility are not suggestions, left to the political parties to determine at their sole discretion.”
She also previously rejected arguments that the lawsuit was unfairly targeting what amounted to Trump’s free speech. The case rests on provisions of the 14th Amendment that block individuals who previously took an oath of office and then engaged in insurrection from later holding office, and those bringing these challenges, which have showed up in multiple states, contend that Trump is covered by these restrictions because of January 6, 2021, which his election conspiracy theories clearly spurred.
Trial in the Colorado case is on track to start before the end of the month. Another state with a similar case is Minnesota, and arguments in that dispute are reportedly set for early next month — so things are moving! Trump also remains on trial in New York over civil claims of fraud from the state attorney general, and he’s also still moving towards a federal trial on attempted election interference allegations early next year… and the list keeps going.