"As an appeals lawyer, it would be this is the very worst decision Donald Trump could get from the trial court," Neal Katyal said.

Despite keeping him on the presidential ballot, a Colorado judge’s ruling could still prove “devastating” for former President Donald Trump, a former solicitor general has said.

Speaking with MSNBC host Jen Psaki on Sunday afternoon, former Acting Solicitor General Neal Katyal said that a Colorado court finding that Trump engaged in insurrection against the government after the 2020 presidential election was “the very worst decision Trump could get.”

“There’s a factual finding that the judge said, which is that Trump committed insurrection,” Katyal said of District Judge Sarah B. Wallace’s ruling. “On appeals, the factual findings get massive deference by the appeals court. It’s almost impossible to overturn a trial judge’s factual finding.”

  • Wooster@startrek.websiteEnglish
    45·
    1 year ago

    I read the article, but it fails to elaborate on how it’s a worst case scenario for Trump.

    How does Colorado finding Trump guilty of insurrection, but not barring him from the ballot, hinder him in any meaningful way?

    • Iwasondigg@lemmy.one
      12·
      1 year ago

      Not a lawyer, and I agree the article is confusing, but my takeaway is that they will appeal to a higher court and the ruling will hurt him there? Maybe it hurts him in other states too. I think the point of the trial is to take this up to the supreme court, and whether he wins or loses, it was destined to escalate to that level.

      • potterpockets@sh.itjust.works
        5·
        1 year ago

        If somebody wanted to press the issue a SoS in a state would just flat out say he isnt and force the Trump campaign to sue. Force the SC to take it up due to multiple, conflicting rulings/interpretations of the law. That might be the only way to ensure they do it in a timely manner.

        That said, i dont have much faith that the SC in its current composition wouldnt just side with Trump immediately.

    • Rusticus@lemmy.worldEnglish
      9·
      1 year ago

      Because the legal reasoning for NOT barring him from the ballot is flawed (she claimed he’s not an “officer of the United States”) and will almost certainly be overturned on appeal and/or in the Colorado Supreme Court. In essence, the judge set the table for Trump to get screwed.

    • Moobythegoldensock@lemm.ee
      8·
      1 year ago

      Because the logic the judge used in his favor is that the US president is not an officer of the USA, and that’s a very flimsy argument that probably won’t stand up on appeal.