Trump should stay on illinois ballot but engaged in insurrection, ex-judge Says

Retired judge Clark Erickson, a Republican, stated that Trump engaged in the Capitol insurrection but recommended he stay on Illinois ballot. Erickson argues the election board lacks authority for constitutional vetting, suggesting legal questions belong in courts. The Illinois State Board of Elections will vote on this recommendation. Erickson believes Trump led an insurrection, creating a disruptive atmosphere, but whether to disqualify him remains contentious.

illinois ballot

Retired judge Clark Erickson, a Republican, stated that Trump engaged in the Capitol insurrection but recommended he stay on Illinois ballot. The issue of former President Donald Trump’s involvement in the January 6, 2021, insurrection at the US Capitol has stirred a contentious debate in illinois ballot. A retired state judge, Clark Erickson, who presided over an evidentiary hearing, has issued a recommendation to the Illinois State Board of Elections. This blog post explores the key arguments and considerations surrounding this case and delves into Erickson’s recommendation.

Erickson’s Recommendation about illinois ballot

Retired judge Clark Erickson, a Republican, concluded in his written recommendation that the Illinois State Board of Elections lacks the authority to assess candidates based on federal constitutional considerations. As a result, he recommended the dismissal of the case against Trump. However, Erickson introduced a crucial caveat, suggesting that if the board believes it has the statutory authority to review Trump’s eligibility under the 14th Amendment, then they should consider removing him from the ballot due to his involvement in the insurrection.

The Illinois State Board of Elections: A Bipartisan Panel

The Illinois State Board of Elections is a bipartisan panel comprising four Democrats and four Republicans. Their decision, set to be voted on, carries significant weight in determining Trump’s eligibility. It’s important to note that their ruling can be appealed in Illinois state courts. Erickson acknowledged that certain key questions related to this case may be better suited for resolution within the legal framework of the courts, rather than solely relying on the election board’s decision.

Assessment of January 6 Events

Erickson’s recommendation provides an assessment of the events of January 6, stating that the former president led “an elaborate plan” to disrupt the peaceful transfer of power. Erickson argues that Trump, while not intending for violence, created a climate that contributed to the events of January 6. The judge criticizes Trump for providing lists of fraudulent electors, contributing to the chaos with the express purpose of disrupting the electoral process.

Trump’s Public Comments and Social Media Activity

Erickson scrutinizes Trump’s public comments during the attack, highlighting tweets that called for peace but failed to direct his supporters to leave the US Capitol building. The judge interprets these calls for peace as attempts to give Trump plausible deniability, emphasizing the former president’s awareness of the unfolding events and his role in creating a contentious environment.

Inflammatory Tweets and Criticism of Vice President Pence

Erickson specifically addresses Trump’s tweets during the attack, characterizing them as inflammatory and designed to fan the flames. The retired judge singles out Trump’s criticism of Vice President Pence for not overturning the 2020 election results, deeming it “inexplicable” and compelling evidence of Trump’s engagement in and support for the insurrection.

Challenges Filed by Illinois Voters

The challenge against Trump was initiated by several Illinois voters ( illinois ballot ), asserting that the state should follow the lead of Colorado and Maine in removing him from the 2024 presidential ballots due to his role in the January 6 insurrection. It’s essential to note that decisions in those states are on hold pending the outcome of Trump’s appeal of the Colorado case to the US Supreme Court.

Similar Lawsuits in Other States

The illinois ballot case is part of a broader trend, with similar lawsuits filed in various states. However, some have been dismissed on procedural grounds in states like Michigan and Minnesota. The legal landscape surrounding these challenges remains dynamic and subject to ongoing developments.

The Ongoing Legal Saga

The controversy surrounding Donald Trump’s eligibility in the Illinois election ( illinois ballot ) is a microcosm of the larger legal battles stemming from the events of January 6, 2021. Erickson’s recommendation, while providing insights into the former president’s actions, also underscores the complex nature of interpreting constitutional and statutory authority. As the Illinois State Board of Elections weighs the decision, the outcome will not only impact Trump’s potential candidacy but may also set a precedent for similar cases in other states. The legal saga continues, and the implications extend beyond the boundaries of Illinois, shaping the discourse on the boundaries of political participation and accountability.