"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."

  • 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.

        • potterpockets@sh.itjust.works
          2·
          1 year ago

          My understanding is that that applies to other state courts making rulings, but i cant see how that apples to apples to Secretaries of State deciding that he is an invalid candidate. Which is why it would possibly force the Trump campaign to sue and push to force the SC to rule on the issue one way or the other. Because if they dont then Trump could remain off the ballot in that state.