Donald Trump's legal team suggested the wording of the U.S. Constitution's insurrection clause does not apply to him in a Colorado case, as Trump swore to "preserve, protect and defend" the Constitution, not to "support" it—here is the full text of his presidential oath when he took office in 2017.
Presidents-elect have taken the oath since the beginning of the republic. George Washington first said it in 1789, and the oath has been the centerpiece of presidential inaugurations ever since, symbolizing the continuity of democratic rule and the peaceful transition of power.
Trump is currently facing multiple attempts in different states, including Colorado, to remove his name from the ballot in the 2024 elections. The Colorado Supreme Court agreed to hear an appeal on a lawsuit filed by the Citizens for Responsibility and Ethics in Washington (CREW) watchdog group and Republican figures, who argue that Trump's actions on January 6, 2021, violated Section Three of the 14th Amendment and therefore he should be prohibited from running for the White House again.
In their appeal against the Colorado lawsuit, Trump's lawyers reiterated that the wording of Section Three, which states a person who "engaged in insurrection or rebellion" after taking an oath of office to support the Constitution should be barred from running for office again, does not apply to people running for president and that Trump technically did not swear an oath to "support" the Constitution.
Instead, they are arguing that during his January 2017 inauguration, Trump swore to "preserve, protect and defend" the Constitution during his role as president.
The oath of office comes directly from Article II, Section 1 of the Constitution. This is the full text, according to the National Museum of American History: "I do solemnly swear (or affirm) that I will faithfully execute the office of president of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
In 2017, Trump placed his left hand on an old Bible, raised his right hand and repeated the words read by Chief Justice John G. Roberts Jr. from the Constitution.
"I, Donald John Trump, do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States so help me God," he promised the American people.
Newsweek has reached out to Trump via email for comment.
In a previous ruling, lower court judge Sarah B. Wallace said that Trump had "engaged in insurrection" on January 6, the day of the Capitol riot, but that he should remain on Colorado's primary ballot as the wording of the 14th Amendment does not specifically mention preventing people from running for the presidency.
Colorado Secretary of State Jena Griswold has since criticized the ruling while speaking with MSNBC host Ali Velshi on November 18.
Griswold critiqued the ruling and said that "the idea that any official who would engage in insurrection would be barred from taking office, except the presidency, is incredibly surprising." She added: "That basically means that the presidency is a get-out-of-jail-free card for insurrection."
Griswold also said she believed this is not the last we will hear about this case and told Newsweek via phone on November 18: "I think this case will continue to play out...this case will very likely move forward to the Colorado Supreme Court and we will see what the Colorado Supreme Court does. As secretary of state, I'll follow whatever court decision is in place at the time to certify the ballot on January 5."
This also follows a failed attempt in Michigan, as judge James Redford also denied a request to keep Trump off the state's 2024 presidential primary ballot, saying that the request is a "political question" and not a question to be decided by the courts.
"The question of whether Donald J. Trump is qualified or disqualified from appearing on the 2024 general election ballot in Michigan is not ripe for adjudication at this time," the judge ruled.
Oral arguments in the Colorado case are scheduled to begin on December 6 after the Colorado Supreme Court agreed to hear an appeal on Wallace's decision that Trump can remain on the ballot in the Centennial State.
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Natalie Venegas is a Weekend Reporter at Newsweek based in New York. Her focus is reporting on education, social justice ... Read more
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