The former president's attorneys made the claim in two motions posted in court Monday.
to Democrat Joe Biden and his role leading up to the violent Jan. 6, 2021, attack on the U.S. Capitol.
Trump also will argue that the clause doesn't apply to him because “the Fourteenth Amendment applies to one who ‘engaged in insurrection or rebellion,’ not one who only ‘instigated’ any action,” Blue wrote. The motion under Colorado's anti-SLAPP law, which shields people from lawsuits that harass them for behavior protected by the First Amendment, will be the first of the 14th Amendment challenges filed in multiple states to be considered in open court. It was filed late Friday and posted by the court Monday.
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