So I haven’t been following this lawsuit at all, so this is a genuine question. If the lawsuit is about barring trump from the ballot due to starting an insurrection, I would assume part of the trial was to argue for and against the claim that he started or otherwise participated in an insurrection, no? If that’s not the case, then I’d agree with you. If that is the case, however, then I don’t see how this trial wasn’t the due process you’re talking about
Anderson v Griswold (this case) is a civil lawsuit that started Oct 30 in CO district court under judge Sarah B. Wallace. This case involved opposing arguments over whether or not Trump engaged 8n insurrection. There was no jury.
Judge Wallace ruled (and CO supreme court later upheld) that Trump engaged in insurrection. The standard for burden of proof in this ruling was “clear and convincing,” (see supreme court ruling) which is somewhere between “beyond a reasonable doubt” (the standard for criminal cases) and a “preponderance of the evidence” (>50% chance of the accused being responsible). Clear and convincing evidence is typically used in discrimination and fraud lawsuits.
So I haven’t been following this lawsuit at all, so this is a genuine question. If the lawsuit is about barring trump from the ballot due to starting an insurrection, I would assume part of the trial was to argue for and against the claim that he started or otherwise participated in an insurrection, no? If that’s not the case, then I’d agree with you. If that is the case, however, then I don’t see how this trial wasn’t the due process you’re talking about
Anderson v Griswold (this case) is a civil lawsuit that started Oct 30 in CO district court under judge Sarah B. Wallace. This case involved opposing arguments over whether or not Trump engaged 8n insurrection. There was no jury.
Judge Wallace ruled (and CO supreme court later upheld) that Trump engaged in insurrection. The standard for burden of proof in this ruling was “clear and convincing,” (see supreme court ruling) which is somewhere between “beyond a reasonable doubt” (the standard for criminal cases) and a “preponderance of the evidence” (>50% chance of the accused being responsible). Clear and convincing evidence is typically used in discrimination and fraud lawsuits.