A judge on Tuesday denied former President Donald Trump‘s request to move a Colorado case aimed at removing him from the state’s 2024 ballot to federal court.
In a 4-page order, Chief U.S. District Judge Philip A. Brimmer sent the lawsuit back to a state court in Denver County where it was filed last week by a group of six voters.
Brimmer, who was nominated by former President George W. Bush, said that Trump had not properly served Colorado Secretary of State Jena Griswold, a Democrat, or obtained her consent for removal as required by law.
“Because Secretary Griswold accepted service before Mr. Trump removed the case and she did not join in or consent to removal, the Court finds that removal was defective,” Brimmer wrote.
A lawyer for Trump and an attorney representing the voters did not immediately respond to requests for comment Tuesday night.
Shortly before Brimmer’s order, lawyers for Trump said in a filing that the former president “withdraws” his removal notice and “does not object to a remand to state court,” while also arguing that Trump did not need Griswold’s consent in seeking to move the case. Brimmer disputed that argument in his order.
A spokesperson for Griswold’s office did not immediately respond to a request for comment.
The judge’s decision comes days after Trump asked to have the lawsuit moved from state court to federal court because it cited the U.S. Constitution’s 14th Amendment as a core argument.
The 14th Amendment says in part that no person shall hold any office if they “engaged in insurrection or rebellion” after having taken an oath to support the Constitution. The lawsuit argues that Trump violated his oath through his connection to the Jan. 6 riot.
Secretaries of state in New Hampshire, Arizona, Michigan and have faced, or are preparing to face, legal challenges to Trump’s eligibility as they prepare state ballots for the upcoming Republican presidential primaries.
This is a developing story. Please check back for updates.
Source: | This article originally belongs to Nbcnews.com
