In an historic decision, Judge Tracie Porter of the Cook County Circuit Court in Illinois granted the election objection filed earlier this year by HSPRD, in collaboration with national non-profit Free Speech For People and attorney Ed Mullen, and ruled today that Donald Trump engaged in insurrection and is disqualified from the Presidency under Section 3 of the Fourteenth Amendment. Judge Porter rejected Trump’s arguments that he did not engage in insurrection, that he did not swear an oath to support the Constitution, and that the Presidency is not an office under the United States, among others. She ordered the Electoral Board to remove Trump’s name from Illinois ballots.
“Judge Porter’s reasoned decision contributes to the growing consensus of courts recognizing and condemning Trump’s decisive role in the January 6th attack on the Capitol,” said HSPRD attorney Caryn Lederer. “The decision recognizes the importance of rule of law and upholding the mandates of the U.S. Constitution.”
Every court and official that has addressed the merits of Trump’s qualifications under Section 3 has found that he engaged in insurrection after taking the oath of office and is therefore disqualified from the Presidency. Like Judge Porter in Illinois, the Colorado Supreme Court and Maine’s Secretary of State have determined that Trump incited and engaged in the January 6th insurrection and is therefore ineligible to hold future public office under Section 3 of the Fourteenth Amendment. The Colorado case, Trump v. Anderson, is currently on appeal before the U.S. Supreme Court.
Judge Porter issued her decision following a several hour hearing, argued for the Objectors by Lederer, and review of a robust record including several thousand pages of evidence and videos. Implementation of Judge Porter’s order is stayed if, by March 1, 2024, Trump appeals the ruling to the Illinois Appellate Court or Illinois Supreme Court or if the U.S. Supreme Court issues a ruling in Trump v. Anderson that is inconsistent with her ruling.
Click here to read Judge Porter’s decision.
Click here to read The New York Times’ coverage of the decision.
Click here to read more about the Objection filed by HSPRD.
