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    How Could the Supreme Court Respond to Colorado?

    David Firestone and Donald Trump engaged in insurrection and that disqualifies him from appearing on the 2024 ballot in Colorado, the state’s Supreme Court ruled Tuesday.In this audio conversation with the Opinion editor David Firestone, the editorial board writer Jesse Wegman says he believes that the United States Supreme Court will eventually take this case. But Wegman is less certain than he once was that “the court is just going to strike this down.”Illustration by The New York Times; Photograph by Scott Morgan/ReutersThe Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow the New York Times Opinion section on Facebook, X (@NYTOpinion) and Instagram.This episode of “The Opinions” was produced by Jillian Weinberger. It was edited by Kaari Pitkin with help from Phoebe Lett. Mixing by Isaac Jones and Carole Sabouraud. Original music by Carole Sabouraud. Fact-checking by Marge Mary Locker and Kate Sinclair. Audience strategy by Kristina Samulewski and Shannon Busta. More

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    Democrats Keep Hoping It’s Curtains for Trump. He’s Still Center Stage.

    As Donald Trump faces a new threat to his political future, this time over the question of ballot eligibility, Democrats again find themselves looking toward American institutions to stop him.For as long as Donald J. Trump has dominated Republican politics, many Democrats have pined for a magical cure-all to rid them of his presence.There was the Mueller investigation into Mr. Trump’s 2016 campaign and its ties to Russia, which began four months into his presidency. Then came the first impeachment. Then, after Mr. Trump lost the 2020 election and his supporters stormed the Capitol, the second impeachment.Each time, Democrats entertained visions of Mr. Trump meeting his political downfall. Each time, they were disappointed.This year, liberal hopes have sprung anew, with federal and state prosecutors bringing 91 felony charges against Mr. Trump in four criminal cases.Then, on Tuesday, came what appeared to be an out-of-the-blue act of deliverance from Denver. Colorado’s top court ruled that Mr. Trump should be disqualified from holding office on the grounds that he incited an insurrection on Jan. 6, 2021, a decision that is likely to end up at the U.S. Supreme Court.Once again, Democrats find themselves looking toward American institutions to stop Mr. Trump, whom they view as a mortal threat to democracy. For many, it may be more pleasant to think about a judicial endgame that stops Mr. Trump than envisioning the slog of next year’s likely rematch against President Biden.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    Biden Says It’s ‘Self-Evident’ That Trump Supported an Insurrection

    But President Biden said the courts must decide if former President Donald J. Trump should be on the ballot in 2024.President Biden said on Wednesday that it was “self-evident” that former President Donald J. Trump had supported an insurrection on Jan. 6, 2021, but that the courts would decide whether he should be on the ballot in 2024.The president was responding to a reporter’s question about the Colorado Supreme Court decision on Tuesday that said that Mr. Trump was disqualified from being on the 2024 ballot in the state’s Republican primary because he was part of an insurrection.“Not going to comment on it,” Mr. Biden said after landing in Milwaukee for a speech to the Wisconsin Black Chamber of Commerce.And then he did.“It’s self-evident. You saw it all,” Mr. Biden said, adding that it would be up to the court to decide whether Mr. Trump was in violation of the 14th Amendment, which says that acts of insurrection can disqualify someone from office.“But he certainly supported an insurrection,” Mr. Biden said. “No question about it. None. Zero.”Mr. Biden typically steers clear of talking about Mr. Trump’s legal culpability or any of the federal charges pending against him.Mr. Trump has denied that he incited the Jan. 6 riot. His campaign said it would appeal Tuesday’s decision, which applies only to Colorado, to the U.S. Supreme Court. But the court could end up answering the question for all 50 states.Mr. Trump has been the Republican front-runner for the nomination for months, despite the long list of criminal charges he faces in multiple investigations.On Wednesday, Mr. Trump called the indictments against him “political” and “fake.”The Supreme Court recently agreed to hear a case that could complicate and delay the election interference case against him in Washington. More

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    Trump’s Ballot Eligibility Faces Challenges in These Other States, Too

    At least 16 states beyond Colorado currently have open legal challenges to the former president’s eligibility for office — but what happens next depends on the U.S. Supreme Court.This week’s decision by the Colorado Supreme Court to disqualify former President Donald J. Trump from holding office again was the first victory for a sprawling legal effort that is still unfolding across the country.At least 16 other states currently have pending legal challenges to Mr. Trump’s eligibility for office under the 14th Amendment, according to a database maintained by Lawfare, a nonpartisan site dedicated to national security issues. The lawsuits argue that he is barred because he engaged in an insurrection with his actions surrounding the Capitol riot on Jan. 6, 2021.Four of these lawsuits — in Michigan, Oregon, New Jersey and Wisconsin — have been filed in state courts. Eleven lawsuits — in Alaska, Arizona, Nevada, New York, New Mexico, South Carolina, Texas, Vermont, Virginia, West Virginia and Wyoming — have been filed in federal district courts.Cases in two of these states, Arizona and Michigan, were initially dismissed by a lower court but have been appealed. Another challenge has also been made in Maine.The Trump campaign has said it will appeal the ruling in Colorado, in which the State Supreme Court said it would put its decision on hold — meaning that it is not in effect — until Jan. 4, in hopes of receiving guidance from the U.S. Supreme Court.“We are also cognizant that we travel in uncharted territory, and that this case presents several issues of first impression,” the Colorado justices wrote, noting that their decision could change based on “the receipt of any order or mandate from the Supreme Court.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    ‘The Daily’: Why A Colorado Court Just Knocked Trump Off the Ballot

    Rob Szypko and Lisa Chow and Listen and follow The DailyApple Podcasts | Spotify | Amazon MusicThe Colorado Supreme Court ruled on Tuesday that former President Donald J. Trump is barred from holding office under the 14th Amendment, which disqualifies those who engage in insurrection, and directed Mr. Trump’s name to be excluded from the state’s 2024 Republican primary ballot.Adam Liptak, who covers the court for The New York Times, explains the ruling and why the case is likely headed to the U.S. Supreme Court.On today’s episodeAdam Liptak, who covers the United States Supreme Court for The New York Times.Former President Donald J. Trump campaigned in Waterloo, Iowa, on Tuesday.Rachel Mummey for The New York TimesBackground readingTrump Is Disqualified From Holding Office, Colorado Supreme Court RulesColorado Ruling Knocks Trump Off Ballot: What It Means, What Happens NextRead the Colorado Supreme Court’s Decision Disqualifying Trump From the BallotThere are a lot of ways to listen to The Daily. Here’s how.We aim to make transcripts available the next workday after an episode’s publication. You can find them at the top of the page.The Daily is made by Rachel Quester, Lynsea Garrison, Clare Toeniskoetter, Paige Cowett, Michael Simon Johnson, Brad Fisher, Chris Wood, Jessica Cheung, Stella Tan, Alexandra Leigh Young, Lisa Chow, Eric Krupke, Marc Georges, Luke Vander Ploeg, M.J. Davis Lin, Dan Powell, Sydney Harper, Mike Benoist, Liz O. Baylen, Asthaa Chaturvedi, Rachelle Bonja, Diana Nguyen, Marion Lozano, Corey Schreppel, Rob Szypko, Elisheba Ittoop, Mooj Zadie, Patricia Willens, Rowan Niemisto, Jody Becker, Rikki Novetsky, John Ketchum, Nina Feldman, Will Reid, Carlos Prieto, Ben Calhoun, Susan Lee, Lexie Diao, Mary Wilson, Alex Stern, Dan Farrell, Sophia Lanman, Shannon Lin, Diane Wong, Devon Taylor, Alyssa Moxley, Summer Thomad, Olivia Natt, Daniel Ramirez and Brendan Klinkenberg.Our theme music is by Jim Brunberg and Ben Landsverk of Wonderly. Special thanks to Sam Dolnick, Paula Szuchman, Lisa Tobin, Larissa Anderson, Julia Simon, Sofia Milan, Mahima Chablani, Elizabeth Davis-Moorer, Jeffrey Miranda, Renan Borelli, Maddy Masiello, Isabella Anderson and Nina Lassam. More

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    Read the Colorado Supreme Court’s Decision Disqualifying Trump From the Ballot

    Martinez Law, LLC

    Esteban A. Martinez

    Longmont, Colorado

    Attorneys for Amicus Curiae Professor Mark A. Graber: The Paul Wilkinson Law Firm LLC

    Nelson Boyle

    Denver, Colorado

    Attorneys for Amici Curiae Kansas Republican Party, Delaware Republican Party, Michigan Republican Party, North Dakota Republican Party, Oklahoma Republican Party, West Virginia Republican Party, Wisconsin Republican Party, Wyoming Republican Party, Delaware Republican Party, Georgia Republican Party, Nebraska Republican Party, Maine Republican Party, Idaho Republican Party, and Rhode Island Republican Party:

    McGowne Law Offices, P.A.

    Christopher J. McGowne Hays, Kansas

    Attorneys for Amicus Curiae Professor Kurt T. Lash: Illingworth Law, LLC

    David W. Illingworth II

    Woodland Park, Colorado

    Attorneys for Amicus Curiae Professor Derek T. Muller: Covenant Law PLLC

    Ian Speir

    Colorado Springs, Colorado

    Attorneys for Amici Curiae Republican National Committee, National Republican Senatorial Committee, and National Republican Congressional Committee:

    Brownstein Hyatt Farber Schreck, LLP

    Christopher O. Murray

    Julian R. Ellis, Jr.

    Denver, Colorado

    Attorneys for Amici Curiae States of Indiana, West Virginia, Alabama, Alaska, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North

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    Proud Boys Member Who Helped Prosecution Sentenced in Jan. 6 Attack

    Charles Donohoe, one of the members of the extremist group who cooperated with prosecutors, was sentenced to 40 months, slightly more than the time he has already been credited for.A former leader of the Proud Boys who helped the government investigate and prosecute others in the far-right group involved in the attack on the Capitol on Jan. 6, 2021, was sentenced on Tuesday to 40 months in prison for his own role in the assault.His sentence slightly exceeded the nearly 38 months he has been credited for since his arrest after the riot, meaning he is likely to be released in a little over two months.The former leader, Charles Donohoe, was the first member of the Proud Boys who cooperated with prosecutors to be sentenced for taking part in the Capitol attack.While Mr. Donohoe, who once ran a Proud Boys chapter in North Carolina, never testified in public against any of his compatriots, his sentence reflected the value that prosecutors placed on his assistance. His cooperation contributed, among other things, to four members of the organization — including its former chairman, Enrique Tarrio — being convicted of seditious conspiracy this spring.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    State Dept.’s Fight Against Disinformation Comes Under Attack

    The Global Engagement Center has become the focus of Republican-led criticism that the U.S. government coerces social media platforms into removing offensive content.A Republican-led campaign against researchers who study disinformation online has zeroed in on the most prominent American government agency dedicated to countering propaganda and other information operations from terrorists and hostile nations.The agency, the State Department’s Global Engagement Center, is facing a torrent of accusations in court and in Congress that it has helped the social media giants — including Facebook, YouTube and X — to censor Americans in violation of the First Amendment.The attorney general of Texas, Ken Paxton, and two conservative digital news outlets last week became the latest plaintiffs to sue the department and its top officials, including Secretary of State Antony J. Blinken. The lawsuit said the center’s work was “one of the most egregious government operations to censor the American press in the history of the nation.”The center faces a more existential threat in Congress. House Republicans blocked a proposal this month to reauthorize the center, which began in 2011 to counter the propaganda of terrorist groups like Al Qaeda and the Islamic State. A small agency, with a regular staff of 125 people, many of them contractors, and a budget of $61 million, the center coordinates efforts across the government to track and expose propaganda and disinformation from Russia, China and other adversaries. With its mandate set to expire at the end of next year, the center is now operating under a shroud of uncertainty, even though its supporters say there is no evidence to back the charges against it.If the Republicans hold firm, as a core bloc in the House appear determined to do, the center would disband amid two major regional wars and a wave of elections in 2024, including the U.S. presidential campaign.James P. Rubin, the center’s coordinator since early this year, disputed the allegations that his organization censored Americans’ comments online. The center’s legal mandate, he said, was to “focus on how foreign adversaries, primarily China and Russia, use information operations and malign interference to manipulate world opinion.”“What we do not do is examine or analyze the U.S. information space,” he said.The center’s fate has become enmeshed in a much broader political and legal campaign over free speech and disinformation that has gained enough traction to reach the Supreme Court.A lawsuit filed last year by the attorneys general of Missouri and Louisiana accused numerous government agencies of cajoling or coercing social media platforms into removing content that spread what officials called false or misleading information about the Covid-19 pandemic, the presidential election of 2020 and other issues.A federal court ruled in the plaintiffs’ favor in July, temporarily barring government officials from contacting officials with the companies except in matters of law enforcement or national security. An appeals court largely upheld the ruling in September but limited its reach, excluding several agencies from the lower court’s injunction against contacts, the Global Engagement Center among them.“There is no indication that State Department officials flagged specific content for censorship, suggested policy changes to the platforms or engaged in any similar actions that would reasonably bring their conduct within the scope of the First Amendment’s prohibitions,” wrote a three-judge panel for the United States Court of Appeals for the Fifth Circuit in New Orleans.The Global Engagement Center, which is part of the State Department, is facing a torrent of accusations in court and in Congress that it has helped the social media giants to censor Americans.J. Scott Applewhite/Associated PressThe Supreme Court is expected to weigh in next spring on the Missouri case, a decision that could have big ramifications for the government and free speech in the internet era. The campaign against researchers who study the spread of disinformation has already had a chilling effect on universities, think tanks and private companies, which have found themselves smothered by subpoenas and legal costs.The efforts have been fueled by disclosures of communications between government officials and social media companies. Elon Musk who released a selection of messages after he purchased Twitter, since rebranded as X, called the Global Engagement Center “the worst offender in US government censorship & media manipulation.”“They are a threat to democracy,” wrote Mr. Musk, who has restored numerous accounts that Twitter had suspended for violating the platform’s guidelines for disinformation, hate speech and other content. (Over the weekend, he allowed the return of Alex Jones, a far-right conspiracy theorist who spent years falsely claiming the Sandy Hook Elementary School shooting in 2012 was a hoax.)The Global Engagement Center has faced criticism before — not over censorship, but for having little effect at a time when global propaganda and disinformation has become more pernicious than ever with the rise of social media.A report by the State Department’s inspector general last year said the center suffered from a sclerotic bureaucracy that limited its ability to manage contractors and failed to create a strategic planning process that could measure its effectiveness. The department accepted the findings and promised to address them, the report said.Mr. Rubin, who was appointed at the end of last year, has sought to bolster the center’s core mission: challenging disinformation from foreign adversaries intent on undermining American democracy and influence around the world.In September, the center released a sweeping report that accused China’s Communist Party of using “deceptive and coercive methods” to try to control the global information environment. A month later it released two reports on Russia’s covert influence efforts in South America, including one intended to pre-empt an operation before it got off the ground.The Global Engagement Center began in 2011 to counter the propaganda of terrorist groups like Al Qaeda and the Islamic State.Jon Elswick/Associated PressThe center has had regular interactions with the social media companies, but, the appeals court ruled, there is no evidence that its officials coerced or otherwise influenced the platforms. Federal regulations prohibit any agency from engaging in propaganda at home.“We are not in the business of deciding what is true or not true,” Mr. Rubin said, adding that the center’s role was to identify “the hidden hand” of foreign propaganda.Since the Republicans took control of the House of Representatives in January, however, the Global Engagement Center has faced numerous subpoenas from a subcommittee investigating the “weaponization of government,” as well as depositions in lawsuits and requests for records under the Freedom of Information Act.At public hearings, House Republicans have repeatedly threatened not to renew the center’s expiring mandate and have grilled department officials about Americans whose accounts have been suspended. “The onus on you is to change my mind,” Representative Brian Mast, a Republican from Florida, told Daniel Kimmage, the center’s principal deputy coordinator, at a hearing in October.The Democrats in both houses of Congress and the Republicans in the Senate reached an agreement to extend the center’s mandate as part of the defense authorization act — one of the few pieces of legislation that might actually pass this year — but House Republicans succeeded in stripping the provision out of the broader legislation.The plaintiffs in the lawsuit filed last week in Texas argued that the department had in effect sidestepped its legal constraints by providing grants to organizations that routinely identify sources of disinformation in public reports and private interactions with social media platforms. The organizations include the Global Disinformation Index, a nonprofit based in London; and NewsGuard, a company in New York.The two news organizations that joined Texas in filing the suit — The Federalist and The Daily Wire — were both listed by the Global Disinformation Index in a December 2022 report as having a high risk for publishing disinformation. (The New York Times was among those rated as having a minimum risk. The Times’s website, the report said, “was not always free of bias, but it generally avoided targeting language and adversarial narratives.”)The center’s grant to the group — $100,000 in total — went to a project focused on disinformation in Southeast Asia. But the lawsuit claimed that its support injured the outlets “by starving them of advertising revenue and reducing the circulation of their reporting and speech — all as a direct result of defendants’ unlawful censorship scheme.”Josh Herr, The Daily Wire’s general counsel, said the outlet might never know “the full extent of the business lost.”“But this lawsuit is not about quantifying those losses,” he said. “We are not seeking damages. What we are seeking is to protect our rights, and all publishers’ rights, under the First Amendment.”Nina Jankowicz, a researcher who briefly served as the head of a disinformation advisory board at the Department of Homeland Security last year before controversy scuttled her appointment and the board itself, said the argument that the State Department was responsible for the impact of research it did not finance was absurd.Ms. Jankowicz said that the campaign to cast efforts to fight disinformation as a form of censorship had proved politically effective even when evidence did not support the claims.“I think any American, when you hear, ‘Oh, the administration, the White House, is setting up something to censor Americans, even if that has no shred of evidence behind it, your ears are going to prick up,” she said. “And it’s really hard to disprove all that.” More