The US Supreme Court has rejected Colorado state attempts to remove Donald Trump from the ballot for president.
He can now remain on the ballot for president in the state after the court rejected claims he was accountable for the Capitol riots in 2021.
On his social media platform after the ruling, Trump wrote: “BIG WIN FOR AMERICA!!!”
Trump is the frontrunner for the Republican nomination to challenge Democratic president Joe Biden in November’s US election.
His only remaining rival for his party’s nomination is former South Carolina governor, Nikki Haley.
The Colorado Supreme Court said in December Trump could not stand for election in the state because he had “engaged in insurrection or rebellion”.
The judges ruled Trump was disqualified because he had incited the 6 January riot at the Capitol building in Washington DC in an attempt to overturn his loss in the 2020 presidential election.
The 14th Amendment’s Section 3 bars from office any “officer of the United States” who took an oath “to support the Constitution of the United States” and then “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof”.
“We conclude that states may disqualify persons holding or attempting to hold state office.
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“But states have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the presidency,” the unsigned opinion for the court stated.
The justices found that only Congress can enforce the provision against federal officeholders and candidates.
Trump was also barred from the ballot in Maine and Illinois based on the 14th Amendment, but those decisions were put on hold pending the Supreme Court’s ruling in the Colorado case.
The former president’s eligibility had been challenged in court by a group of six voters in Colorado – four Republicans and two independents – who portrayed him as a threat to American democracy and sought to hold him accountable for the 6 January riots.
In a bid to prevent Congress from certifying Mr Biden’s 2020 election victory, Trump supporters attacked police, broke through barricades and swarmed the Capitol.
Trump had given an incendiary speech to supporters beforehand, repeating his false claims of widespread voting fraud and telling them to go to the Capitol and “fight like hell”.
Then, for a number of hours, he ignored requests for him to urge the mob to stop.
The ruling came on the eve of Super Tuesday – the day in the US presidential primary cycle when the most states hold party nominating contests.
Ruling from top US court was not unexpected
This is a sweeping victory for Donald Trump, but it isn’t a great surprise.
It was all about whether Donald Trump was disqualified from running again for president because of his involvement in the attack on the US Capitol on 6 January 2021.
The Supreme Court in Colorado (each state has its own top court) had concluded he was involved in an insurrection and that this fact disqualified him from running for president under a clause in the US Constitution’s 14th amendment.
Two other states, Maine and Illinois, made similar decisions.
But now the US Supreme Court, the highest court in the land, ruled that individual states do not have the authority to determine whether a presidential candidate is ineligible under a provision of the Constitution’s 14th Amendment.
The justices’ ruling makes it clear the US Congress, not individual states, set rules on how the 14th Amendment provision can be enforced.
“Because the Constitution makes Congress, rather than the states, responsible for enforcing section 3 against all federal officeholders and candidates, we reverse,” the ruling said.
This means the decision applies to all states, not just Colorado.
The top court is often accused of being politically driven because the justices are appointed by the president.
It’s currently weighted towards conservatives.
But in this case, the ruling was unanimous – 9-0, undermining any suggestion of political motivation.
It was the first time a US president had been convicted of or charged with a criminal offence.
Trump had tried to cover up “hush money” payments to a porn star in the days before the 2016 election.
When Stormy Daniels‘ claimsof a sexual liaison threatened to upend his presidential campaign, Trump directed his lawyer to pay $130,000 (£102,000) to keep her quiet.
The payment buried the story and he later won the presidency.
Trump denied the charges and said the case was politically motivated. He also denied the sexual encounter took place.
New York State Supreme Court Justice Juan Merchan today delayed the sentencing, which had been due to take place on Tuesday.
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The office of district attorney Alvin Bragg had asked the judge to postpone all proceedings until Trump finishes his four-year presidency, which starts on 20 January.
Trump’s lawyers say the case should be dismissed because it will create “unconstitutional impediments” to his ability to govern.
Responding to Friday’s decision, a Trump campaign spokesman said: “The American People have issued a mandate to return him to office and dispose of all remnants of the Witch Hunt cases.”
The judge set a 2 December deadline for Trump’s lawyers to file their motion, while prosecutors have until 9 December to respond.
He did not set a new date for sentencing or indicate when he would rule on any motion to throw out the case.
Even before Trump’s win in this month’s election, experts said a jail term was unlikely and a fine or probation more probable.
But his resounding victory over Kamala Harris made the prospect of time behind bars or probation even less likely.
Trump, 78, was also charged last year in three other cases.
One involved him keeping classified documents after he left office and the other two centre on alleged efforts to overturn his 2020 election loss.
A Florida judge dismissed the documents case in July, the Georgia election case is in limbo, and the Justice Department is expected to wind down the federal election case as it has a policy of not prosecuting a sitting president.
Trump last week nominated his lawyers in the hush money case, Todd Blanche and Emil Bove, for senior roles in the Justice department.
When he re-enters the White House, Trump will also have the power to shut down the Georgia and New York cases.
Donald Trump has pledged for years to surround himself with ultra-loyalists who can mould his government to his vision without barriers.
That’s precisely why he picked Matt Gaetz. Now he’s out, Pam Bondi is in and she’s equally loyal.
Gaetz was uniquely unpopular on Capitol Hill but ultra-MAGA and ultra-loyal to the president-elect.
He was chosen by the president-elect to do his bidding inside the Justice Department as attorney general.
Critics called his pick “a red alert moment for democracy” and the man a “gonzo agent of chaos” – language that would surely only affirm Trump’s decision in his own proudly disruptive mind.
If it wasn’t for the fact that the president-elect is himself a convicted felon, and a man found liable in a civil court of his own sexual offences, the prospect of Gaetz, with all his baggage, making it through the nomination process would have seemed remote.
But Donald Trump’s return to the White House suggested anything is possible.
And so, beyond his loyalty, Gaetz was Trump’s test for his foot soldiers on Capitol Hill. How loyal were they? Would they wave through anyone he appointed?
It turns out that Gaetz, and the storm around his private life, was too much for a proportion of them.
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At least five Senate Republicans were flatly against Matt Gaetz’s confirmation. We understand that they communicated to other senators and those close to Trump that they were unlikely to be swayed.
They included the Republican old guard like Senator Mitch McConnell.
Beyond the hard “no” senators, there were between 20 and 30 other Republicans who were very uncomfortable about having to vote for Gaetz on the Senate floor.
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2:23
Trump pick Matt Gaetz withdraws
The key question is whether Gaetz was Trump’s intentional wild card crazy choice that he knew, deep down, would probably never fly.
Was Gaetz the candidate he had accepted would be vetoed by senators – who would then feel compelled to wave the rest of his nominees through?
Will Pete Hegseth’s alleged sexual impropriety concern them as they consider the suitability of the former Fox News host and army major to run the Department of Defence?
What about Tulsi Gabbard, the candidate Russian state TV calls ‘our girl’, and the appropriateness of her running America’s intelligence agencies?
These are all appointments that the politicians on Capitol Hill must consider and confirm in the weeks ahead.
We don’t yet know who Trump will choose to direct the FBI.
There are some names being floated which will make the establishment of Washington shudder but then that’s precisely why Trump was elected. He is the disrupter. He said so at every rally, on repeat.
He was quick to pivot to another name to replace Gaetz.
Bondi is the former attorney general of Florida. Professionally she is in a different league to Gaetz. She’s been a tough prosecutor, with a no-nonsense reputation.
She is also among the most loyal of loyalists. Her attachment to Trump stretches way back.
I first came across her in Philadelphia in November 2020 when she was among Trump surrogates claiming the election back then had been stolen from them by Joe Bidenand the Democrats.
She was a key proponent of the false claims the election had been rigged and Trump was the rightful winner.
The court cases concluding that was all nonsense didn’t seem to convince her.
Now she is poised to head up the Department of Justice as the country’s top law enforcement official.
Within hours of taking office, president-elect Donald Trump plans to begin rolling out policies including large-scale deportations, according to his transition team.
Sky News partner network NBC News has spoken with more than half a dozen people familiar with the executive orders that his team plans to enact.
One campaign official said changes are expected at a pace that is “like nothing you’ve seen in history”, to signal a dramatic break from President Joe Biden’s administration.
Mr Trump is preparing on day one to overturn specific policies put in place by Mr Biden. Among the measures, reported by sources close to the transition team, are:
• The speedy and large-scale deportations of illegal immigrants
• Ending travel reimbursement for military members seeking abortion care
• Restricting transgender service members’ access to gender-affirming care
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But much of the first day is likely to focus on stopping illegal immigration – the centrepiece of Trump’s candidacy. He is expected to sign up to five executive orders aimed at dealing with that issue alone after he is sworn in on 20 January.
“There will without question be a lot of movement quickly, likely day one, on the immigration front,” a top Trump ally said.
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“There will be a push to make a huge early show and assert himself to show his campaign promises were not hollow.”
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2:23
Donald Trump ally Matt Gaetz has withdrawn his name from consideration to be the next US attorney general.
But Mr Trump’s campaign pledges also could be difficult to implement.
Deporting people on the scale he wants will be a logistical challenge that could take years. Questions also remain about promised tax cuts.
Meanwhile, his pledge to end the war between Russia and Ukraine in just 24 hours would be near impossible.
Even so, advisers based at Mr Trump’s Mar-a-Lago resort or at nearby offices in West Palm Beach, Florida, are reportedly strategising about ending the wars in Ukraine and the Middle East.
Following his decisive victory on 5 November, the president-elect has moved swiftly to build a cabinet and senior White House team.
As of Thursday, he had selected more than 30 people for senior positions in his administration, compared with just three at a similar point in his 2016 transition.
Stephen Moore, a senior economic adviser in Mr Trump’s campaign, told NBC News: “The thing to realise is Trump is no dummy.
“He knows he’s got two to three years at most to get anything done. And then he becomes a lame duck and we start talking about [the presidential election in] 2028.”