The district court nevertheless concluded Trump was not disqualified under Section 3 of the Fourteenth Amendment for two related reasons. First, because it does not apply to individuals—like Trump—who had taken only the presidential oath of office before engaging in insurrection and, second, because it does not prevent even oath-breaking insurrectionists from becoming President. The district court reasoned that the terms “President” and "Presidency” are not specifically mentioned in Section 3, that the President is not an “officer of the United States” as that term is used in Section 3, that the Presidency is not an “office under the United States” as that term is used in Section 3, and that the President’s oath to “preserve, protect, and defend the Constitution” is not an oath to “support” the Constitution as required by Section 3. Id. 299-315. Petitioners timely appeal this portion of the district court’s decision under C.R.S. § 1-1-113(3).

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The district court nevertheless concluded Trump was not disqualified under Section 3 of the Fourteenth Amendment for two related reasons. First, because it does not apply to individuals—like Trump—who had taken only the presidential oath of office before engaging in insurrection and, second, because it does not prevent even oath-breaking insurrectionists from becoming President. The district court reasoned that the terms “President” and "Presidency” are not specifically mentioned in Section 3, that the President is not an “officer of the United States” as that term is used in Section 3, that the Presidency is not an “office under the United States” as that term is used in Section 3, and that the President’s oath to “preserve, protect, and defend the Constitution” is not an oath to “support” the Constitution as required by Section 3. Id. 299-315. Petitioners timely appeal this portion of the district court’s decision under C.R.S. § 1-1-113(3).

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