World

Colorado Supreme Court Declares Trump Ineligible to Contest 2024 Election

Published

4 months ago

December 20, 2023

Eric

A divided Colorado Supreme Court on Tuesday declared former President Donald Trump ineligible for the White House under the U.S. Constitution’s insurrection clause and removed him from the state’s presidential primary ballot, setting up a likely showdown in the nation’s highest court to decide whether the front-runner for the GOP nomination can remain in the race.

The decision from a court whose justices were all appointed by Democratic governors marks the first time in history that Section 3 of the 14th Amendment has been used to disqualify a presidential candidate.

“A majority of the court holds that Trump is disqualified from holding the office of president under Section 3 of the 14th Amendment,” the court wrote in its 4-3 decision.

Colorado’s highest court overturned a ruling from a district court judge who found that Trump incited an insurrection for his role in the Jan. 6, 2021, attack on the Capitol, but said he could not be barred from the ballot because it was unclear that the provision was intended to cover the presidency.

The court stayed its decision until Jan. 4, or until the U.S. Supreme Court rules on the case. Colorado officials say the issue must be settled by Jan. 5, the deadline for the state to print its presidential primary ballots.

“We do not reach these conclusions lightly,” wrote the court’s majority. “We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.”

Trump’s attorneys had promised to appeal any disqualification immediately to the nation’s highest court, which has the final say about constitutional matters.

Trump’s legal spokeswoman Alina Habba said in a statement Tuesday night: “This ruling, issued by the Colorado Supreme Court, attacks the very heart of this nation’s democracy. It will not stand, and we trust that the Supreme Court will reverse this unconstitutional order.”

Trump didn’t mention the decision during a rally Tuesday evening in Waterloo, Iowa, but his campaign sent out a fundraising email citing what it called a “tyrannical ruling.”

Republican National Committee chairwoman Ronna McDaniel labeled the decision “Election interference” and said the RNC’s legal team intends to help Trump fight the ruling.

Trump lost Colorado by 13 percentage points in 2020 and doesn’t need the state to win next year’s presidential election. But the danger for the former president is that more courts and election officials will follow Colorado’s lead and exclude Trump from must-win states.

Dozens of lawsuits have been filed nationally to disqualify Trump under Section 3, which was designed to keep former Confederates from returning to government after the Civil War. It bars from office anyone who swore an oath to “support” the Constitution and then “engaged in insurrection or rebellion” against it, and has been used only a handful of times since the decade after the Civil War.

“I think it may embolden other state courts or secretaries to act now that the bandage has been ripped off,” Derek Muller, a Notre Dame law professor who has closely followed the Section 3 cases, said after Tuesday’s ruling. “This is a major threat to Trump’s candidacy.”

The Colorado case is the first where the plaintiffs succeeded. After a weeklong hearing in November, District Judge Sarah B. Wallace found that Trump indeed had “engaged in insurrection” by inciting the Jan. 6 attack on the Capitol, and her ruling that kept him on the ballot was a fairly technical one.

Trump’s attorneys convinced Wallace that, because the language in Section 3 refers to “officers of the United States” who take an oath to “support” the Constitution, it must not apply to the president, who is not included as an “officer of the United States” elsewhere in the document and whose oath is to “preserve, protect and defend” the Constitution.

The provision also says offices covered include senator, representative, electors of the president and vice president, and all others “under the United States,” but doesn’t name the presidency.

The state’s highest court didn’t agree, siding with attorneys for six Colorado Republican and unaffiliated voters who argued that it was nonsensical to imagine that the framers of the amendment, fearful of former confederates returning to power, would bar them from low-level offices but not the highest one in the land.

“President Trump asks us to hold that Section 3 disqualifies every oathbreaking insurrectionist except the most powerful one and that it bars oath-breakers from virtually every office, both state and federal, except the highest one in the land,” the court’s majority opinion said. “Both results are inconsistent with the plain language and history of Section 3.”

The left-leaning group that brought the Colorado case, Citizens for Responsibility and Ethics in Washington, hailed the ruling.

“Our Constitution clearly states that those who violate their oath by attacking our democracy are barred from serving in government,” its president, Noah Bookbinder, said in a statement.

Trump’s attorneys also had urged the Colorado high court to reverse Wallace’s ruling that Trump incited the Jan. 6 attack. His lawyers argued the then-president had simply been using his free speech rights and hadn’t called for violence. Trump attorney Scott Gessler also argued the attack was more of a “riot” than an insurrection.

That met skepticism from several of the justices.

“Why isn’t it enough that a violent mob breached the Capitol when Congress was performing a core constitutional function?” Justice William W. Hood III said during the Dec. 6 arguments. “In some ways, that seems like a poster child for insurrection.”

In the ruling issued Tuesday, the court’s majority dismissed the arguments that Trump wasn’t responsible for his supporters’ violent attack, which was intended to halt Congress’ certification of the presidential vote: “President Trump then gave a speech in which he literally exhorted his supporters to fight at the Capitol,” they wrote.

Colorado Supreme Court Justices Richard L. Gabriel, Melissa Hart, Monica Márquez and Hood ruled for the petitioners. Chief Justice Brian D. Boatright dissented, arguing the constitutional questions were too complex to be solved in a state hearing. Justices Maria E. Berkenkotter and Carlos Samour also dissented.

“Our government cannot deprive someone of the right to hold public office without due process of law,” Samour wrote in his dissent. “Even if we are convinced that a candidate committed horrible acts in the past — dare I say, engaged in insurrection — there must be procedural due process before we can declare that individual disqualified from holding public office.”

The Colorado ruling stands in contrast with the Minnesota Supreme Court, which last month decided that the state party can put anyone it wants on its primary ballot. It dismissed a Section 3 lawsuit but said the plaintiffs could try again during the general election.

Source: apnews.com

Africa

Info Analytics Poll: Mahama Gaps Bawumia by 20% Votes

Published

3 weeks ago

April 8, 2024

Eric

With nine months before the next General election in Ghana, the presidential candidate of the National Democratic Congress (NDC), Dr. John Dramani Mahama, is commanding a 20 per cent lead over his closest rival, Dr. Mahamudu Bawunia of the ruling New Patriotic Party (NPP).

This was revealed in a new poll conducted by research agency, Global Info Analytics.

The poll show that over 50 per cent of Ghanaians has expressed interest to vote Mahama as against nearly 35 per cent for the incumbent vice president.

Other candidates in the election shared the remaining percentage of a little over 15 per cent.

The Ghana election is expected to hold on December 7.

Africa

Bassirou Faye Sworn-in As Senegal’s Youngest President

Published

4 weeks ago

April 2, 2024

Eric

Bassirou Diomaye Faye, a left-wing pan-Africanist, has been sworn-in as Senegal’s youngest president after sweeping to a first-round victory on a pledge of radical reform 10 days after he was released from prison.

The 44-year-old has never before held an elected office but several African leaders attended the ceremony in the new town of Diamniadio, near the capital Dakar.

“Before God and the Senegalese nation, I swear to faithfully fulfill the office of President of the Republic of Senegal,” Faye said before the gathered officials.

He also vowed to “scrupulously observe the provisions of the Constitution and the laws” and to defend “the integrity of the territory and national independence, and to spare no effort to achieve African unity”.

The formal handover of power with outgoing President Macky Sall will take place at the presidential palace in Dakar.

Faye was among a group of political opponents freed from prison 10 days before the March 24 presidential ballot under an amnesty announced by Sall, who had tried to delay the vote.

Faye’s campaign was launched while he was still in detention.

The former tax inspector becomes the West African state’s fifth president since independence from France in 1960 and the first to openly admit to a polygamous marriage.

Working with his populist mentor Ousmane Sonko, who was barred from the election, Faye declared their priorities in his victory speech: national reconciliation, easing a cost-of-living crisis and fighting corruption.

The anti-establishment leader has vowed to restore national sovereignty over key assets such as the oil, gas and fishing sectors.

Faye wants to leave the regional CFA franc, which he sees as a French colonial legacy, and to invest more in agriculture with the aim of reaching food self-sufficiency.

But he has also sought to reassure investors that Senegal “will remain a friendly country and a sure and reliable ally for any partner that engages with us in virtuous, respectful and mutually productive cooperation.”

After three tense years and deadly unrest in the traditionally stable nation, his democratic victory was hailed from Washington to Paris, via the African Union and the European Union.

US Secretary of State Antony Blinken on Monday spoke with the president-elect by telephone and “underscored the United States’ strong interest in deepening the partnership” between their two countries, the State Department said.

On the international stage, Faye seeks to bring military-run Burkina Faso, Mali and Niger back into the fold of the regional Economic Community of West African States (ECOWAS) bloc.

New generation of politicians

Commonly known as Diomaye, or “the honourable one” in the local Serer language, he won the election with 54.3 percent of the vote.

It was a remarkable turnaround after the government had dissolved the Pastef party he founded with Sonko in 2014, with Sall postponing the election.

Faye, a practising Muslim from a humble background with two wives and four children, represents a new generation of youthful politicians.

He has voiced admiration for US ex-president Barack Obama and South African anti-apartheid hero Nelson Mandela.

However, Faye and the government he must unveil will quickly face major challenges.

He does not have a majority in the National Assembly and will have to look to build alliances to pass new laws, or call a legislative election, which will become an option from mid-November.

The biggest challenge will be creating enough jobs in a nation where 75 percent of the 18-million population is aged under 35 and the unemployment rate is officially 20 percent.

Many youths have considered the future so bleak they have risked their lives to join the waves of migrants trying to reach Europe.

Sall, meanwhile, has been appointed special envoy of the Paris Pact for People and Planet, created to combat poverty, protect the planet and support vulnerable countries.

Africa

AfreximBank Inaugurates Kigali’s Office of Fund for Export Development in Africa

Published

1 month ago

March 27, 2024

Eric

By Dolapo Aina

On Wednesday, the 20th of March 2024, The African Export Import Bank (Afreximbank)’s Fund for Export Development in Africa inaugurated its’ Kigali office with a keen eye on addressing Africa’s $110 billion equity financing shortfall. The bank unveiled its Fund for Export Development in Africa (FEDA) office in Kigali, capital of Rwanda.

While the Fund for Export Development in Africa (FEDA) became the Fund Manager of the US$1 billion AfCFTA Adjustment Fund in 2023, it is noteworthy to state that the Fund for Export Development in Africa is the impact investment subsidiary of Afreximbank set up to provide equity, quasi-equity, and debt capital to finance the multi-billion-dollar funding gap especially in equity which are needed to transform the trade sector on the African Continent.

According to an official statement by Afreximbank, FEDA pursues a multi-sector investment strategy along the intra-African trade, value-added export development, and manufacturing value chain which includes financial services, technology, consumer and retail goods, manufacturing, transport and logistics, agribusiness, as well as ancillary trade enabling infrastructure such as industrial parks.

The statement by Afreximbank further stated that FEDA was established to tackle Africa’s US$110 billion financing gap for intra-African trade, value-added export development, and industrialisation value chains, with Rwanda being the first among fifteen African nations to ratify its establishment agreement.

The event had in attendance Dr. Edouard Ngirente, the Prime Minister of the Republic of Rwanda’ President and Chairman of the Board of Directors of Afreximbank, Professor Benedict Oramah; Executive Vice Presidents of Afreximbank, members of the Board of Directors of FEDA including Ms. Marlene Ngoyi, who is the Chief Executive Officer of FEDA; officials from the Rwandan Government; representatives from the business and diplomatic communities in Rwanda; just to name a few.
Rwanda’s Prime Minister Dr. Ngirente stated: “The establishment of FEDA in Rwanda reflects Rwanda’s commitment to not only fostering economic development within our borders but also to playing a pivotal role in the economic transformation of our continent. This initiative is a step closer to the realisation of the goals outlined in the Agenda 2063 of the African Union which lays great emphasis on the transformation of African economies and acceleration of economic growth on the continent.” The Prime Minister of Rwanda highlighted the fact that despite Africa’s significant resource endowments and contiguous markets, the continent had the lowest level of intra-regional trade in the world, adding that the continent’s share of value created remained the lowest across many products and commodities due to sub-optimal value addition.

President of Afreximbank, Professor Benedict Oramah in his speech stated that: “FEDA adds to the pool of institutions helping Africa to create its own capital base for development. With a focus on providing long-term, patient capital targeting all segments, from SMEs to corporates, and cutting across dynamic sectors of value-addition, services, and technology, FEDA is positioned to drive Africa’s development under a new vision of de-commoditised, growth-oriented pathways underpinned by a dynamic private sector. We all share the view that the goals of the African Continental Free Trade Agreement (AfCFTA) will be a mirage, and its benefits will accrue to others unless tangible steps are taken to create tradable goods and services for the continental market. We also do recognise that the benefits of the Free Trade Agreement will not be evenly shared among all Participating States if pragmatic steps are not taken to equip all economies, especially small and fragile economies, with the capacity to produce goods or provide essential services necessary for the conduct of trade within the continent.”

Professor Benedict Oramah went further: “Less than four years since the commencement of operations, the evidence of the strategic importance of this institution is beginning to show as it has started to leave impactful footprints across the continent. Funds Under Management under different strategies amount to about 800 million US dollars. FEDA is using some of these funds to create and mobilise additional funds and is currently a co-promoter of a 500 million US dollar Africa Credit Opportunity Fund (ACOF). With seed funding provided by Afreximbank, it is also creating a 100 million US dollar Venture Capital Fund to focus on start-ups and SMEs. In 2023, FEDA became the Fund Manager of the 1 billion US dollar AfCFTA Adjustment Fund. Thanks to the equity and supporting debt instruments offered by Afreximbank, industrial complexes are emerging across Africa. The Fund has supported the emergence of Special Economic Zones in Gabon, Benin, and Togo. These Industrial Zones have changed the profiles of the countries from commodity-exporting countries to exporters of value-added or manufactured goods, attracting multiple times the values gained from commodity exports, helping to achieve economic diversification, creating dynamic local economies with strong domestic supply chains and, above all, jobs and stable incomes for the people. Similar investments are spreading and are expected to reach at least twenty countries, including Rwanda, Malawi, Cote d’Ivoire, Nigeria, Kenya, Congo Democratic Republic, the Republic of Chad, and Zambia, by year-end.”

On Rwanda, Professor Benedict Oramah posited in his speech that “Rwanda is also poised to benefit significantly. On the heels of the various supports provided by Afreximbank to Rwandan public and private sector entities, FEDA has progressed a significant deal pipeline in Rwanda. A number of investments are being processed across many sectors and industries, ranging from transport and trade logistics, manufacturing, agro-processing, and power generation. These equity investments, amounting to about 50 million US dollars, when concluded, will complement the over 300 million US dollars disbursed to Rwandan entities by Afreximbank in the past 5 years, boost local industrial actives, create domestic value chains, and elevate Rwanda’s preparedness to harness the benefits of the AfCFTA.”