Just out of curiosity, which legal experts are saying this?
Andrew Weismann, Laurence Tribe, Neal Katyal, Michael Luttig (conservative retired judge), and others.
I do not have exact quotes. It is my sense from listening to these experts' analyses over the last few days that the nine findings for the plaintiffs (
chart above) will be upheld by the CO Supreme Court.
By listening to these experts, I learned the difference between a finding of fact and a point of law. Appeals courts give great deference to the findings of fact that come out of a lower-court trial where evidence is presented and both sides are argued. Unless there is obvious error, appeals courts generally do not reverse findings of fact.
The "officer" ruling is a point of law on which the judge committed reversible error, these experts say. The higher court is likely to reverse the "officer" ruling because it is not legally sound. If that happens, the effect would be to disqualify Trump from the CO presidential ballot.
The appeals have been filed. Arguments are scheduled for Dec. 6. Having read
the brief, Luttig (a retired US appeals court judge) said, "This is the most powerful, most compelling brief on a question of (profoundly important) constitutional law that I have ever read. There is simply no answer to the constitutional case made by @CREWcrew." Tribe calls it "bulletproof" and says it "comes as close to being irrefutable as a legal argument can get."
Lower-court Judge Wallace agreed with these experts and the plaintiffs in nine out of 10 rulings she made. I'm watching with great interest to see what the CO Supreme Court decides about her "officer" ruling. However the higher court rules, their ruling is likely to be appealed to the US Supreme Court ... which is exactly what the plaintiffs, Luttig, Tribe and others want.
They believe the case for excluding Trump on 14th amendment grounds is strong, and that the US Supreme Court will so rule. That would make this the law of the land and thereby establish that Trump's crimes render him ineligible to be on any presidential ballot in any state.
Expecting Trump's usual ineffective legal arguments, and since the experts I listen to usually turn out to be right, I have not dug deep to find commentary on the brief Trump's filed. If you are interested, you can
read it here.