Congressman Troy Nehls (R-TX) announced Tuesday morning that he will be testifying in defense of former President Donald J. Trump in Colorado in a lawsuit attempting to remove him from the 2024 ballot.
The lawsuit is pursuing the novel legal theory that under the 14th Amendment of the United States, Trump is not qualified to run for President based solely upon unadjudicated allegations of his participation in an “insurrection.”
Nehls, who served as a law enforcement officer for 26 years and an elected Sheriff for eight according to his Congressional website will present Trump’s defense team with an opportunity to leverage his expertise in riot control. His prior 21-year tenure in the U.S. Army Reserve could also allow him to differentiate between the Capitol Riot and an actual “insurrection.”
Trump was acquitted in his second impeachment on the charge he incited the Jan. 6th Capitol Riot and no charges have ever been brought against Trump for the crime of “insurrection.”
Nehls wrote in a post to X,
” I’m honored to announce I will be serving as a fact witness for President Trump’s defense in the 14th Amendment removal sham trial in Colorado. I was at the doors on January 6, face to face with protestors, and I know firsthand there was NO INSURRECTION. This sham trial is clear election interference, and it has no basis in fact. I look forward to providing my eyewitness account of that.”
🚨BREAKING: I'm honored to announce I will be serving as a fact witness for President Trump's defense in the 14th Amendment removal sham trial in Colorado.
I was at the doors on January 6, face to face with protestors, and I know firsthand there was NO INSURRECTION.
— Congressman Troy E. Nehls (@RepTroyNehls) October 31, 2023
Nehls presently serves on the House Judiciary Committee’s Subcommittee on Crime and Federal Government Surveillance and could present testimony based upon information gleaned in the Committee regarding the criminal prosecution of Jan. 6th protestors.
None of the protestors charged to date have been indicted for “insurrection,” with most being charged with “two class-B misdemeanor counts for demonstrating in the Capitol and disorderly conduct, and two class-A misdemeanor counts for being in a restricted building and disruptive activity”, according to BuzzFeed. The most prominent cases, such as the prosecution of Proud Boys Leader Enrique Tarrio, have been around charges of “Seditious Conspiracy.”
In August, Trump pleaded not guilty to charges of Conspiracy to Defraud the United States, Conspiracy to Obstruct an Official Proceeding, Obstruction of and Attempt to Obstruct an Official Proceeding, and Conspiracy Against Rights, brought by Special Counsel Jack Smith in the Washington DC Court of Judge Tanya Chutkan.
The indictment alleges that Trump did “knowingly combine, conspire, confederate and agree with co-conspirators known and unknown to the grand jury to injure, oppress, threaten, and intimidate one or more persons in the free exercise and enjoyment of a right and privilege secured to them by the Constitution and laws of the United States. That is the right to vote and to have one’s vote counted in violation of Title 18 United States Code Section 24.”
However, the charges of insurrection necessary to invoke the 14th Amendment were notably absent from the 45-page indictment.