Gary Franks: Could the Colorado ‘insurrection’ decision give Trump momentum?

The Colorado Supreme Court has ruled that former President Donald Trump will not be allowed on the ballot in the state due to his alleged breaking of the insurrection clause of the 14th Amendment.

The clause was meant to prevent Jefferson Davis, among other Confederate leaders, from seeking political office again following the Civil War. Trump has already appealed, and the case will be taken up in the U.S. Supreme Court for a historic ruling.

When the judicial branch of government attempts to surpass its boundaries by pushing for hurried trials by federal prosecutors and canceling a candidate from the ballots, it can and will have the opposite intended effect: It will likely give Trump a political surge.

The best way to make Trump “go away” is to beat him at the polls in the Republican primaries. Correction: The only way you get rid of him is to fairly beat him in those races.

Trump is making the election not about his policies but about the unprecedented treatment he has been receiving. Federal prosecutors, judges and state Supreme Courts should do the opposite of what they have been doing. It is quite clear that the approach of swamping him with lawsuits is not working. These judges should not push the trials before the election. They should not take him off state ballots. They should give him time to manage all his legal affairs, showing the public — and Trump supporters — that they are giving in to his “reasonable requests.”

If Trump loses because of a perceived unfairness in these legal processes, it would just embolden him — like the transformation of an angry superhero (the Hulk, for instance). That would not be good for America.

Our democracy is determined by the people, the voters. Winners and losers should not be determined solely by the men and women in black robes. The backlash could cause irreparable damage to our democratic institutions.

Prior to the Colorado decision, Trump was furious about former South Carolina Gov. and U.S. Ambassador to the U.N. Nikki Haley’s surge in the polls. In near panic mode, Trump resorted to provocative language, like about how illegal immigrants are “poisoning the blood of the country.”

His fear of Haley is warranted. Of all the Republican candidates for president, Haley consistently beats President Joe Biden by the largest margin in head-to-head polls, by anywhere from six to 17 points. Republicans are getting it. Whoever can carry the registered independent voters will become the next president. And that is not Trump. And now in New Hampshire, Haley is creeping up on him.

A recent New Hampshire poll from St. Anselm College, which nearly matches a recent CBS News poll, shows Trump at 44% and Haley at 30%. For the man who got more votes than any other Republican in history in the last general election to be at such a low point is a bad omen. Trump is so upset with Haley’s surge that he has launched attack ads against her.

Outside forces can screw this all up, however. To the media and pollsters, whenever you refer to Biden vs. Trump without mentioning Biden vs. the other Republican candidates, you are doing a disservice to the country. You know very well that perception often becomes reality. You would be giving America a false perception in order to push your narrative.

By the primary in South Carolina and after the Iowa caucus and the New Hampshire primary, the Republican Party should be able to unite behind the strongest candidate not named Trump and move forward. This is not the time to prolong the inevitable. Three of the four candidates must relinquish their quest to become president.