A hearing officer for the Illinois State Board of Elections in a recommendation released Sunday determined that Donald Trump spearheaded "an elaborate plan" to interfere with the transfer of power following his 2020 electoral defeat. Retired Republican Judge Clark Erickson cited "absolutely damning" evidence in the report, authored in response to a push for the former president to be removed from the state's primary ballot for engaging in insurrection. But Erickson concluded that the elections board does not have the power to give Trump the boot, instead saying the issue should be deferred to the courts.
Erickson scrutinized Trump's role in the Jan. 6, 2021, attack on the Capitol after a group of five voters, two Chicago law firms and voting rights organization Free Speech for People challenged Trump's eligibility. They cited the 14th Amendment prohibitions on "insurrectionist office holders" in arguing for the former president's removal from the ballot, according to The Messenger. The "preponderance of evidence" shows that Trump engaged in insurrection, Erickson said in the report.
The former president "does not dispute that he knew violence was occurring at the Capitol. He understood that people were there to support him," the ex-judge wrote. Trump's tweet criticizing then-Vice President Mike Pence's "lack of courage" in refusing to axe electoral votes for Joe Biden is "absolutely damning" to the denial of Trump's role in the insurrection, Erickson added. Trump "knew the attacks were occurring because the attackers believed [his claims] the election was stolen, and this tweet could not possibly have had any other intended purpose besides to fan the flames," Erickson said. The Illinois Board of Elections will vote Tuesday on the recommendation. The U.S. Supreme Court will consider Trump's eligibility on Feb. 8 when it reviews the Colorado Supreme Court's decision to remove Trump from the state's primary ballot.
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