Could Trump be banned from Virginia ballots? 10 News consults a legal expert

ROANOKE, Va. – The countdown is on for this year’s presidential election.

But before the Iowa Caucus can kick off the election season, questions are being raised in states like Maine and Colorado as to if former President Donald Trump should be eligible to be on this year’s ballot.

10 News asked former U.S. Attorney for the Western District of Virginia, John Fishwick if he thinks this could happen in Virginia.

“It’s possible, but it’s highly unlikely. There are a number of lawsuits filed around the country that have been filed under the 14th Amendment saying that the former president committed insurrection under the 14th Amendment and since he swore an oath to our Constitution, he’s ineligible to be on the ballot,” said Fishwick.

In fact, an attempt to remove Trump’s name from Virginia ballots was already denied by a federal judge just last week.

“My opinion, he will be on the ballot. And he is not going to be held to be ineligible under the 14th Amendment. After all, he has not been found guilty of insurrection by a jury and Congress hasn’t said he was guilty of insurrection,” said Fishwick.

Ultimately, it will be the United States Supreme Court’s decision as to whether Trump’s name will be on the ballot.

Fishwick expects the Supreme Court to have an opinion on this in the coming weeks.

About the Author

Sydney joined the WSLS 10 News team in June 2021.

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