In a potentially landmark legal case, former Trump attorney, Timothy Parlatore, has weighed in on the ongoing Colorado appeal to the Supreme Court. Parlatore believes that the most effective defense for the Trump team is to argue that state courts do not possess the power to enforce the charges. He points to the 14th Amendment, which explicitly grants Congress the authority to enforce its provisions. Congress has already exercised this power through the passing of statute 18 U.S.C. 2383, expanding the scope of the insurrectionist ban. Parlatore further highlights that Congress has previously impeached Donald Trump for insurrection, and he was subsequently acquitted. This, Parlatore argues, suggests that the case has already been litigated under the provisions provided by the 14th Amendment, Section 5.
Regarding the impeachment point, Parlatore expresses his belief that while impeachment influences the 14th Amendment litigation, it does not invoke double jeopardy for criminal prosecutions. He does not consider the argument for double jeopardy to be a winning one in the context of the January 6th prosecution. However, he believes that it could be effective regarding 14th Amendment cases.
