Sen. Ted Cruz (R-TX) said this week that he believes former President Donald Trump will win at the U.S. Supreme Court and remain on the Colorado ballot because Trump has not been charged with insurrection in either of the two criminal cases against him involving his alleged efforts to overturn the results of the 2020 presidential election.
Cruz made the remarks during the latest episode of his “Verdict” podcast with co-host Ben Ferguson while discussing the Supreme Court’s decision to hear the case after the Colorado Supreme Court ruled that Trump committed an insurrection on January 6 and was thus ineligible to hold office.
Cruz said he believes the court will say in its opinion that it expresses “no opinion on whether or not an insurrection occurred on January 6.”
Cruz noted that Trump has been indicted in multiple criminal cases, and even though there is a perception among some that prosecutors are out to get Trump, he has not been indicted anywhere for insurrection.
“Jack Smith is in DC with a very liberal judge, he’s got a DC jury pool that is 94% Democrat, he’s got the most favorable environment in the world and you know what he hasn’t done? Indicted Trump for insurrection, and the only reason he hasn’t is because there’s no remote evidence that would prove that Trump had engaged in insurrection,” Cruz said. “Donald Trump sent some tweets and stood up and gave a speech in which he told people to go peaceable, go peacefully peaceful. There, you cannot prove as a matter of law that telling people to be peaceful, is engaged in insurrection.”
“Insurrection is a legal term,” he continued. “And there’s a reason no one has charged him with it because you couldn’t pass the laugh test.”