AP FACT CHECK: False Report Targets Colorado Justice Who Voted To Disqualify Trump From 2024 Primary Ballot

Colorado Supreme Court Justice Monica M. Marquez, front, makes a point as Chief Justice Brian D. Boatright listens during a hearing on Wednesday, Dec. 6, 2023 in Denver. (AP Photo/David Zalubowski, File)

BY MELISSA GOLDIN
Published 11:17 AM PST, December 22, 2023

CLAIM: The U.S. Marines arrested Colorado Supreme Court Justice Monica MĆ”rquez for voting to remove former President Donald Trump from the stateā€™s presidential primary ballot.

APā€™S ASSESSMENT: False. The claim originated on a website that says it publishes ā€œhumor, parody, and satireā€ and has previously posted similar false stories. A spokesperson for the Colorado Judicial Department confirmed that the allegation has ā€œno legitimacy.ā€

THE FACTS: Following the courtā€™s decision on Tuesday that Trump is ineligible for the White House under the U.S. Constitutionā€™s insurrection clause, some on social media are sharing an article falsely claiming that the Marine Corps arrested one of the justices who was among the majority.

ā€œYou mean you have to be UNbiased to be a scj?!ā€ reads one Instagram post that included a screenshot of the story and had received more than 2,000 likes as of Friday. ā€œWho would have thought!ā€

But there is no truth to this claim.

The article is from Real Raw News, a site that frequently publishes fabricated stories and includes a disclaimer stating that it ā€œcontains humor, parody, and satire.ā€ Many of its posts involve made-up stories about the Marine Corps, citing only anonymous military sources. The site did not return a request for comment.

No credible evidence was provided in the article to support its claims. It cited only an anonymous source ā€œin General Eric M. Smithā€™s office,ā€ the same reference used in numerous prior erroneous posts.

Additionally, the article includes a fanciful narrative in which Marines are sent to arrest the four justices who voted in favor of the decision, finding only MĆ”rquez, who allegedly ā€œshrieked at the top of her lungsā€ when the Marines stormed her home and asked whether Trump had sent them.

Colorado Judicial Department spokesperson Rob McCallum told The Associated Press that ā€œthere is no legitimacyā€ to the claims made in the post.

ā€œJustice MĆ”rquez has not been arrested by the Marines, and is not in custody,ā€ he wrote in an email.

The Marine Corps did not respond to a request for comment.

Coloradoā€™s highest court voted 4-3 this week that Trump is ineligible for the presidency under Section 3 of the 14th Amendment and removed him from the stateā€™s presidential primary ballot. It is the first time in history that the clause has been used to disqualify a presidential candidate.

The court stayed its decision until Jan. 4, or until the U.S. Supreme Court rules on the case.
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This is part of APā€™s effort to address widely shared misinformation, including work with outside companies and organizations to add factual context to misleading content that is circulating online. Learn more about fact-checking at AP.

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