The filing also argues that the events of January 6, 2021 did not constitute an insurrection, even though Trump supporters attacked the US Capitol in an attempt to disrupt Congress' official certification of the 2020 presidential election in an hours-long riot that left several dead and hundreds more injured.

"Wow in a legal proceeding trump is now arguing he didn’t violate the 14th Amendment by inciting the Jan 6 insurrection because he 'never took an oath to support the Constitution of the United States,'" Rep. Bill Pascrell (D-New Jersey) tweeted. "This treacherous criminal is head of the republican party."

Trump did in fact take such an oath. The presidential oath of office — which all presidents take on Inauguration Day — explicitly mentions the Constitution.

"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States," the oath reads.

The matter before the Colorado Supreme Court concerns an attempt to remove the former president from the 2024 ballot on the grounds that he is ineligible under the insurrection clause due to Trump's involvement in the January 6 riot. While a judge ruled in Trump's favor, that decision has been appealed by watchdog group Citizens for Responsibility and Ethics in Washington.