Thanks to the 4 - 3 decision made by the Colorado State Supreme Court on 19 December 2023, this question is now destined for the United States Supreme Court. It is very possible that the decision was made specifically to ensure that the issue of Trump's eligibility fell to the Supreme Court.
First, what are the eligibility requirements for the presidency?
Article II, Section 1, Clause 5 of the Constitution, requires the President to be a natural-born citizen, at least thirty-five years of age, and a resident of the United States for at least fourteen years. (source: Constitution Annotated: Analysis and Interpretation of the U. S. Constitution; https://constitution.congress.gov/browse/essay/artII-S1-C5-1/ALDE_00013692/)
However, as a result of the Civil War, a "Disqualification Clause" was originally written to prevent Confederate soldiers from holding state or federal office. The "Disqualification Clause" is more commonly known as Section 3 of the 14th Amendment. It reads:
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. (Source: Cornell University Legal Information Institute; https://www.law.cornell.edu/constitution-conan/amendment-14/section-3/disqualification-clause)
The "Disqualification Clause" is rather long-winded to encompass as many federal or state offices as possible. Donald Trump, his attorneys, and allies have repeated stated that "President" is not specifically mentioned. They are correct that "President" is not specifically stated.
However, careful reading of Article II, Section 1, Clauses 1.2 and 8 of the Constitution indicates that the "Presidency" is an "office" for which an Oath or Affirmation must be taken and would, therefore, meet the 1st requirement of the "Disqualification Clause".
' ... an officer of the United States ... who, having previously taken an oath, ... to support the Constitution of the United States ...'
Article II, Section 1, Clause 8 of the Constitution requires that the person elected President take a specific Oath or Affirmation. Clause 8 reads:
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. Emphasis added by blogger. (Source: Constitution Annotated: Analysis and Interpretation of the U. S. Constitution; https://constitution.congress.gov/browse/essay/artII-S1-C8-1/ALDE_00001126/%5b%27rights%27%5d)
Further, Article II, Section 1, Clause 1.2 describes the President's Term in Office. The Clause reads:
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows .... Emphasis added by blogger. (Source: Cornell University Legal Information Institute; https://www.law.cornell.edu/constitution-conan/article-2/section-1/clause-1/presidents-term-in-office)
Having proven that the Presidency is an Office, we now need to focus on the 2nd part of the "Disqualification Clause".
'...hav[ing] engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof '
Were the events that led up to and/or occurred on 06 January 2021 considered an insurrection or rebellion or was aid or comfort given to those who actually came to Washington, DC on January 6, 2021 and/or participated in the ensuing events.
According to U.S. Attorney's Office for the District of Columbia, as of 05 December 2023, over 1,200 people charged for the events of 06 January 2023, more than 800 were convicted, and about 700 have been sentenced. Despite conservative news outlets' claims of a "False Flag operation", each of those persons charged were followers of Mr. Trump.
Of the more than 800 convictions, 14 were convicted of seditious conspiracy (Source: Washington Post online/Bloomberg "How Seditious Conspiracy Figures into the Jan. 6 Attack on the US Capitol", By Peter Blumberg/Bloomberg, With assistance from David Voreacos and Sabrina Willmer. https://www.washingtonpost.com/business/2023/09/01/how-seditious-conspiracy-figures-into-the-jan-6-riot/05b4414a-48d2-11ee-b76b-0b6e5e92090d_story.html
However, Mr. Trump has not been charged with insurrection, rebellion, seditious conspiracy, or giving aid and comfort to those who stormed the Capitol. Such charges are very difficult to prove. Mr. Trump's allies complain that because he was not charged with these crimes, the "Disqualification Clause" does not apply. Mr. Trumps detractors indicate that while these crimes were not charged, his actions leading up to and during the 06 January 2021 riot meet the criteria of at least giving aid and comfort to those who stormed the Capitol.
We shall see how the Supreme Court regards the wording of 14th Amendment, Section 3 and whether the Court deems the Presidency an office in accordance with Article II, Section 1, Clauses 1.2 and 8 of the Constitution.
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