The Laramie attorney who unsuccessfully sued to remove former President Donald Trump from Wyoming’s election ballots is appealing his court loss to the state Supreme Court.
Tim Newcomb filed a notice of appeal Wednesday in Albany County District Court, informing the court he is appealing its recent dismissal of his petition to the Wyoming Supreme Court.
Newcomb on Nov. 1 had filed the case against Secretary of State Chuck Gray, asking Albany County District Court Judge Misha Westby to bar Gray from putting the names of Trump or U.S. Sen. Cynthia Lummis on the state’s election ballots in the future.
Newcomb cited the U.S. Constitution’s 14th Amendment, Article 3, and accused Trump and Lummis of giving comfort to America’s enemies.
Westby dismissed the case Jan. 4, ruling that the issue is not ripe for litigation because neither Trump nor Lummis are on any Wyoming election ballots at this time. The state’s Republican presidential caucus is in April, and Lummis isn’t up for a primary election until 2026.
Westby said it wouldn’t be proper for her to make judgments on controversies that may happen in the future.
Comfort To The Enemy
Newcomb’s notice of appeal reiterates his claims in part.
“Mr. Trump, having previously sworn to protect the United States Constitution, gave aid or comfort to its enemies three times,” wrote Newcomb, a retired attorney living in Laramie who is representing himself.
Newcomb alleged that one of those times was “when (Trump) met alone and secretly with Mr. (Vladimir) Putin – for two hours – after which Russian spies for America vanished and Mr. Trump began his campaign to question any need for NATO.”
The second time was “when (Trump) denied losing the 2020 presidential election,” allegedly with the help of Jared Kushner, Peter Thiel, Elon Musk and Saudi Arabia.
The third time was Jan. 6, 2021, when Trump “refused to protect Congress from his terrorists,” wrote Newcomb.
A Colorado court has ruled that Trump participated in an insurrection during the Capitol breach of Jan. 6, 2021, but that case is awaiting the scrutiny of the U.S. Supreme Court, which is set to hear argument on it next month.
Wyoming courts have not made such a ruling.
Newcomb’s case, however, doesn’t revolve around the insurrection clause of the 14th Amendment the way Colorado’s and other cases do. His is rooted in the phrase about giving comfort to the nation’s enemies.
Newcomb also reiterates his allegations against Lummis, briefly, in his appeal notice.
Clair McFarland can be reached at clair@cowboystatedaily.com.
