Current Events > Florida lawyer files challenge to disqualify Trump from 2024 race, citing 14th

(+) Yeah! (+)

https://tinyurl.com/265y7rkr
from The Hill

A Florida lawyer is challenging former President Trumps ability to run for president in 2024 under the U.S. Constitutions 14th Amendment, citing the Jan. 6, 2021, Capitol attack.

Lawrence Caplan, a tax attorney in Palm Beach County, filed the challenge in federal court Thursday, pointing to a clause in the amendment that says those who have engaged in insurrection or rebellion against the government cannot hold office.

The challenge was first reported by The Palm Beach Post.

The bottom line here is that President Trump both engaged in an insurrection and also gave aid and comfort to other individuals who were engaging in such actions, within the clear meaning of those terms as defined in Section Three of the 14th Amendment, Caplan wrote in the filing. Assuming that the public record to date is accurate, and we have no evidence to the contrary, Trump is no longer eligible to seek the office of the President of the United States, or of any other state of the Union.

Caplans challenge is one of the first questioning the legality of Trumps 2024 bid, though Trump is also facing criminal charges at both the state and federal level over his actions to undo the results of the 2020 vote.

The former president is currently the far-and-away front-runner in the GOP presidential primary.

In an interview with The Hill, Caplan said that someone had to take the lead on challenging Trumps candidacy.

This is a scary, scary guy, and if hes president, I think were all on the way to fascism, he said. Theres no law that says we have to remain a democracy forever.

In the filing, Caplan wrote that the facts of his case are undeniably simple. In 2016, Trump won the presidential election, and in 2020, he lost it. The following Jan. 6, Trump encouraged a throng of supporters to march to the Capitol, saying hed be right there with them, Caplan wrote.

As we are well aware, the throng marched on the Capitol, forced their way into the Capitol building, ransacked the rotunda area, and even made their way into several offices of representatives and senators, he wrote.

The 14th Amendments disqualification clause was written in the context of the Civil War, meant to bar those who had joined the Confederacy from serving in state or federal office. But it would theoretically still apply to those who engage in future rebellions or insurrections against the U.S., according to Cornell Universitys Legal Information Institute.

Caplan told The Hill that he did not originally believe Trumps role in the Capitol attack could disqualify him from becoming president again. That changed when he read an analysis by former 4th Circuit Appeals Court Judge J. Michael Luttig and Harvard legal scholar Laurence Tribe.

In an article published last week in The Atlantic, Luttig, a conservative, and Tribe, who is liberal, contended that Trumps efforts to remain in power after losing in 2020 place him squarely within the ambit of the disqualification clause.

Trumps grand jury indictments in the Washington, D.C., federal case and the Georgia case probing those efforts make his disqualification automatic, Caplan said.

Trump surrendered to authorities on the Georgia charges Thursday evening, becoming the first former U.S. president to have a mug shot taken.

The common sense of it is that the law says that someone whos indicted for causing an insurrection is automatically ineligible to run for federal office, Caplan told The Hill.

about time.. but seriously from Florida of all places?!!!!

I mean.....he's right

>Florida
https://www.youtube.com/watch?v=nQka4wv6BLw

I wonder what DeSantis will do in order to remove and have this lawyer jailed.

Wait...this might be his big chance!

Just kidding, it's not because there'd still be the rest of the Christo-fascist loving states voting for Trump, however as educated as he is he present himself as really fucking stupid, so maybe he actually would believe it.

Bet Ron DeSantis is paying that lawyer to take down Trump so he can become president.

In Florida?

In Florida...?

I did not expect that.

conservatives call Jan 6th a "peaceful protest" and won't recognize that it was an insurrection.

https://thehill.com/regulation/court-battles/4171623-

No need for a tiny url

Giant_Aspirin posted...

conservatives call Jan 6th a "peaceful protest" and won't recognize that it was an insurrection.

Oddly enough, the Federalist Society, the organization that gives us all our shitty right-wing judges, has said Trump should be disqualified from being POTUS per the Cons. over Jan 6th.

FLORIDA MAN face turn shocks wrestling world!

Er, political world. (Is there any difference?)

Bout time.

florida is not a particularly shocking place for this to come out of when almost all of the people in the country who care at all about trump's rival in the primaries are from there

He should be disqualified.. and so should alot of the GQP who supported and egged on 01/06.. But sadly they wont because no matter what happens, it will probably be forced in front of the supreme Court and they will rule against it

I guess Florida man went to law school?

Incredibly rare W from Florida of all places.

a tiny bit of my faith in Florida has been restored

FortuneCookie posted...

FLORIDA MAN face turn shocks wrestling world!

Er, political world. (Is there any difference?)

All I know is I certainly would have been more interested in the debate if it was a Royal Rumble match instead.

Giant_Aspirin posted...

conservatives call Jan 6th a "peaceful protest" and won't recognize that it was an insurrection.

https://gamefaqs.gamespot.com/a/user_image/0/4/8/AAdZpjAAEyKg.jpg

Conflict posted...

I know our state rightfully gets shit on for our shithead governor but you know it used to be a swing state and most of the cities are blue, right. The Palm Beach and Broward areas are blue as fuck.

Florida is gerrymandered so hard that it hasn't been close to purple since the 90s. It's a solid red bastion for republicans right now.

Sahel posted...

https://gamefaqs.gamespot.com/a/user_image/0/4/8/AAdZpjAAEyKg.jpg

"it's just a coincidence that someone with head trauma died the next day from a blood clot in the head! nothing to do with what happened on 1/6 at all!" - some now banned trumpers on 261

Raiden2909 posted...

it will probably be forced in front of the supreme Court and they will rule against it

This...

invertedlegdrop posted...

This...

Im actually wondering about this actually, I would think that the SCOUS may not rule/give a deferment depending on how it was handled

So this is finally gonna get tested in court. No idea how it's gonna go, but it'll be interesting.

Didn't California also do this?

Rare W for Florida. But I can't believe we still entertain a traitor to becoming the President of the United States. Off top he should be jailed let alone be able to run for President.

Like, imagine if Osama bin Ladan ran for President.

Slaya4 posted...

Rare W for Florida. But I can't believe we still entertain a traitor to becoming the President of the United States. Off top he should be jailed let alone be able to run for President.

Like, imagine if Osama bin Ladan ran for President.

There's a regular caller to the progressive pundits I listen to who refers to him as "Donald Bin Laden"

Alakazamtrainer posted...

Im actually wondering about this actually, I would think that the SCOUS may not rule/give a deferment depending on how it was handled

They most likely would not rule Trump out of contention, not just for partisan politics, but the precedent of disqualifying candidates would be opening a can of words where any state could try to get a major candidate kicked off an election in the future...

RchHomieQuanChi posted...

I mean.....he's right

He would have to be convicted of it first to apply. He hasn't yet

invertedlegdrop posted...

They most likely would not rule Trump out of contention, not just for partisan politics, but the precedent of disqualifying candidates would be opening a can of words where any state could try to get a major candidate kicked off an election in the future...

depends, on how they view jan 6, there are alot of people calling it an insurrection, but at the same time this is a heavy GOP SC so yeah. I think alot depends on how the guy presents the case and whether or not it actually a good solid case vs air

even desantis says trump lost.

Hope he wins.

[LFAQs-redacted-quote]


Every once in a while a glitch occurs in Florida where it might look purple but then it goes right back to solid red. Look at the outcome of every statewide office that was around the time of Obama's victory. They all went red. Republicans have been in control of the state since 1996 and have acted to seize more power since then. Since Obama's victories were from a result of unexpectedly high voter turnout, Republicans have been acting to depress the Democratic vote.

Just last year, DeSantis' office drew up a very partisan map. Florida's constitution is supposed to prevent that from happening by saying that districts are to be drawn up by joint resolution and then submitted to the state supreme court. The governor isn't supposed to have any authority in the matter of the drawing of districts but both the legislature and supreme court abdicated their responsibility to give him the map that he wanted. While it may not have a direct effect on statewide elections, it will psychologically effect voter turnout when people don't think that their votes matter anymore.

LaLeyenda posted...

Bet Ron DeSantis is paying that lawyer to take down Trump so he can become president.

The funny part is Ron DeSantis thinking he can be president when his own party hates him, and he is just so bad at media and such an empty suit that has taken too many extreme positions to ever appeal to centrists or leftists.

You guys had the 25th amendment in your back pocket for ANY time while Trump was in office.

Meanwhile in the Congress/Senate: We're astronomers, now. Nothing to see here, all clear skies ahead!

And now that you have the 14th amendment you can use, the politicians are just going to turn into geologists and bury their heads in the sand.

Americans don't deserve what follows, because nothing good will come of this. It's going to be drawn out and painful.

I wonder how standing works in a case like this (and am way too lazy to look it up). I could see any citizen having standing but cant imagine its actually that broad. It should be.

Kradek posted...

Oddly enough, the Federalist Society, the organization that gives us all our shitty right-wing judges, has said Trump should be disqualified from being POTUS per the Cons. over Jan 6th.

Have they really?

whitelytning posted...

Have they really?

So maybe not the "whole society", however two legal scholars from the society did speak on it.

https://www.meidastouch.com/news/federalist-society-turns-on-trump-hard-right-legal-scholars-say-trump-is-disqualified-from-office