Posted on 08/25/2023 1:35:22 PM PDT by Libloather
A Florida lawyer is challenging former President Trump’s ability to run for president in 2024 under the U.S. Constitution’s 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.”
Caplan’s challenge is one of the first questioning the legality of Trump’s 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 Trump’s candidacy.
“This is a scary, scary guy, and if he’s president, I think we’re all on the way to fascism,” he said. “There’s no law that says we have to remain a democracy forever.”
(Excerpt) Read more at thehill.com ...
“Florida lawyer files challenge to disqualify Trump from 2024 race, citing 14th Amendment”
Duh... that IS what J6 is all about. Anyone who is just now gettin’ it needs to pay more attention.
Sheesh.
5.56mm
Trump has been ACCUSED of insurrection, etc. He has been tried and found guilty of NOTHING.
(Frivolous as in filed with the intent to harass, annoy, or disturb the opposite party.)
“Lawrence Caplan, a tax attorney”
Just another “nobody” looking for a quick doorway to fame and $$$$
Stay in your lane Larry. Constitutional law ain’t your bag.
Truth
“Assuming that the public record to date is accurate,
It used to be one couldn’t convict on “assumptions” When you “assume” you make an ass of u and me.
If he’s not on the ballot, we write him in. Easy Peasy. :)
I mean, I’ve written ‘Snoopy’ and ‘Ralph Nader’ on numerous ballots. It’s not hard. ;)
It’s all merely communist propaganda to impress the sheep and try to swing the low IQ voters.
Exactly, this dope acts like he’s already been found guilty and he hasn’t even come to trial yet. I wouldn’t want to have this idiot as my tax attorney.
Disbar the fool
“Since he hasn’t been convicted of anything, there’s no way he can be said to be banned from running for office under the 14th amendment. Without a conviction on such charges, legally, the 14th amendment can’t be invoked.“
The problem with your argument is that the amendment was written to bar those who had been in Congress before the Civil War and then either fought for the South or held elective office in the Confederacy from being able to be elected again after the war. Many if not most of those people were never charged with insurrection or rebellion. Are you saying this clause of the 14th Amendment would not have applied to them?
Now I am not saying the lawyer is correct, I am just saying your argument that a conviction is required doesn’t hold water.
Florida man comes in many forms. some More moronic than others.
I know they have no chance with this, but if they did succeed, it would be time for civil war.
Just proves that you don’t have to be smart to be a lawyer.
dumb-ss lawyer has already judged before any court case or verdict? He knows better but he’s just full of hate rather than have to consider truth he doesn’t want to hear.
Tax gatherers
How many Trump Supporting lawyers have Filed Disbarment Complaints and Demands to the BAR association over this so far? Shouldn’t they be?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.