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HERE WE GO: Florida Attorney Files Legal Challenge Claiming Trump Cannot Be on 2024 Ballot Due to Alleged Involvement in Jan 6 “Insurrection”
GATEWAYPUNDIT ^ | 8/28/2023 | jim hoft

Posted on 08/27/2023 8:48:38 AM PDT by bitt

A challenge has been filed in a federal court seeking a declaratory relief on the eligibility of President Donald Trump to run in the 2024 Presidential Election.

The petitioner cites Section 3 of the 14th Amendment of the U.S. Constitution, which disqualifies individuals involved in “insurrections” against the government from running for federal office.

The lawsuit, filed on Tuesday by Lawrence A. Caplan, alleges that Trump is constitutionally prohibited from running for president again due to his alleged involvement in the January 6 “insurrection” at the U.S. Capitol.

Caplan claimed he has participated in the last twelve presidential elections and is a legal resident of Florida. He is also a member of various state bars and federal courts, including the U.S. Supreme Court, asserting that this gives him standing in the matter.

Below is a transcript from the complaint:

"The facts of this case are undeniably simple. Donald J. Trump served a the 45th President of the United States having won the election in 2016 and was inaugurated on January 20, 2017. He served for four years until he lost the 2020 Presidential Election to Joseph R. Biden, Jr. who took office on January 20, 2021. President Trump chose not to appear at the inauguration of his successor. Having left for his estate in South Florida while the ceremony was taking place…

On January 6, 2021, after giving a speech to a throng on the Ellipse near the Capitol, President Trump exhorted the throng to march to the Capitol and told them that he would be right there with them. After he was finished with his speech, Trump returned to the White House and watched he later events unfold on television. 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…

Of note, President Trump had sent out a tweet the day before claiming that “January 6th will be wild”. Trump also later remarked that the insurrectionists who had breached the Capitol were “special” and that “we love you”. He also later remarked that had Vice-President Pence simply done his job and refused to certify the results of the election that everything would have been fine. Not for several hours were the National Guard called in to quell the insurrection as allegedly President Trump refused to do so and had been mesmerized by the events that were taking place on his television at the White House…"

,...more


TOPICS: Constitution/Conservatism; Front Page News; Government; Politics/Elections; US: Florida
KEYWORDS: 2024ballot; desantis; desantisland; florida; floridaattorney; lawrenceacaplan; trump; trumppersecution
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To: Jim Noble
I believe this strategy will be effective and that Trump will not be on the ballot in November 2024.

It won't be effective. Trump has been found guilty of nothing, let alone "insurrection".
21 posted on 08/27/2023 9:01:38 AM PDT by AnotherUnixGeek
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To: bitt

Trump has NOT been found guilty of treason.


22 posted on 08/27/2023 9:02:32 AM PDT by Tzimisce ( )
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To: bitt

I love the AG’s pulling this $hit. Trained and Licensed lawyer who apparently does not know the law. What court convicted Trump? None, so now we can prevent others based on feelings, disagreements, socks don’t match...🧐🧐🧐


23 posted on 08/27/2023 9:03:30 AM PDT by Lockbox (politicians, they all seemed like game show hosts to me.... Sting)
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To: econjack

Exactly. These morns just making things up as they go along. TDS lives.


24 posted on 08/27/2023 9:04:40 AM PDT by Jonny7797
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To: bitt

Shouldn’t the DA or AG of Florida be filing Criminal Charges against this Lawyer for Conspiracy to Deprive a Citizen of his Rights protected by the US Constitution???


25 posted on 08/27/2023 9:05:50 AM PDT by eyeamok
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To: Alberta's Child

Considering where the country is, all the hysteria over the years has clearly been warranted.


26 posted on 08/27/2023 9:06:25 AM PDT by wiseprince (Me)
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To: bitt

We the People will write him in.


27 posted on 08/27/2023 9:07:14 AM PDT by null and void (It's 10 o'clock, does the president know where he is?)
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To: econjack
Here is the key portion of the 14th: ” 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,…. Have engaged in insurrection or rebellion against the same.

No conviction is required. Any Judge, who is in agreement with a State tgat says Trump “engaged”?in an insurrection could exclude him from the ballot. Trumpcwill have to appeal the decision if he is to be reinstated on the ballot.

As the blue states realize this, more will do the same.

28 posted on 08/27/2023 9:10:10 AM PDT by Michael.SF. ( Biden-Fetterman in ‘24: It's a no brainer)
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To: bitt
GOPe: "Trump is toxic, he can't win. He'll drag down the down-state races."

Also GOPe: "Please MAGA, come on out and vote for our hand-picked candidate!"

29 posted on 08/27/2023 9:11:05 AM PDT by Extremely Extreme Extremist
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To: bitt

This guy’s a crackpot.


30 posted on 08/27/2023 9:11:19 AM PDT by sauropod (I will stand for truth even if I stand alone.)
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To: Jim Noble
I believe this strategy will be effective and that Trump will not be on the ballot in November 2024.

Not through these types of filings. There's no standing.

The real threat is with individual state secretaries keeping his name off the ballot, particularly in the swing states that Trump needs to flip.

Trump would have to mount write-in campaigns in these states. And if he wins them, then there'd be a campaign to push faithless electors to deny him at their level in December.

Any victory Trump could conceivably achieve on election day will be tied up in court battles for weeks, if not months.

The left will use every tool they have to deny him the White House.

31 posted on 08/27/2023 9:12:05 AM PDT by Drew68 (Ron DeSantis for President. A conservative who fights and wins.)
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To: bitt
This will safely put DJT at 100+ charges.

32 posted on 08/27/2023 9:13:25 AM PDT by PIF (They came for me and mine ... now its your turn)
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To: bitt

This clown should be disbarred for his inability to understand a basic legal premise… innocent until proven guilty.


33 posted on 08/27/2023 9:14:37 AM PDT by GrumpyOldGuy
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To: econjack

Currently the deepstate’s definition of insurrection is a very small group of hired professional agitators in a crowd of 100,000s — crowd size could be as much as 1 million— a number disputed by the professional liars.

With a crowd that large 100,000 or 1 Million a true insurrection directed by Trump would have caused far more damage. That they even call it an insurrection is an insult to any thinking person’s intelligence.

Crowd sizes matter.


34 posted on 08/27/2023 9:17:06 AM PDT by FranklinsTower
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To: Drew68
The left will use every tool they have to deny him the White House.

Including lead. I'm not kidding. They will never let Trump step foot in the White House as POTUS again.

35 posted on 08/27/2023 9:19:16 AM PDT by CatOwner (Don't expect anyone, even conservatives, to have your back when the SHTF in 2021 and beyond.)
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To: joesbucks

State voters sued for being disenfranchised with fraudulent votes and were told they had no standing.

If they had no standing, no one has standing.


36 posted on 08/27/2023 9:19:40 AM PDT by Nathan _in_Arkansas (Hoist the black flag and begin slitting throats. )
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To: Nathan _in_Arkansas

Obama wasn’t even an American citizen but who cares about that?


37 posted on 08/27/2023 9:25:28 AM PDT by Cowgirl
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To: bitt

For telling people to be peaceful


38 posted on 08/27/2023 9:26:11 AM PDT by AppyPappy (Biden told Al Roker "America is back". Unfortunately, he meant back to the 1970's)
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To: bitt

Good luck with that.


39 posted on 08/27/2023 9:26:55 AM PDT by Brilliant
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To: econjack

Your questions are very relevant but would be legally premature under the former Constitution of the US. This attorney has no standing despite that he thinks he / his client does. They don’t have to vote for Trump, and Trump may not be the winner. But even if Trump won, what real Constitutional irreparable injury would this plaintiff suffer? If there was no standing to challenge bho’s “natural born citizen” status despite his obfuscation and evidence of his own hand proving otherwise, this case has even less stadning than no standing.

The strategy is to have 50 of these cases to bog down Trump and GOP. There are enough cherry-picked leftist judges to allow the cases to proceed. And if they do allow to proceed by finding the plaintiff has standing, it will be equally irrelevant to them to your questions. And who is going to fund the challenge to these cases? GOPe? ROFLMAO. No, they are banking that Jerk Smith or Alvin the Dangerous Clown in New York will get a rigged jury to convict Trump. Then this and the other 49 cases will move to modify their complaint to show by his convictions are evidene that Trump had due process and the 14th A applies to keep him off the ballot.

By the time all this, moving at the speed of molasses in late-january at the North Pole, makes it to the Supreme Court (headed by a CJ who doesn’t believe any feral judge is politically motivated), it will be after 2024. There is a good chance (given current composition) that at least a 5-4 will overturn most if not all of these cases against Trump - at least his convictions. For the 50 others, they will refuse to hear them because Trump lost and the cases are moot. The demonkkraps Ted Stevens stategy of using prosecution and courts to interfere in (s)elections lives!

My FRiend - the Constitution is already dead.


40 posted on 08/27/2023 9:28:15 AM PDT by Susquehanna Patriot
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