A lawyer sued former President Donald Trump on Thursday, claiming that Trump is ineligible to serve another term as president due to his involvement in the Jan. 6, 2021, Capitol riots.
"Section 3 of the 14th Amendment [of the U.S. Constitution], automatically excludes from future office and position of power in the U.S. government ... any individual who has previously taken an oath to support and defend our Constitution and after which acts so as to rebel against that charter," attorney Lawrence Caplan wrote in his lawsuit filed with the U.S. District Court in South Florida.
Caplan argues that Trump's role in the storming of the Capitol and overturn the 2020 presidential election results constitutes a violation of this section of the Constitution.
President Trump is seen on a large screen over the crowds gathered for the "Stop the Steal" rally on January 06, 2021 in Washington, DC. Robert Nickelsberg/Getty Images
Two members of the conservative Federalist Society first advanced this theory earlier this month. Now, Caplan is hoping the legal system will enforce it.
"Petitioner respectfully asks this honorable Court to enter a declaratory judgment such that Donald J, Trump is barred from seeking the office of President of the United States," Caplan concluded his lawsuit. "And further, is barred [f]rom particpating (sic) in the Republican Presidential primary in Florida in the spring of 2024."
Troll_in_the_Knoll on August 25th, 2023 at 22:48 UTC »
This is just a WILD guess, but I'm thinking the he wishes he never came down that escalator in 2015.
CaptainNoBoat on August 25th, 2023 at 22:45 UTC »
Litigation is welcome and all, but this isn't the strategy being pushed by several legal experts recently.
Litigation to invoke the 14th has already failed against Marjorie Taylor Greene and Madison Cawthorn in lower courts, and it will take a long time to play out.
What is being promoted is for Secretaries of State to remove Trump from ballots unilaterally, which will of course be challenged and expedited to SCOTUS. (Which I'm not exactly confident about them adjudicating)
That will be the real thing to keep an eye out for, and we probably have a few months until we see if any states try this.
gasahold on August 25th, 2023 at 22:41 UTC »
Trump: But I have a defiant face!