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Florida lawyer files challenge to disqualify Trump from 2024 race, citing 14th Amendment
The Hill ^ | 8/25/23 | Ella Lee

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 ...


TOPICS: Business/Economy; Conspiracy; History; Local News
KEYWORDS: 14thamendment; 2024; florida; fourteenthamendment; lawyer; trump
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Trump should've taken the chicom bribes. A whole lot less trouble.
1 posted on 08/25/2023 1:35:22 PM PDT by Libloather
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To: Libloather

LOL LOL these commies really have no shame..and yet you hear leftists like Jessica Tarlow keep yelling how the dems want Trump to be the nominee because he is so easily beatable, well they have a funny way of showing it..its so beyond obvious that Trump can beat Joe Biden’s sorry ass and they can’t use the excuse of corona to send out 300+ million fraud ballots to people..so they already lost that..so they know they will lose next yr unless they get Trump put in jail, or kill him, or get him removed from the ballot


2 posted on 08/25/2023 1:36:57 PM PDT by Sarah Barracuda
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To: Libloather

I don’t see how this lawsuit can go forward. Trump has not been convicted of anything involving rebellion or insurrection or whatever other label people put on his actions.

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.


3 posted on 08/25/2023 1:37:13 PM PDT by Dilbert San Diego
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To: Libloather

No standing


4 posted on 08/25/2023 1:38:58 PM PDT by Jim Robinson (Resistance to tyranny is obedience to God.)
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To: All

Trump was “accused” of insurrection by joyous hopeful Democrats like Pelosi and Scharff.

Trump was never “charged” w/ insurrection.


5 posted on 08/25/2023 1:39:57 PM PDT by Liz (More tears are shed over answered prayers than over unanswered ones. St Teresa of Avila)
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To: Libloather

In a fair world he wouldn’t have standing.


6 posted on 08/25/2023 1:40:01 PM PDT by alternatives?
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To: Libloather

Trump should file the same paperwork against mayor Bowser for inciting violence and insurrection using blm and antifa thugs.


7 posted on 08/25/2023 1:42:38 PM PDT by patriot torch
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To: Libloather

Lawrence Caplan, a fascist tax attorney with a severe case of TDS in Palm Beach County, is busy projecting....


8 posted on 08/25/2023 1:43:36 PM PDT by Paladin2
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To: Dilbert San Diego

>> I don’t see how this lawsuit can go forward.

It can’t. This shyster’s claim of insurrection is not proof of insurrection, and proof of insurrection will be required.

Just another showboating progressive. Bet it’s thrown out right away. ANYONE can “file” a lawsuit.


9 posted on 08/25/2023 1:44:00 PM PDT by Nervous Tick (Jesus is LORD and Savior! And Donald Trump is President of the United States of America.)
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To: Libloather

If somehow this *Expletive Deleted* lawyer was to succeed, he’d probably start a real civil war. No sane person wants that (including me), so this is either just a stunt or this Caplan dude is insane.


10 posted on 08/25/2023 1:44:22 PM PDT by Paul R. (You know your pullets are dumb if they don't recognize a half Whopper as food!)
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To: Libloather

There’s lawyers. Then there’s Florida lawyers.


11 posted on 08/25/2023 1:44:45 PM PDT by 4Runner
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To: Libloather
“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.”

So a trial and conviction for "insurrection" is unnecessary. The accusation alone is sufficient.

In that case, why do we need judges, juries and lawyers?

12 posted on 08/25/2023 1:44:54 PM PDT by E. Pluribus Unum (The worst thing about censorship is ████ █ ██████ ███████ ███ ██████ ██ ████████. FJB.)
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To: Libloather

not charged with insurrection

not convicted of anything

but it was obvious this is the goal all along

bounce Trump off state ballots


13 posted on 08/25/2023 1:45:28 PM PDT by joshua c (to disrupt the system, we must disrupt our lives, cut the cable tv)
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To: Libloather

Just more legal chaff.


14 posted on 08/25/2023 1:45:54 PM PDT by lurk (u)
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To: Libloather

Florida should disbar this idiot immediately. Guilty until proven innocent.


15 posted on 08/25/2023 1:47:17 PM PDT by jpp113
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To: Dilbert San Diego

They seem to think that doesn’t matter. They simply can assert he engaged in it, as, you know, the media has called it an ‘insurrection’ a million times, and that is it!


16 posted on 08/25/2023 1:52:35 PM PDT by fuzzylogic (welfare state = sharing of poor moral choices among everybody)
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To: Dilbert San Diego
This amendment has not been tested in the courts, and there are several reasons why it wouldn't apply to Trump. First of all, the charge of insurrection has been made rhetorically, but there is no conviction, or even a criminal charge that he had done so. For obvious reasons, just saying that someone has been part of an insurrection, or given aid and comfort to the enemy, would make it impossible to nominate just about anyone- especially anyone in the Democrat Party, who give comfort and aid to our enemies as a matter of policy! Giving $85 Billion worth of military equipment to the Taliban would disqualify Biden and half of Washington.

Also, in a stricter legal sense, there is precedent that says that the President and Vice-President are not part of the "officer" class, since they are voted on by the people. Thus, not covered under the 14th Amendment. Note that Senators and Representatives are listed separately, so they are to be included in this clause, but President and VP are not included.

And while this lawsuit is not going to go far, I think it gives some insight to where the Democrats and the RNC are heading.

17 posted on 08/25/2023 1:53:43 PM PDT by Repealthe17thAmendment
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To: Libloather

Best line I’ve heard in while : )

So, it’s starting. Right on time. One could set their watch to the opponents dastardly deeds.


18 posted on 08/25/2023 2:00:52 PM PDT by vivenne
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To: E. Pluribus Unum

Well, this lawyer THINKS Trump caused insurrection
His thoughts are all that matters.


19 posted on 08/25/2023 2:03:04 PM PDT by vivenne
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To: Libloather

Right on schedule for the DNC Nazis and Commies

such utter bullkrap is beyond belief

as any knowledgeable attorney or American citizen knows


20 posted on 08/25/2023 2:04:09 PM PDT by faithhopecharity (“Politicians are not born. They're excreted.” Marcus Tillius Cicero (106 to 43 BCE))
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