Ever since the issue was raised by two legal experts (One Liberal, One Conserveritive) last week?
This has been debated in the media….
If this case is entertained?
It is sure to land in the lap of the Supreme’s….
As I, who isn’t a lawyer , and others have pointed out….
The Federal and Georgia criminal cases do NOT charge ex-President Donald J. Trump with an ‘insurrection’….
Both are based on the switching of electors…. NOT the Jan. 6 protest’s and violence….
The 1,000 or so Federal arrests and jail time convictions by the Us Justice Dept. DO point to Trump pushing for one….
We’ll see how this plays….
A High Court ruling against Trump would make his campaign and central reason to beat the Federal criminal charges moot….
And probably assure Joe Biden his second term since the second tier of Republican candidates are so numerous and fractured in standing…
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….
Caplan told The Hill that he did not originally believe Trump’s 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 Trump’s efforts to remain in power after losing in 2020 “place him squarely within the ambit of the disqualification clause.”
Trump’s grand jury indictments in the Washington, D.C., federal case and the Georgia case probing those efforts make his disqualification automatic, Caplan said….