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Florida Lawyer Sues Trump to Disqualify Him From 2024 Race (www.thedailybeast.com)

submitted 1 year ago* (last edited 1 year ago) by uphillbothways@kbin.social to c/politics@lemmy.world

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The 14th Amendment to the Constitution bans anyone who “engaged in insurrection or rebellion against” the U.S. from holding office.

A Florida lawyer is suing Donald Trump in an attempt to disqualify his current run for president. Lawrence A. Caplan’s Thursday lawsuit claims that the ex-president’s involvement in the Jan. 6 Capitol riot would make him ineligible to run again, thanks to the Constitution’s 14th Amendment—a Civil War-era addition aimed at preventing those who “engaged in insurrection or rebellion against” the U.S. from holding office. “Now given that the facts seem to be crystal clear that Trump was involved to some extent in the insurrection that took place on January 6th, the sole remaining question is whether American jurists who swear an oath to uphold the U.S. Constitution upon their entry to the bench, will choose to follow the letter of the Constitution in this case,” the lawsuit says, also citing Trump’s alleged efforts to overturn the 2020 election results in Georgia. Legal experts say it’s an uphill battle to argue in court, since the amendment has hardly been exercised in modern history. “Realistically, it’s not a Hail Mary, but it’s just tossing the ball up and hoping it lands in the right place,” Charles Zelden, a professor of history and legal studies at Nova Southeastern University, told the South Florida Sun Sentinel.

archive link to South Florida Sun Sentinel article: https://archive.ph/1BntD

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[-] Immersive_Matthew@sh.itjust.works 27 points 1 year ago

Sounds like someone similar to Trump does not want to run against him.

[-] Treczoks@lemm.ee 10 points 1 year ago

I think a lot of people would just be happy to see Trump cut out of the race for good. There will be no majority for DeSantis, because the Trump disciples will shun him, cutting down any possible Non-Trump REP candidate.

[-] lingh0e@lemmy.film 17 points 1 year ago

In that scenario I imagine there would be a large number of maga goons who would still write in Trumps name. I can also see people angrily crossing out Bidens name or otherwise defacing their ballot, spoiling their vote.

This next election is going to be an absolute shit show.

[-] AlexisFR@jlai.lu 2 points 1 year ago

If it's true then it should be fine for non fascists.

[-] Treczoks@lemm.ee 1 points 1 year ago

Well, let them. It just invalidates their vote. I am more afraid of MAGA brains trying to vote with their guns instead.

[-] uis@lemmy.world 1 points 1 year ago

defacing their ballot, spoiling their vote.

That probably will not be counted in favour of any candidate.

[-] lingh0e@lemmy.film 7 points 1 year ago

Yes, it is referred to as vote spoiling.

[-] uis@lemmy.world 0 points 1 year ago* (last edited 1 year ago)

It is equal to not going to election station in first place.*

*unless there is quorum requirement

this post was submitted on 26 Aug 2023

862 points (96.9% liked)

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