this post was submitted on 26 Aug 2023
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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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[–] FlashMobOfOne 6 points 1 year ago (2 children)

It seems pretty clear to me from the last 7 years of lawsuits and indictments and impeachments against Trump that no one who actually has the power to put him away or curtail his ambitions has any real intention to do so. It all seems to be performative and done to further one's individual career rather than achieve justice.

[–] RedditRefugee69 3 points 1 year ago* (last edited 1 year ago) (1 children)

Yet this is a clear cut and dry case of invoking this amendment

Edit: fixed invoking autocorrect

[–] mindbleach 1 points 1 year ago (2 children)

He was arrested yesterday.

[–] FlashMobOfOne 1 points 1 year ago

I mean, sort of.

Probably spent a total of 20 minutes in the sheriff's station.

[–] [email protected] 1 points 1 year ago (1 children)

GP's point is that he hasn't yet suffered a conviction or loss to any degree that might deter or limit future misbehavior. I'd love to see at least one conviction with prison time come out of these 4 indictments, but so far the guy's been Teflon and everything thrown at him seems to only make him more bold and revered by his base.

[–] [email protected] 1 points 1 year ago

He's not walking away from 92 felonies.

[–] [email protected] 5 points 1 year ago (2 children)

I'm sure he ruling will be that he has no "standing" to bring suit.

[–] [email protected] 2 points 1 year ago

@TheBaldFox After the abortion ruling (denial of cert if I recall) where doctors who don’t get to see babies have standing, it will be a pretzel twist to for the SC to get around that. If a better plaintiff comes along there may be a shot.

@uphillbothways

[–] [email protected] 1 points 1 year ago

I don't think it will even get as far as standing.

The difference between Trump and the other guy removed from office because of 1/6:

https://abcnews.go.com/amp/Politics/judge-removes-local-official-engaging-jan-insurrection/story?id=89463597

Is that that guy had actually been convicted. Hasn't happened for Trump... yet.

My expectation would be that because Trump's case has not yet been adjudicated, he still has the premise of innocent until proven guilty, and until such time, he's still qualified.

[–] [email protected] 3 points 1 year ago

I doubt it’ll work, but the fact that it’s in Florida is big. If he gets disqualified there, he has almost no path to the white house.

[–] scaredoftrumpwinning 1 points 1 year ago

I had a thought after seeing this. If the GOP legally disqualifies trump after the primary, could the GOP not run anyone? The rest of the field is really weak but if they forfeit the president could they be betting for a mid term style turn out prior to 2018?