Lawsuit Dismissed claiming Trump can’t run for office under the 14th Amendment

Lawsuit Dismissed claiming Trump can’t run for office under the 14th Amendment

Lawrence Caplan did not have a particular legal injury to bring forth a federal lawsuit regarding the former president and the 14th Amendment. ~Judge Robin L. Rosenberg

By Charlotte Hazard

A federal judge dismissed a lawsuit brought by a Florida tax attorney that claimed former President Donald Trump could not run for office on the basis of fomenting an insurrection.

Judge Robin L. Rosenberg ruled that Lawrence Caplan, who filed the challenge, did not have a particular legal injury to bring forth a federal lawsuit regarding the former president and the 14th Amendment. 

“Plaintiffs lack standing to challenge defendant’s qualifications for seeking the presidency, as the injuries alleged are not cognizable and not particular to them,” the judge wrote, according to The Washington Times.

Caplan had argued in his filing that a clause in the 14th amendment that says those who “have engaged in insurrection or rebellion” against the government cannot hold office.

“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, citing the Jan. 6, 2021, Capitol riot, according to The Hill.

“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,” he continued.

Harvard Law School Professor Emeritus Alan Dershowitz has raised doubts about the notion that Trump can’t run because of the 14th Amendment, saying it’s a “grave danger” to the Constitution.

“It would put the decision about who the President is in the hands of local Secretaries of State and Democratic governors, instead of in the hands of the people,” Dershowitz said in an interview on the “Just the News, No Noise” TV show.

As of now, Trump is still the frontrunner by far for the GOP nomination for president, based on current polling.



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(TLB) published this articlwith permission of John Solomon at Just the News.  Click Here to read about the staff at Just the News

Header featured image (edited) credit: Trump/Saul Loeb | AFP | Getty Images

Emphasis added by (TLB)



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