The 14th Amendment to the Constitution bans anyone who āengaged in insurrection or rebellion againstā 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. Caplanās Thursday lawsuit claims that the ex-presidentās involvement in the Jan. 6 Capitol riot would make him ineligible to run again, thanks to the Constitutionās 14th Amendmentāa Civil War-era addition aimed at preventing those who āengaged in insurrection or rebellion againstā the U.S. from holding office. āNow 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,ā the lawsuit says, also citing Trumpās alleged efforts to overturn the 2020 election results in Georgia. Legal experts say itās an uphill battle to argue in court, since the amendment has hardly been exercised in modern history. āRealistically, itās not a Hail Mary, but itās just tossing the ball up and hoping it lands in the right place,ā 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
Is this the Florida Man redemption arc?
Seems more like a preemptive strike in an attempt to discredit the claim early in a friendly district.
That actually makes sense. Itās plausible that it is strategic preemptive judge shopping. Success would create a protective precedent from the findings of a biased court. My reasoning is simple, if lots of the participants of the riot were charged with insurrection, then it logically follows that the person benefiting the most from the insurrection is likely guilty of it as well. The burden of proof should not be enormous to reach the top tier of that insurrection, because of public statements and suspicious neglect of duty to quietly support the effort. Things like wanting to remove magnetic weapon detectors to invite in armed insurrectionists should be a big clue.