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Florida Lawyer Argues Trump Can’t Run For President In 2024: Why | The USA Print – THE USA PRINT

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A Florida lawyer, identified as Lawrence Caplan, is questioning whether former President Donald Trump can run for the US presidency. This was reported by the news portal The Hill.

Caplan, who is a Palm Beach County tax attorney, He pointed to a clause in the amendment that says that those who “have participated in insurrection or rebellion” against the government cannot hold office.

In the submitted document, the lawyer assured that Trump “is no longer eligible to seek the office of President of the United States, nor of any other state of the Union”.

“The bottom line here is that President Trump participated in an insurrection and also provided aid and support to others who were participating in such actions, in the plain meaning of those terms, as defined in Section Three of the 14th Amendment. Assuming 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 President of the United States, nor of any other state of the UnionCaplan detailed.

Former President Trump is currently the undisputed favorite in the Republican Party’s presidential primary.

In an interview with The Hill, Caplan said that “someone had to lead” the challenge to Trump’s candidacy, and it is one of the first legal maneuvers to question the legality of the former president’s candidacy in 2024.

“This is a scary, scary guy, and if he’s president, I think we’re all headed for fascism,” he said. “There is no law that says we have to remain a democracy forever.”

In the document, Caplan compiled all the events that led to January 6, 2021, a date that is known in the American public opinion as “the assault on the Capitol.”

“As we know, the mob marched on the Capitol, forced their way into the Capitol building, looted the rotunda area, and even entered the offices of several representatives and senators,” he wrote.

The “disqualification clause” of the 14th Amendment was written in the context of the Civil War, intended to prevent those who had joined the Confederacy from holding state or federal office. But “theoretically it would still apply” to those who participate in future rebellions or insurrections against the United States, according to Cornell University’s Institute for Legal Information.

Caplan told The Hill that he originally did not believe Trump’s role in the Capitol attack would disqualify him from running for president again. Nevertheless, that changed when he read an analysis by former Fourth Circuit Court of Appeals 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 a liberal, argued that Trump’s efforts to stay in power after losing in 2020 “clearly place him within the scope of the opt-out clause.” disqualification”.

Grand jury indictments against Trump in the Washington, D.C., federal case and the Georgia case investigating those efforts make his disqualification automaticCaplan said.

“Common sense says that the law says that someone who is accused of causing an insurrection is automatically ineligible to run for federal office,” Caplan told The Hill.

Whether the attack on the Capitol rises to the level of insurrection under the law is a question still hotly debated among legal and political scholars.

In his filing, Caplan wrote that “it can certainly be argued” that the clause has not been “sufficiently tested.” But he countered that that is solely because the United States has not otherwise faced an insurrection against its federal government like the one it faced on January 6, 2021.

“The law is the law,” Caplan said. “We will see if the judges have the courage to follow the law“.

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