The 14th Amendment to the Constitution bans anyone who ā€œengaged 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. Caplanā€™s Thursday lawsuit claims that the ex-presidentā€™s involvement in the Jan. 6 Capitol riot would make him ineligible to run again, thanks to the Constitutionā€™s 14th Amendmentā€”a Civil War-era addition aimed at preventing those who ā€œengaged in insurrection or rebellion againstā€ the U.S. from holding office. ā€œNow 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 Trumpā€™s alleged efforts to overturn the 2020 election results in Georgia. Legal experts say itā€™s an uphill battle to argue in court, since the amendment has hardly been exercised in modern history. ā€œRealistically, itā€™s not a Hail Mary, but itā€™s 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

  • TechyDad@lemmy.world
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    1 year ago

    Well, itā€™s clear to everyone who isnā€™t a Trumper, but you need to remember that the law doesnā€™t always follow ā€œitā€™s clear to everyone.ā€ Due to various reasons, that law can hinge on technicalities and tests. So while we might agree that Trump engaged in insurrection, proving that he engaged in insurrection in court would be more difficult. Not impossible, mind you, but more difficult. And depending on the judge and evidence, Trump could be found, via a technicality, to have not engaged in insurrection as far as the law goes.

    • constantokra@lemmy.one
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      1 year ago

      I donā€™t disagree. I think the real problem us that weā€™re supposed to trust the impartiality of the people making those technical legal determinations. Itā€™s become obvious thatā€™s a total fiction.