Judge Robin Rosenberg dismissed a lawsuit challenging Trump’s candidacy brought by Boynton Beach tax attorney Lawrence Caplan and two more individuals.
The Judge’s ruling
Rosenberg ruled, “An individual citizen does not have standing to challenge whether another individual’s qualified to hold public office.” The Judge added that “the injuries alleged” in the lawsuit were not “cognizable” nor “particular” to the plaintiffs.
Caplan’s lawsuit
The lawyer and two other individuals filed the lawsuit that said, “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 will not appeal but has other plans
The lawyer will not appeal but plans to file in another state, most likely in the D.C. District Court, believing there wouldn’t be the same “standing” issue.
The lawyer only filed recently
The tax lawyer filed the lawsuit only a week ago, adding in the filing, “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.”
Trump’s spokesperson commented
When the lawsuit was filed, a spokesperson for Trump said, “We look forward to its prompt dismissal, to an award of legal sanctions against the plaintiff, and to receiving full payment from him of all of our legal fees responding to this meritless, bad faith case.”
Caplan wanted to start a trend
Talking to The Hill, the lawyer stated, “Someone had to take the lead,” adding, “This is a scary, scary guy, and if he’s president, I think we’re all on the way to fascism,” he said. “There’s no law that says we have to remain a democracy forever.”
State officials in certain states are looking into the 14th amendment
State officials in New Hampshire and Michigan already stated they were looking into the 14th Amendment clause 3, which says a public official is not eligible to assume public office if they “engaged in insurrection or rebellion against” the United States or had “given aid or comfort to the enemies thereof,”
Legal scholars mainly support that Trump should be disqualified
A Former 4th Circuit Appeals Court Judge, J. Michael Luttig, a conservative, said in his article for The Atlantic that Trump’s actions “place him squarely within the ambit of the disqualification clause.”
Caplan believes this is the “law”
Caplan also shared, “We’ll see whether or not the judges have the guts to follow the law.” The lawyer added, “The law is the law.”
Conservative law professors embraced that Trump cannot run
William Baude and Michael Stokes Paulsen, conservative law professors, pointed out that the vital piece of the case against Trump was his efforts to pressure then-Vice President Mike Pence to stop the counting of electoral votes and Trump’s “incendiary” speech encouraging followers to march to the Capitol on January 6.
Free Speech for People expressed their concerns
Free Speech for People wrote in a letter, “Trump’s involvement in the violent attack on Congress to prevent the certification of democratic election results disqualifies him from holding any future public office.”
Trump trials in Georgia and D.C. could help the case against him
The problem is that trials will likely not end before the Republican primaries, though a conviction would give more merit to future potential lawsuits regarding Trump’s candidacy and its legitimacy.
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