Estate planning

The lawsuit says Donald Trump is ineligible for the presidency


A South Florida attorney has filed a lawsuit against Donald Trump seeking to have the former president declared ineligible to run for another term as president.

The lawsuit, which implicates Trump in the January 6, 2021 insurrection, He wants the federal courts to implement The Fourteenth Amendment to the Constitution, added after the Civil War, to prevent persons who had taken part in an insurrection against the United States from ever holding office again.

Lawrence Kaplan’s lawsuit asserts that this provision clearly applies to Trump:

“The efforts of President Trump in Washington, as well as in Georgia and possibly other states, as well as the subsequent attack on the U.S. Capitol… render him ineligible to serve in federal office again. Now given that the facts appear quite clear that Trump was involved To some extent in the insurrection of the 6th of January, the only remaining question is whether the American jurists who took an oath to respect the Constitution of the United States upon entering the bench would choose to follow the letter of the Constitution in this case.

Kaplan concluded, “The bottom line here is that President Trump engaged in an insurrection and also provided aid and comfort to other individuals who were engaging in such actions, in the plain sense of those terms” as provided by the Fourteenth Amendment. “Trump is no longer eligible to run for office.” President of the United States, or any other country in the Union.”

Kaplan did not come up with this theory on his own.

The theory has garnered a lot of attention in recent weeks after legal scholars — including one of the nation’s leading conservative legal thinkers and members of the conservative Federalist Assembly — said the Fourteenth Amendment undoubtedly applied to Trump, preventing him from serving another term as president.

Kaplan’s lawsuit, filed Thursday in the US District Court of South Florida, uses that theory to ask the court to declare Trump barred from running for president and bar him from participating in the 2024 Florida Republican primary.

Despite the legal grounds for this case, people who hate and fear Trump should not be too excited, nor should people who love him be too worried.

“Realistically, it’s not salutations to you, but just throwing the ball and hoping it lands in the right place,” said Charles Zelden, a history and legal studies professor who specializes in politics and voting at Nova Southeastern University. “It’s hopeful that we can simply solve the Trump problem. And I’m sorry, Trump is too big a problem to simply get rid of. He’s a huge challenge to the system.”

“It’s one of those ideas that only a law professor could love,” said Zelden.


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