The lawsuit, filed on Tuesday by Lawrence A. Caplan, alleges that the Constitution demands that Trump be ineligible to run for federal office because he tried to overthrow the government. But, can you disqualify someone with a mere accusation of a crime or do you have to prove it? This is extremely dangerous territory. If this would stand, and I am sure it won’t, the party in power would only have to declare their opponent is a danger to Democracy.
What if some prosecutor accused Joe Biden of treason for allowing seven million illegals into the country? Would he then be ineligible before he is convicted? In fact, you could probably find grounds to disqualify 80% of all Democrats, based solely on their voting record. Caplan went on to describe his voting record but did not say which party he belongs to. Gee, I wonder which party is his.
Below is a transcript from the complaint:
The facts of this case are undeniably simple. Donald J. Trump served a the 45th President of the United States having won the election in 2016 and was inaugurated on January 20, 2017. He served for four years until he lost the 2020 Presidential Election to Joseph R. Biden, Jr. who took office on January 20, 2021. President Trump chose not to appear at the inauguration of his successor. Having left for his estate in South Florida while the ceremony was taking place…
On January 6, 2021, after giving a speech to a throng on the Ellipse near the Capitol, President Trump exhorted the throng to march to the Capitol and told them that he would be right there with them. After he was finished with his speech, Trump returned to the White House and watched he later events unfold on television. As we are well aware, the throng marched on the Capitol, forced their way into the Capitol building, ransacked the rotunda area, and even made their way into several offices of representatives and senators…
Of note, President Trump had sent out a tweet the day before claiming that “January 6th will be wild”. Trump also later remarked that the insurrectionists who had breached the Capitol were “special” and that “we love you”. He also later remarked that had Vice-President Pence simply done his job and refused to certify the results of the election that everything would have been fine. Not for several hours were the National Guard called in to quell the insurrection as allegedly President Trump refused to do so and had been mesmerized by the events that were taking place on his television at the White House…
Caplan said in his complaint:
“The mere fact that he has been formally indicted for various felonies including insurrection against the federal government mandates that Section 3 of the 14th Amendment be triggered.”
“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.”
“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.”
Gee, I just noticed that Caplan said that Trump told his supporters to go to the Capitol, but he forgot to mention that Trump told them to march peacefully and patriotically to the Capitol. He also didn’t mention the video that Trump made and posted on the site formally known as Twitter for his followers to quit the violence and go home. He can’t be faulted for that because Twitter immediately took the video down. I wonder what community standard he violated by calling for the end of violence.