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.
Comments 35
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Message to this So Called Florida Lawyer trying to get OUR PRESIDENT TRUMP OFF THE BALLOT! Go Chase an Ambulance you can actually CATCH! By the way, Florida does not Want or Need Your Kind!
You, are right.
The United States of America doesn’t need that kind of pettifogger! Disbar him.
Caplan is obviously desperate for publicity. He lacks all integrity, a trait shared with many attorneys.
What kind of lawyer is this guy??? Did he get his license on the internet? We have a constitution I suggest he read it. This man is innocent UNTIL proven guilty.
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In our legal system today, everyone is presumed innocent until proven conservative.
Not with Democrats, you are guilty even before a conviction or trial.
Not today. Perhaps once upon a time when people believed in reading the Constitution exegetically rather than eisegeically.
No, he likely got his law education from a leftist law school that exists not to defend the Constitution but to find ways to circumvent it.
I think that this attorney be jailed for murder and mayhem. I sure that I read it somewhere on the internet.
The new party commies are doing whatever they can to get President Trump off the ballot. This IS election interference and something that hitler and stalin would be proud of.
Since President Trump is still standing, covid 2 is coming out along with the new party commies wanting another shut down. Why? this will allow them to rig the election AGAIN.
I hope and pray the people are not as ignorant this time.
Trump did not try to overthrow the Govt or the Constitution. As a matter of fact, if he believed that the “votes” sneaking in in the middle of the night were bogus because of the virtually impossible numbers, As President, he had a Constitutional obligation to try to insure their accuracy. AG Barr didn’t. Pence didn’t. And the courts and media refused to consider it.
EXACTLY!! Great Post!!
The corruption in our nation is deep. It is up to we the people to stand and be heard LOUD and CLEAR
Amen.
For the most part, I agree with you wholeheartedly. However, VP Pence DID NOT have the authority to vacate the Joint Session of Congress’ certification of their Electoral College vote. Why would the Framers have given the possible opposing Party’s VP the ability to overrule a majority of Congress’s decision?
The point is that nowhere in Article 2, Section 1, Cause 3 of the Constitution does it define how electors are originally chosen. Nor did the 12th Amendment replace those procedures. Furthermore, the Electoral Control Act of 1887 (Pub.L.49-90, 24 Stat. 373, at Title 3. Chapter 1 [1] has never been overturned by the SCOUTS or the States in the procedures to be followed.
The VP’s role as President of the Joint Session is merely parliamentarian. His job is to keep order, to ask for each State’s tally, and if there’s a WRITTEN objection by 1 Representative and 1 Senator to a State’s tally to call for a recess for both Houses to debate the issue separately. Then the VP calls the Session back into order and asks for their decision. Their decision is FINAL. The VP DOES NOT have the authority to override it. So the VP then does the final tally and announces the JOINT SESSION’s decision, not his or his running mate’s.
I realize the meanderings of our pettifoggers for about two and a half decades have muddied the waters. Yet in two and a half years I’ve begged for anyone to show me differently in the Constitution or US law. To date, no one, and I mean no one, has done so. So either we believe in and abide by the Constitution AS EXEGETICALLY WRITTEN, or we change it through an amendment.
While I truly wish the State, federal, and SCOTUS Courts had had the courage to follow CIVIL lawsuit procedures to allow Pres. Trump’s election lawsuits to be heard on their merits, they didn’t. Had they, I believe Trump would be our rightful president as they’d have had to allow DISCOVERY about the MASSIVE fraud the seditious Socialist Democrats committed.
What’s the difference between a lawyer and a vulture? A vulture can’t take off his wingtips at night.
Oh, you mustn’t denigrate those “HAAAVAD” pettifoggers so. ????????
When was an insurrection or a rebellion declared officially and legally? Who did so? Nancy Pelosi didn’t have the authority to do so, even though she thinks she has the power and authority of God!!
Right. And even then, Trump and his associates would have had to have been convicted in a court of law or have publicly admitted to doing so, wouldn’t they?
At least once upon a time, most lawyers upheld the concept of Due Process.
The FBI stated decisively “There was no insurrection”. Every American, the president, in particular, has the right and duty to question an election. As far as Kemp in Georgia and the phone call Kemp himself has come out and said voting machines could be hacked. This carp is all about keeping Trump off the ballot and it is backfiring “Bigley”
Well, here we have another D-Party feces-spewing wannabe attorney, Shyster Caplan, who wants to deny Donald Trump his Constitutional right to run for President. What happened to “innocent until proven guilty in a court of law, you flaming duffus???
WELL, Lawrence Caplan esq, understand this! You have no right to deny me my freedom of choice! You fail Civics 101!
MAGA!
Donald Trump inspires the fear factor in lesser men and women. I have never witnessed a situation in which so many weak minded people will sink to every and any method they can find to eliminate the rightful leader of US. As dumb as people are judging from votes I still refuse to believe that the election was honest. If it was and there are that many air heads in America, then we have a lot more problems ahead of us.
Apparently Trump executed a solo insurrection as the FBI says it never occurred…
…there will soon have to be wrongful arrests and civil payments of legal fees or be prepared for EVERY citizen to face new “novel” laws
Like a conspiracy of one or a weaponless coup..
I won’t matter if Mr. Trump is excluded from the 2024 ballot, America will write him in, and he will win the office that he was robbed of back iin 2020. AMERICANS FOR TRUMP.
Yes i have heard of some GOP that want him off the ballet Guess the love bitme and want him back Because of what i heard from the debate i sure would NOT vote for most. Guess they could be part of that RNC group who love the romney type
A marxist is a marxist no matter what country they are home-grown in.
What is a Marxist? I want to say more like Fascist Socialist.
He is a tax attorney. Where is the challenge to remove Biden from the ballot based upon allegations of receiving bribes in which he failed to pay income tax?
Accepting bribes is no longer a crime. If it were, you would have to remove every senator, congressman, judge, current president, and anyone who answers to lobbyists. The whole government runs on bribery.