A Florida tax lawyer has filed a federal lawsuit to disqualify former President Donald Trump from being elected president again, arguing the U.S. Constitution prohibits someone who led an insurrection from holding office.
Lawrence Caplan of Boynton Beach argues in a federal court filing with the Southern District of Florida that Section 3 of the 14th Amendment to the Constitution prevents someone from holding power in the U.S. government if that individual has rebelled against the government through an insurrection or aided its enemies.
In his filing, Mr. Caplan refers to it as the “disqualification clause” and says it can operate independently of criminal proceedings. But he noted that special counsel Jack Smith has indicted Mr. Trump over the U.S. Capitol riot on Jan. 6, 2021, and allegedly attempting to undermine the 2020 election.
The legal filing also notes Georgia prosecutors have also charged the ex-president and his allies with election interference, among other allegations.
“President Trump’s efforts both in Washington, as well as in Georgia and perhaps other states, as well as the consequential assault on the U.S. Capitol, put Trump at the center of the disqualification clause, and as a result of which, make him ineligible to ever serve in federal office again,” Mr. Caplan wrote.
He did not immediately respond to a request for comment about his lawsuit.
Legal scholars have debated whether Mr. Trump could run for president following the Jan. 6 riot, which resulted in a breach of the U.S. Capitol, injured police officers and the fatal shooting of a Trump supporter, as well as lawmakers having to flee to safety.
Liberal legal analyst and Harvard University professor emeritus Laurence Tribe said he believes the Constitution’s 14th Amendment is clear and it would be too big of a hurdle for Mr. Trump to surmount, reasoning he shouldn’t be able to run for re-election.
“You are disqualified, period,” said Mr. Tribe on CNN. “So all of the charges against the president which at the moment don’t happen to include insurrection are really beside the point.”
But not all legal experts agree with that analysis of Section 3 of the 14th Amendment, which reads: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
The House can vote to un-disqualify someone by a two-thirds vote, the section notes.
Josh Blackman, a professor at South Texas College of Law, said the lawsuit by Mr. Caplan may be premature since it’s unclear whether Mr. Trump has applied yet to be on the Florida primary ballot, where Mr. Caplan is based and filed the complaint.
“On the merits, there are open questions about how Section 3 can be enforced, and whether it even applies to Trump. This suit will likely be dismissed,” Mr. Blackman said.
A Trump spokesperson called it another frivolous lawsuit.
“When it comes to filing frivolous lawsuits against President Trump, there’s no depth to which the Trump-deranged progressive left will sink. But this might be a new low. This lawsuit has no basis in fact or law. 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,” the spokesperson said.
The case has been assigned to Judge Robin L. Rosenberg, an Obama appointee.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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