(VitalNews.org) – A tax attorney in Florida is attempting to stop former President Donald Trump from ever holding any public office again by suing him, arguing that his role in the events of January 6, 2021, constituted Capitol incursion and disqualified him according to the 14th Amendment.
The lawsuit was filed last Thursday in a federal court by Lawrence Caplan, a lawyer from Palm Beach County. Caplan argues that the former president cannot seek a second term because he’s “constitutionally prohibited” from doing so. Now Caplan is asking the court to consider his case and determine if Trump is eligible to take part in the Florida GOP primary in March 2024.
In an interview, Caplan said he filed the suit because “someone had to” because Trump is “a scary, scary guy.” The attorney said the country is “on the way to fascism” if Trump becomes president again. Caplan, who was registered Independent for a while, claims his lawsuit isn’t motivated by politics and noted that he’s voted for both Republicans and Democrats over the last dozen presidential elections.
The basis of Caplan’s lawsuit is Section 3 of the 14th Amendment of the Constitution, barring U.S. citizens who, “having previously taken an oath… to support the Constitution” while serving in office, “engaged in insurrection or rebellion” against it. Caplan said the former president’s efforts in Georgia, Washington, D.C., and “perhaps other states,” including “the consequential assault” on the Capitol on Jan 6. means Trump is technically disqualified according to the clause in Section 3.
Caplan said Trump should never be able to “serve in federal office again” when considering the facts, which he called “crystal clear,” indicating he “was involved to some extent” in the events of Jan. 6. He’s asking the court to “follow the letter of the Constitution.”
Whether or not the clause applies to Trump before actually being convicted on any of his charges is still being debated among legal experts. Despite four separate indictments this year, Trump’s poll numbers remain substantially higher than every other Republican candidate, and he just raised over $7 million after sharing his mugshot online.
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