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submitted 1 year ago* (last edited 1 year ago) by uphillbothways@kbin.social to c/politics@lemmy.world

The 14th Amendment to the Constitution bans anyone who “engaged in insurrection or rebellion against” the U.S. from holding office.

A Florida lawyer is suing Donald Trump in an attempt to disqualify his current run for president. Lawrence A. Caplan’s Thursday lawsuit claims that the ex-president’s involvement in the Jan. 6 Capitol riot would make him ineligible to run again, thanks to the Constitution’s 14th Amendment—a Civil War-era addition aimed at preventing those who “engaged in insurrection or rebellion against” the U.S. from holding office. “Now given that the facts seem to be crystal clear that Trump was involved to some extent in the insurrection that took place on January 6th, the sole remaining question is whether American jurists who swear an oath to uphold the U.S. Constitution upon their entry to the bench, will choose to follow the letter of the Constitution in this case,” the lawsuit says, also citing Trump’s alleged efforts to overturn the 2020 election results in Georgia. Legal experts say it’s an uphill battle to argue in court, since the amendment has hardly been exercised in modern history. “Realistically, it’s not a Hail Mary, but it’s just tossing the ball up and hoping it lands in the right place,” Charles Zelden, a professor of history and legal studies at Nova Southeastern University, told the South Florida Sun Sentinel.

archive link to South Florida Sun Sentinel article: https://archive.ph/1BntD

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[-] elbarto777@lemmy.world 154 points 1 year ago

Anyone who says that the election was rigged, and insists on it after being proven false over and over again, well..... if that doesn't prove malice, then I don't know what will.

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[-] Chickenstalker@lemmy.world 96 points 1 year ago

In many other countries, insurrection gets you a nice brick wall and a blindfold. In America, you get to run for President (again).

[-] dragonflyteaparty@lemmy.world 11 points 1 year ago

Except the trial for the insurrection is just barely starting, not to mention all the other indictments. Yes, he wasn't immediately locked up and should have been. Yes, he's being treated differently because he's rich, but it's not like nothing is happening.

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[-] Gatsby@discuss.online 63 points 1 year ago* (last edited 1 year ago)

It’s crazy that anyone would think he can and should be allowed to run for President again. The 14th Amendment is quite clear. And the man incited a violent insurrection to install himself as a dictator during what was a purely symbolic procedure. Trump lost, Biden won. Counting the electoral votes on 1/6 was a formality. There was no actual way for him to remain in office so he betrayed the nation by attempting to destroy democracy as we know it in this country. The only place he belongs in 2024 is ADX Florence.

[-] jennwiththesea@lemmy.world 11 points 1 year ago

The question is how to enforce the 14th amendment. This suit looks like a decent attempt at it, that doesn't require Congress to act. (Congress has way too many Republicans right now, who will not enforce the 14th amendment against one of their own.)

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[-] affiliate@lemmy.world 60 points 1 year ago

Legal experts say it’s an uphill battle to argue in court, since the amendment has hardly been exercised in modern history.

i find this very strange. it’s like they’re saying no one really knows what the amendment means because it hasn’t been used in a while. i’m not a lawyer, so my opinion doesn’t really mean much on this. i but i don’t see how it’s that vague (although it is a little vague). i also don’t see why the legal strength of an amendment should depend so much on how often it’s been used.

i’m not saying they’re wrong, i just don’t understand why it’s like that.

[-] atzanteol@sh.itjust.works 18 points 1 year ago

It's not obvious what it means to "engage in insurrection" without case law defining what that means. What exactly does "insurrection" mean? What types of actions are required for this law to apply?

It's much more of a gamble.

[-] perviouslyiner@lemm.ee 18 points 1 year ago

7 people were convicted already of seditious conspiracy, so either of the conspiracy charges connecting the former president with directing their actions would be pretty strong evidence.

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[-] agentsquirrel@sh.itjust.works 11 points 1 year ago

And then there are other amendments like the 2nd Amendment with the puzzling and vague "well-regulated militia" language that never seems to be a problem...

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[-] ineedaunion@lemm.ee 35 points 1 year ago

I mean, felons can't even vote.

[-] ech0@lemmy.world 14 points 1 year ago* (last edited 1 year ago)

This is what I've been saying. He's a felon! Over 90 felonies! He's can't run for election.

[-] doggle@lemmy.world 12 points 1 year ago

He hasn't actually been convicted of any yet... technically not a felon until he's sentenced, if I'm not mistaken

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[-] YurkshireLad@lemmy.ca 34 points 1 year ago

Caplan to receive death threats in 3….2….1……

[-] sycamore@lemmy.world 30 points 1 year ago

So now we'll have a supreme court ruling that what Trump did was not an insurrection. Great.

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[-] CharlesDarwin@lemmy.world 28 points 1 year ago

I'd love to see this asshat removed from any chance of getting into office. The GOP will replace him with someone just as awful as far as policies and fascist tendencies, but hopefully they'll be less appealing to the general electorate.

Think: DeSADIST. It was funny to watch how people reacted to his performance in that "debate". He's so unpleasant and smarmy, if he were to win the primary, I think he's flame out so hard in the general.

[-] HawlSera@lemm.ee 11 points 1 year ago

Trump is a cult of personality, once he goes, the next guy can be Trump In All But Name, and the fanbois won't care

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[-] Immersive_Matthew@sh.itjust.works 27 points 1 year ago

Sounds like someone similar to Trump does not want to run against him.

[-] Treczoks@lemm.ee 10 points 1 year ago

I think a lot of people would just be happy to see Trump cut out of the race for good. There will be no majority for DeSantis, because the Trump disciples will shun him, cutting down any possible Non-Trump REP candidate.

[-] lingh0e@lemmy.film 17 points 1 year ago

In that scenario I imagine there would be a large number of maga goons who would still write in Trumps name. I can also see people angrily crossing out Bidens name or otherwise defacing their ballot, spoiling their vote.

This next election is going to be an absolute shit show.

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[-] assassin_aragorn@lemmy.world 24 points 1 year ago

Is this the Florida Man redemption arc?

[-] DragonTypeWyvern@literature.cafe 10 points 1 year ago

Seems more like a preemptive strike in an attempt to discredit the claim early in a friendly district.

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[-] fne8w2ah@lemmy.world 20 points 1 year ago

A Florida Man with a functioning brain.

[-] Lon3star@lemmy.world 12 points 1 year ago

Show me... potato salad!

[-] Mamertine@lemmy.world 10 points 1 year ago

Let's say this works and Trump is bad from holding office.

Would Trump consider paying the baton to Don Jr or Eric Trump? Is he capable of giving them that boost?

Then the bigger question is would the Kool aid drinkers accept the different Messiah?

[-] BloodForTheBloodGod@lemmy.ca 14 points 1 year ago

Hah. No. He'd never let someone else shine.

[-] funkless_eck@sh.itjust.works 13 points 1 year ago

Don Jr, although lauded by the right, also doesn't have what Trump has: an unerring ability to devote himself to the most simplistic and repetitive dogma in the face of all evidence and disagreement.

Part of Trumps success is to unwavering believe something, regardless of how misinformed, even when informed. Examples: "I use spray deodorant it didn't affect the climate that day", "I can change the weather report with a sharpie", "windmills cause cancer", "inject bleach to cure covid", "health insurance only costs $20 a month."

It's part of DeSantis' problem too that he couldn't say something like "blueberry jam makes you a better lover in bed and strawberry jam makes democrats have more abortions" and mean it.

[-] relative_iterator@sh.itjust.works 10 points 1 year ago

Wouldn’t he need to be convicted first before this suit has a chance of winning?

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this post was submitted on 26 Aug 2023
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