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

  • Chickenstalker@lemmy.world
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    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
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      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.

    • sheilzy@lemmy.world
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      1 year ago

      For real. I’m really jealous that the courts in Brazil have already banned Bolsanaro from running for office for the next 10 years and Pakistan’s parliament ousted Khan for being ungenerous to the Ukraine conflict and then later the police arrested him for bribery. Those are supposedly developing countries but they are doing a better job of controlling their tyrannical despots than we are. Fortunately, like I keep saying, Trump has too much work cut out for him to effectively campaign with so many charges. He’s been in the lead, but I don’t know if he can stay that way.

    • kristoff@infosec.pub
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      1 year ago

      or a one-way trip from a window on the 10th storey of a building all the way down to the ground.

    • Treczoks@lemm.ee
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      1 year ago

      Not all countries are barbaric. Some just offer a long term stay in federal hospitality.