A federal judge has dismissed a suit brought by a Florida tax attorney attempting to disqualify former President Donald Trump from running for reelection on the basis of fomenting an insurrection in 2020.
Judge Robin L. Rosenberg, an Obama appointee, said the lawyer did not have a specific legal injury to bring the federal lawsuit over claims concerning the 14th Amendment’s bar on individuals who led an insurrection from holding office.
“Plaintiffs lack standing to challenge defendant’s qualifications for seeking the presidency, as the injuries alleged are not cognizable and not particular to them,” the judge wrote.
Lawrence Caplan of Boynton Beach argued 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 noted Georgia prosecutors have 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.
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.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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