Florida lawyer says Trump can't run for president because of the 14th Amendment, files challenge
Trump is no longer eligible to seek the office of the President of the United States, or of any other state of the Union," Caplan wrote in the filing.
Florida lawyer Lawrence Caplan filed a challenge in federal court earlier this week, arguing that former President Donald Trump cannot run for president because of the 14th Amendment.
Caplan pointed to a clause in the amendment that says those who “have engaged in insurrection or rebellion” against the government cannot hold office.
“The bottom line here is that President Trump both engaged in an insurrection and also gave aid and comfort to other individuals who were engaging in such actions, within the clear meaning of those terms as defined in Section Three of the 14th Amendment,” Caplan wrote in the filing, citing the Jan. 6, 2021, Capitol riot, according to The Hill.
“Assuming that the public record to date is accurate, and we have no evidence to the contrary, Trump is no longer eligible to seek the office of the President of the United States, or of any other state of the Union," he continued.
Harvard Law School Professor Emeritus Alan Dershowitz has raised doubts about the notion that Trump can't run because of the 14th Amendment, saying it's a "grave danger" to the Constitution.
"It would put the decision about who the President is in the hands of local Secretaries of State and Democratic governors, instead of in the hands of the people," Dershowitz said in an interview on the "Just the News, No Noise" TV show.
As of now, Trump is still the frontrunner by far for the GOP nomination for president, based on current polling.