Challenging the Constitutionality of Donald Trump’s Presidential Campaign: A Lawsuit for Review

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A legal watchdog has filed a lawsuit to remove Donald Trump from the Republican primary ballot in 2024, arguing that he violated the US Constitution on January 6, 2021, thereby disqualifying himself from public office.

This lawsuit presents an intriguing legal argument that could have significant implications in the 2024 presidential election. Despite facing 91 criminal charges across four separate cases, Trump remains the frontrunner among Republicans seeking the party’s nomination for the White House.

Citizens for Responsibility and Ethics in Washington (Crew), on behalf of six voters in Colorado, filed the lawsuit on Wednesday, citing section 3 of the 14th amendment to the US Constitution. This section prohibits individuals who engaged in insurrection or rebellion against the US Constitution from holding federal or state office. Crew argues that Trump’s involvement in the January 6 attack on the US Capitol renders him ineligible for another term in the White House.

Crew’s lawsuit in Colorado is not the first to cite the 14th amendment as a basis for removing Trump from the ballot. However, it opens the door for similar cases to be filed in other states, potentially leading to conflicting decisions that may ultimately be settled by the Supreme Court.

During the recent Republican presidential debate in Milwaukee, former Arkansas governor Asa Hutchinson highlighted the 14th amendment argument, mentioning that “conservative legal scholars” believe Trump may be disqualified from running based on the Constitution. This refers to a paper published in the University of Pennsylvania Law Review by two conservative law professors.

While the theory remains largely untested in the courts, it does have its critics. Brad Raffensperger, the Republican secretary of state in Georgia, publicly rejected the 14th amendment argument, calling it an attempt to undermine the ballot box.

Trump has consistently claimed to be the victim of a political “witch hunt” and argues that he is being unfairly targeted as Biden’s chief political opponent. In an interview with conservative talk radio host Hugh Hewitt, Trump accused Democratic prosecutors of trying to keep him out of the race.

The White House has largely refrained from commenting on Trump’s legal troubles. However, vice-president Kamala Harris broke from President Biden by stating that Trump should be held accountable for his actions on January 6.

When asked about Harris’s comments, White House press secretary Karine Jean-Pierre affirmed her belief in the legal system and stated that people should be held accountable when they break the law.

Two of Trump’s criminal trials are a result of federal investigations led by special counsel Jack Smith. One case involves Trump’s handling of classified documents at his Mar-a-Lago resort, among other locations.

In a recent court filing, it was revealed that an IT worker at Mar-a-Lago has reached a deal with the special counsel’s office. The worker will testify in the classified documents case in exchange for not being prosecuted.

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