Federal Judge Dismisses Case Trying to Keep Trump Off 2024 Ballot

[Doc7505]

Federal Judge Dismisses Case Trying to Keep Trump Off 2024 Ballot​

Federal Judge Dismisses Case Trying to Keep Trump Off 2024 Ballot | The Gateway Pundit | by Cristina Laila

A federal judge on Friday dismissed a lawsuit filed by a Florida lawyer who claimed Trump should be banned from the 2024 ballot for inciting an insurrection.

www.thegatewaypundit.com

1 Sep 2023 ~~ By Cristina Laila

A federal judge on Friday dismissed a lawsuit filed by a Florida lawyer who claimed Trump should be banned from the 2024 ballot for inciting an insurrection.
The legal theory is based on Section 3 of the US Constitution’s 14th Amendment which states public officials who have “engaged in insurrection or rebellion against” the US may be disqualified from public office.
Trump has not been charged with engaging in insurrection or rebellion against the United States.
Judge Robin Rosenberg a US District Judge for the Southern District of Florida ruled the attorney, Lawrence Caplan, lacked standing to bring the lawsuit.


Commentary:
This decision sets the precedent to dismiss any and all attempts to keep Trump off the ballot based on the 14th Amendment. It's a huge loss to Democrats is Florida. Debbie Wasserman was seen in tears vowing revenge against the Obama appointed judge.

But, have no fear Maoist Democrats will shop around in Blue controlled states to find a Soros funded Marxist Judge to agree with them.
The 5th Amendment is where it's at. Trump was tried in congress twice and found not guilty. Now the Maoist Democrats are seeking another bite of the apple, double jeopardy, all the cases involving Trump and January 6th should be tossed.

 

[RhodyPatriot]

No doubt it's a major loss for Democrats.

But it is still disturbing that the only reason they lost was because the Obama appointed judge dismissed the plaintiff's right to standing.

So they can try this shit again.

They'll probably fail, but it's still pretty chilling stuff.

 

[TheProgressivePatriot]

No doubt it's a major loss for Democrats.

But it is still disturbing that the only reason they lost was because the Obama appointed judge dismissed the plaintiff's right to standing.

So they can try this shit again.

They'll probably fail, but it's still pretty chilling stuff.

Your right. It is not over. What is chilling is the possibility of T-Rump ever stepping foot into te Oval Office again

Trump May Need Supreme Court To Say His Coup Attempt Does Not Violate Constitution

The 14th Amendment bans insurrectionists from seeking office, and the question of whether Trump can even be on the ballot is likely headed to the high court.

www.huffpost.com

 

[Blaster]

Your right. It is not over. What is chilling is the possibility of T-Rump ever stepping foot into the Oval Office again

I'd pop a champagne cork.

 

[excalibur]

... the possibility of T-Rump ever stepping foot into te Oval Office again

And other than J6 (a fedboi op) you really have nothing to point to for your sheer hatred of the man.

 

[WorldWatcher]

Commentary:
This decision sets the precedent to dismiss any and all attempts to keep Trump off the ballot based on the 14th Amendment.

First of all trying to keep P01135809 of the ballot via Section 3 of the 14th is a stretch that I don't think will succeed.

With that said, however your belief that this decision "sets the precedent to dismiss any and all attempts to keep him off the ballot..." is incorrect.

#1 Judge Rosenberg dismissed the case because the plaintiff (one Lawrence Caplan, a tax attorney in Palm Beach County FL) and had no standing to make the claim. The case was dismissed for standing and therefore does not set a precedent on the merits. A different case brought by someone with standing could bring the such a case to court.

#2 A District Court Decision never "set's precedence" for other courts. Judge Rosenberg is in the Federal Southern District of Florida, his decision does not "set precedence" for other District Courts around the country. In other words his decision is not binding on say a Federal Judge in Nevada.

#3 The courts that "set precedence" are the Federal Circuit Courts of Appeals and their "precedence" is only binding within their circuit. Then of course you have precedence which is based on a SCOTUS ruling for all the Circuit Courts of Appeals. As a matter of fact that is one way that cases make it before the SCOTUS, two different District/Circuits rule differently on similar cases and the SCOTUS must decide which was correct.
.
.
.
For this to actually go before the courts, it would take "standing". The easiest way I can see that is that State Election Officials decide that A14S3 applies and bars P01135809 from the ballot. Then P01135809 would have standing to sue the election officials to get on the ballot.

Hope that helps.

WW

 

[WorldWatcher]

First of all trying to keep P01135809 of the ballot via Section 3 of the 14th is a stretch that I don't think will succeed.

With that said, however your belief that this decision "sets the precedent to dismiss any and all attempts to keep him off the ballot..." is incorrect.

#1 Judge Rosenberg dismissed the case because the plaintiff (one Lawrence Caplan, a tax attorney in Palm Beach County FL) and had no standing to make the claim. The case was dismissed for standing and therefore does not set a precedent on the merits. A different case brought by someone with standing could bring the such a case to court.

#2 A District Court Decision never "set's precedence" for other courts. Judge Rosenberg is in the Federal Southern District of Florida, his decision does not "set precedence" for other District Courts around the country. In other words his decision is not binding on say a Federal Judge in Nevada.

#3 The courts that "set precedence" are the Federal Circuit Courts of Appeals and their "precedence" is only binding within their circuit. Then of course you have precedence which is based on a SCOTUS ruling for all the Circuit Courts of Appeals. As a matter of fact that is one way that cases make it before the SCOTUS, two different District/Circuits rule differently on similar cases and the SCOTUS must decide which was correct.
.
.
.
For this to actually go before the courts, it would take "standing". The easiest way I can see that is that State Election Officials decide that A14S3 applies and bars P01135809 from the ballot. Then P01135809 would have standing to sue the election officials to get on the ballot.

Hope that helps.

WW

Doc, you said this is fake news.

So what's fake?

Was the case dismissed on the merits or for standing?

If not dismissed on the merits, how does that set a precedent for a case based on the merits?

WW

 

[RhodyPatriot]

I'd pop a champagne cork.

I'd pop several.

 

[Billiejeens]

No doubt it's a major loss for Democrats.

But it is still disturbing that the only reason they lost was because the Obama appointed judge dismissed the plaintiff's right to standing.

So they can try this shit again.

They'll probably fail, but it's still pretty chilling stuff.

I thought for sure they had him this time.

 

[Billiejeens]

Your right. It is not over. What is chilling is the possibility of T-Rump ever stepping foot into te Oval Office again

Trump May Need Supreme Court To Say His Coup Attempt Does Not Violate Constitution

The 14th Amendment bans insurrectionists from seeking office, and the question of whether Trump can even be on the ballot is likely headed to the high court.

www.huffpost.com

Only chilling for those who hate The USA.

 

[Billiejeens]

And other than J6 (a fedboi op) you really have nothing to point to for your sheer hatred of the man.

I do wish that someone could explain it using actual real world facts.

 

[SeaMajor7]

Doc, you said this is fake news.

So what's fake?

Was the case dismissed on the merits or for standing?

If not dismissed on the merits, how does that set a precedent for a case based on the merits?

WW

A lot of parrots have been squawking "no standing".
Funny how there's "no standing" in unprecedented circumstances....

 

[Billiejeens]

Doc, you said this is fake news.

So what's fake?

Was the case dismissed on the merits or for standing?

If not dismissed on the merits, how does that set a precedent for a case based on the merits?

WW

There are no merits.
Catch on?

 

[TheProgressivePatriot]

Only chilling for those who hate The USA.

Conspiracy to defraud the United States of America

 

[TheProgressivePatriot]

I do wish that someone could explain it using actual real world facts.

Read the fucking indictments

 

[Billiejeens]

Conspiracy to defraud the United States of America

Made up
Real world stuff.

 

[TheProgressivePatriot]

Made up
Real world stuff.

Right kid, we know...Every one of the 91 criminal counts was made up – totally fabricated my Marxists prosecutors and rubber stamped by liberal Trump hating judges. All of the supporting evidence including documents, emails, video and audio recording were manufactured by the FBI in collaboration with the Biden Campaign and the corrupt DOJ. All of the hundreds of witnesses were paid to lie by George Soros, and the Grand Jurors were bribed by Hunter Biden using ill-gotten funds from his crooked Ukranian cohorts. All the while Trumps quest for the White House is totally selfless to save America and the world from WW lll Did I miss anything?

 

[Billiejeens]

Right kid, we know...Every one of the 91 criminal counts was made up – totally fabricated my Marxists prosecutors and rubber stamped by liberal Trump hating judges. All of the supporting evidence including documents, emails, video and audio recording were manufactured by the FBI in collaboration with the Biden Campaign and the corrupt DOJ. All of the hundreds of witnesses were paid to lie by George Soros, and the Grand Jurors were bribed by Hunter Biden using ill-gotten funds from his crooked Ukranian cohorts. All the while Trumps quest for the White House is totally selfless to save America and the world from WW lll Did I miss anything?

See if you can answer this -
Why did you all hate him from the start of his presidency?

 

[jasonnfree]

See if you can answer this -
Why did you all hate him from the start of his presidency?

I voted for trump. Didn't take long for me to see what a piece of shit he was. Notice he doesn't do anything for anybody but him self? He could easily help Giuliani out of his money problems but of course he won't.

 

[Remodeling Maidiac]

Doc, you said this is fake news.

So what's fake?

Was the case dismissed on the merits or for standing?

If not dismissed on the merits, how does that set a precedent for a case based on the merits?

WW

You are correct.