A Florida lawyer is questioning the legitimacy of former President Donald Trump‘s possible run for presidency in 2024, based on the 14th Amendment of the U.S. Constitution.
What Happened: Lawrence Caplan, a Palm Beach County tax attorney, has filed a challenge in federal court. Caplan’s case rests on the 14th Amendment’s clause that bars individuals who have participated in “insurrection or rebellion” against the government from holding office, The Hill reported.
Caplan maintains in his filing that Trump “engaged in an insurrection” and “gave aid and comfort to others” involved in similar activities, referring to the Capitol attack on Jan. 6. According to Caplan, if the public record is correct, Trump is no longer eligible to run for president.
"This is a scary, scary guy, and if he's president, I think we're all on the way to fascism," he said, adding, "There's no law that says we have to remain a democracy forever."
Why It Matters: The legal challenge is one of the first to question the validity of Trump’s potential 2024 candidacy. Trump is also battling criminal charges at the state and federal level related to his attempts to overturn the results of the 2020 election. Despite these legal issues, Trump remains a key contender in the GOP presidential primary.
Doubts about Trump’s eligibility for the 2024 presidential race have been a topic of discussion in the past. Former Arkansas Governor and Republican presidential candidate Asa Hutchinson had also previously questioned Trump’s eligibility based on the 14th Amendment.
Legal scholars like William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas have suggested that the 14th Amendment could disqualify Trump from holding office again.
Read Next: Former Trump Advisor Predicts Joe Biden Will Skip Presidential Debates
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