Trump's Lawyers Move Insurrection Clause Lawsuit to Federal Court
September 09, 2023Daily Atlas Staff
Former President Donald Trump’s lawyers have moved a lawsuit aimed at barring him from running for president again to federal court. The lawsuit, filed in Colorado state court, alleges that Trump violated the 14th Amendment’s Insurrection Clause by inciting the January 6th attack on the Capitol.
The Insurrection Clause states that “no person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
Trump’s lawyers argue that he cannot be barred from running for president because he has not been convicted of a crime. They also argue that the Insurrection Clause does not apply to former presidents.
The lawsuit is unlikely to succeed. The Supreme Court has never ruled on whether the Insurrection Clause applies to former presidents. And even if the Court does rule that it does apply, it is unlikely to bar Trump from running for president.
However, the lawsuit is a sign of the growing legal challenges facing Trump. He is also facing criminal investigations in New York and Georgia. And he is facing a number of civil lawsuits, including one filed by the January 6th Select Committee.
Despite the legal challenges, Trump remains a popular figure among Republicans. He is widely seen as the frontrunner for the Republican nomination in 2024.
Is Trump unstoppable?
It is too early to say whether Trump will be able to run for president again. But he is certainly a formidable opponent. He has a large and loyal following, and he is a master of political messaging.
The Democrats will need to do everything they can to stop Trump from winning in 2024. They will need to nominate a strong candidate who can appeal to independent voters. And they will need to unite the party behind that candidate.
The 2024 election is shaping up to be a historic one. It will be a referendum on Trump’s presidency and on the direction of the country. The stakes could not be higher.
Trump’s lawyers are moving the lawsuit to federal court in an attempt to get a more favorable ruling. However, the lawsuit is unlikely to succeed, and Trump remains a formidable opponent for the Democrats in 2024.