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Justices to Decide Whether to Take the Trump 14th Amendment Case

The U.S. Supreme Court justices will decide whether to take the case of John Castro v. Donald Trump at their September 26 conference, and a decision as to whether to take the case will be made by Saturday, October 9.  

Donald Trump speaking at the 2013 Conservative Political Action Conference (CPAC) in National Harbor, Maryland. By Gage Skidmore.

The U.S. Supreme Court justices will decide whether to take the case of John Castro v. Donald Trump at their September 26 conference, and a decision as to whether to take the case will be made by Saturday, October 9.  

Castro, a Texas tax attorney, claims that Trump participated in an insurrection against the U.S. government by organizing his rally against certification of the 2020 election on Jan. 6, 2021. He is a declared candidate for the Republican nomination and has previously run for various offices. Castro ran for his first race in 2004 as a Democrat. He is currently running as a write-in candidate.

Castro’s initial suit was tossed in June by Federal District Judge Aileen Cannon, the judge overseeing Trump’s classified documents case, due to lack of standing.

Castro Asks for Second Chance

“The decision by the United States District Court for the Southern District of Florida dismissing Petitioner John Anthony Castro’s civil action on the grounds that he lacks constitutional standing to sue another candidate who is allegedly unqualified to hold public office in the United States pursuant to Section 3 of the 14th Amendment to the United States Constitution,” Castro wrote in his Writ of Certiorari to the U.S. Supreme Court.

Castro claims that Trump’s appearing on the ballot injures his ability to obtain small donations for his GOP campaign for president.

“Petitioner Castro is an FEC-registered Republican presidential candidate actively pursuing the nomination of the Republican Party to pursue the Office of the Presidency of the United States. Respondent Trump is an FEC-registered Republican presidential candidate actively pursuing the nomination of the Republican Party to pursue the Office of the Presidency of the United States. Respondent Trump is causing a political competitive injury upon Petitioner Castro in the form of diminution of potential votes, political support, and political campaign contributions,” Castro’s writ stated.

Federal Election Commission records show that Castro has fundraised $0 and personally gave his presidential campaign a $20 million donation in March. So far Castro has raised no other donations to his campaign.

Castro Seeks to End Trump’s Political Career

His goal in filing the suit is to “display his executive leadership by single-handedly ending Trump’s political career,” according to his Supreme Court brief.

Castro claims that Trump waited 187 minutes to tell the rioters who stormed the Capitol to leave despite the fact that the former president repeatedly tweeted for calm within the first hour of the riot. His original suit claimed that Trump incited an “insurrection” by saying his followers should “Fight like hell,” which likely was a figurative reference considering that he talked about “peacefully” walking to the Capitol. He also claims that Trump gave aid and comfort to insurrectionists when he told those who showed up for his rally and those at the Capitol that they were “very special.” Castro’s additional claim that Trump is a supporter of an insurrection is based on Trump’s promise that he would pardon prosecuted January 6 rioters.

If offering pardons for January 6 rioters makes Donald Trump an “insurrectionist” then what did Andrew Johnson’s Dec. 25, 1868 pardon of ex-Confederate soldiers make him, and those individuals were guilty of insurrection?

Castro on the Path Against Trump Since 2022

Castro has been attempting to disqualify Trump from running for another term since February 2022, based on his Facebook page. He filed complaints with the Federal Election Commission,

“Tomorrow’s federal lawsuit against the FEC and Trump is just the beginning. I will not rest until Trump is banned from public office under Section 3 of the 14th Amendment along with every federal, state, and local public official that expressed support for the January 6 Insurrection. #StormIsComing #IAmTheStorm,” Castro wrote in a Feb. 10, 2022 Facebook post.

Castro accused Trump of treason on his Facebook page in February 2022, writing, “The Ukraine Crisis is the making of multiple presidencies, including Trump. No doubt Obama failed to respond to Russia’s 2014 invasion of Crimea. But Trump had 4 years to do something and instead did nothing. Now he’s calling Putin a ‘genius’ and rooting for him?! TREASON,” Castro wrote in a Feb. 23, 2022 Facebook post.

Trump Dismisses 14th Amendment Suits on Truth Social

“Almost all legal scholars have voiced opinions that the 14th Amendment has no legal basis or standing relative to the upcoming 2024 Presidential Election,” Trump wrote on Truth Social. “Like Election Interference, it is just another ‘trick’ being used by the Radical Left Communists, Marxists, and Fascists, to again steal an Election that their candidate, the WORST, MOST INCOMPETENT, & MOST CORRUPT President in U.S. history, is incapable of winning in a Free and Fair Election. MAKE AMERICA GREAT AGAIN!”

Former Harvard Law Professor Alan Dershowitz noted that no formal mechanism exists to determine that a President of the United States of America participated in an “insurrection” in a recent newsletter.

John Rossomando is a defense and counterterrorism analyst and served as Senior Analyst for Counterterrorism at The Investigative Project on Terrorism for eight years. His work has been featured in numerous publications such as The American Thinker, The National Interest, National Review Online, Daily Wire, Red Alert Politics, CNSNews.com, The Daily Caller, Human Events, Newsmax, The American Spectator, TownHall.com, and Crisis Magazine. He also served as senior managing editor of The Bulletin, a 100,000-circulation daily newspaper in Philadelphia, and received the Pennsylvania Associated Press Managing Editors first-place award for his reporting.

Written By

John Rossomando is a senior analyst for Defense Policy and served as Senior Analyst for Counterterrorism at The Investigative Project on Terrorism for eight years. His work has been featured in numerous publications such as The American Thinker, Daily Wire, Red Alert Politics, CNSNews.com, The Daily Caller, Human Events, Newsmax, The American Spectator, TownHall.com, and Crisis Magazine. He also served as senior managing editor of The Bulletin, a 100,000-circulation daily newspaper in Philadelphia, and received the Pennsylvania Associated Press Managing Editors first-place award in 2008 for his reporting.

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