The MeidasTouch Podcast - Powerful Federal Lawsuit to DISQUALIFY Trump filed in Florida

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Starting point is 00:00:39 Or turn folding laundry into a comedy show. Make the most out of your time with the PC Insider's World Elite MasterCard, a credit card that can get you unlimited free grocery delivery and the most PC optimum points on everyday purchases. The PC Insider's World Elite MasterCard, the card for living unlimited. Conditions apply to all benefits. Visit pcfinancial.ca for details. I'm Ben Micellis from the Midas Touch Network. You know, we've talked about the 14th Amendment Section 3 and its ability to disqualify Donald

Starting point is 00:01:10 Trump and anyone seeking to hold political office who was involved in an insurrection. We did a whole video where we broke it down. We spoke about the law review article that was written by William Bowd and Michael Stokes Paulson, two originalist federalist society professors who would normally almost always be siding with kind of right wing doctrinal stuff. But here they're saying, look, it's clear to them that under the 14th Amendment, Section 3, Donald Trump's already disqualified. He's done. That people don't even need to file anything. It's up to the secretaries of state and individual states just to not include him because he was involved in an insurrection. So the fact that we have kind of a unanimous opinion by both originalist, so-called originalist

Starting point is 00:02:08 Federalist Society scholars and people like retired Court of Appeals Judge Michael Luddig, who's considered like the godfather of quote unquote conservative judges. And then you got people like Lawrence Tribe, on the other hand, who also agree with the disqualification, who's considered like a liberal constitutional scholar, although I think that these labels are a bit outdated. But the point is, is that kind of every serious legal scholar believes as of this exact moment, Donald Trump's disqualified from running. Go back.

Starting point is 00:02:42 We did a whole video on this. I won't belabor the point here. Suffice to say, people are taking action now, and that's very, very, very important. So a lawyer in Florida has now filed a challenge to disqualify Donald Trump from the 2024 race, citing the 14th Amendment. A tax attorney from Palm Beach by the name of Lawrence Kaplan filed a challenge in federal court this past week, pointing out the 14th Amendment Section 3, which prohibits anyone from running for office who has engaged in insurrection or rebellion against the government. States that they cannot hold office. And Kaplan basically said, hey, someone's had to take the lead here. Someone had to take action. So he took action. This is a scary, scary guy. And if he's president, I think

Starting point is 00:03:32 we are on our way to fascism, Kaplan said. Quote, there's no law that says we have to remain a democracy forever. Let's take a look at the filing made by Kaplan, but here's an important point that I will make. Kaplan's taking the initiative here, but if you go by what the constitutional scholars are saying from Federalist Society, other, everybody's saying he didn't even have to file this document. It's filed in federal court in the United States District Court for the Southern District of Florida because it should already be enforced just by the nature of the fact that Trump engaged in insurrection. And then the way the constitutional scholars see it, it would be justiciable in the sense that Donald Trump could then challenge his removal from being on any of the ballots come November 2024. But there isn't a finding that's needed by the court. But nonetheless, Lawrence Kaplan's like, I'm going to file something because if I don't file it in Florida,

Starting point is 00:04:41 certainly anyone who's under the DeSantis regime is not going to file anything. So here's the disqualification filing by Lawrence Kaplan. Got to give him credit. It's Kaplan versus Donald Trump. Just file it in federal court. Complaint and request for declaratory relief. Petitioner now comes before this honorable court seeking declaratory relief on this specific issue of whether Donald Trump is indeed constitutionally prohibited from seeking a second term as president of the United States. Encompassed within this request for declaratory relief is a further determination as to whether candidate Trump is indeed even eligible to participate in the upcoming Florida Republican Party primary scheduled for next spring in 2024.

Starting point is 00:05:26 In bringing this request for declaratory relief, Petitioner has carefully studied the specific provisions of the United States Constitution, which govern whether an individual who participates in overt rebellion and or insurrection against the United States government is effectively disqualified from service in the federal government, whether as a representative, U.S. Senator, Vice President, or President of the United States government is effectively disqualified from service in the federal government, whether as a representative, U.S. senator, vice president, or president of the United States. For purposes of standing, Petitioner asserts that he had actively participated in the last 12 presidential elections dating back to 1976 when he cast his first vote at the age of 18. It should be noted that in the course of these 12 presidential elections, Petitioner has cast his first vote at the age of 18. It should be noted that in the course of these 12 presidential elections, Petitioner has cast his vote for both Democratic and Republican tickets and was

Starting point is 00:06:10 registered independent for many years. Petitioner is a legal resident of the state of Florida, a U.S. citizen by birth. Petitioner has also been a member of the Florida Bar since 1984, the State Bar of California since 1985, the Oregon State Bar since 1997 and is currently a member of the U.S. Tax Court, the U.S. District Court for the Southern District of Florida, the 11th Circuit Court of Appeals, and the United States Supreme Court. Petitioner has never been sanctioned or suspended by any court. I'm a lawyer of good standing. I'm both basically lawyer of good standing. I am allowed to a lawyer of good standing. I am allowed to be heard before multiple courts, including the United States Supreme Court. I'm not Democrat,

Starting point is 00:06:53 Republican. I'm independent. I've voted both sides, dating all the way back since I was 18 years old when I was first able to vote, and I think that this is a very dangerous person, and I've carefully studied the United States Constitution. That's why he is putting this out. And he goes, look, the facts of this case are undeniably very simple. Donald Trump served as the 45th president of the United States, having won the election in 2016, was inaugurated in 2017. He served for four years until he lost the 2020 presidential election to Biden, who took office on January 20th, 2021.

Starting point is 00:07:32 Trump chose not to appear at that inauguration of his successor, having left for his estate in South Florida while the ceremony was taking place. On January 6th, 2021, after giving a speech to a throng on the Ellipse near the Capitol, Trump exhorted the throng to march to the Capitol and told them that he would be right there with him. After he was finished with his speech, Trump returned to the White House and watched later events unfold on television. As we are all aware, the throng marched to the Capitol, forced their way into the Capitol building, ransacked the Rotunda area, and even made their way into several offices of representatives and senators. As the confirmation of the results of the election were being undertaken in the House, alarms went off and the members scurried into safe tunnels and secure rooms in the basement of the Capitol. Of note, Vice President Mike Pence missed being reached by some of the throng by a matter of

Starting point is 00:08:28 seconds as he made his way down the stairwell to a secure area. Eventually, several high-ranking members of the government were shuttled to a safe area at Fort McNair in Southwest Washington. One's willpower and productivity can in turn transform your life habits for the better from workouts to job performance to life goals. Look throughout the course of the workday. We here at the Midas Touch Network, we are tasked with a ton of different assignments in order to ensure that we're keeping you informed. That's why we're so proud to partner with Neurohacker Qualia Mind. Now our sponsor Neurohacker, they combine 28 of the most research-backed nootropic ingredients on earth into the ultimate

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Starting point is 00:09:45 for yourself. See what the best brain fuel formula on earth can do for your mindset. Go to neurohacker.com slash Midas for 75% off. That's only $39 a bottle. And as a listener of the Midas Touch podcast, use code Midas at checkout for an extra 15% off your first purchase. That's neurohacker.com slash MIDAS to try QualiaMind with code MIDAS to experience life-changing mental performance. Of note, President Trump had sent out a tweet the day before claiming that January 6th will be wild. Trump also later remarked that the insurrectionists who had breached the Capitol

Starting point is 00:10:25 were special and that we love you. He also later remarked that had Vice President Pence simply done his job and refused to certify the results of the election, that everything would have been fine. Not for several hours where the National Guard called in to quell the insurrection, as allegedly President Trump refused to do so and had been mesmerized by the events that were taking place. This is some well-worded stuff right here. Mesmerized by the events taking place on his television at the White House. Since the events of January 6th, hundreds of insurrectionists have been charged and tried and convicted on charges ranging from simple mischief to assault and

Starting point is 00:11:05 battery upon a Capitol Police officer. A number of individuals actually lost their lives that day as a result of the mayhem. Recently, the special counsel Jack Smith, who had been appointed by the U.S. Attorney General, submitted his findings on the events of January 6th and impaneled grand jury in D.C., which returned indictments against Donald Trump for, among other things, insurrection against the US federal government. Trump was arraigned on these charges and now awaits trial sometime in 2024 or perhaps 2025. Let's make it 2024. It should be noted, at least cursorily, that Trump has also been formally indicted on charges of holding top secret documents at his home in Palm Beach, Florida, which is a federal offense, and has also been indicted by the city

Starting point is 00:11:51 of Manhattan and the state of Georgia for other election-related crimes. However, none of these crimes have the effect of preventing Trump from seeking re-election in November 2024. Then it says, the law on the matter of inciting insurrection against the federal government goes over the 14th Amendment of the United States Constitution, ratified in the shadow of the Civil War, designed to represent a new birth of freedom for previously disenfranchised citizens. Of particular note, Section 3 of the 14th Amendment automatically excludes from future office and position of power in the U.S. government, as well as from any office and position of power in the sovereign states and their many subdivisions, any individual who has previously taken an oath to support and

Starting point is 00:12:35 defend the Constitution, after which acts as to rebel against the charter, either via overt insurrection or by giving aid or comfort to our Constitution's enemies. And carefully analyzing the language embedded in the Constitution, numerous legal scholars have weighed in and wrangled with the preeminent issue of whether an actual conviction is necessary to trigger the prohibition of running for office. The so-called disqualification clause has been determined to operate completely independently of any pending criminal proceeding and also independent of any impeachment proceeding or congressional legislation. Former federal judge Michael Luttig of the U.S. Court of Appeals

Starting point is 00:13:16 for the Fourth Circuit and noted legal scholar Lawrence Tribe have both come to the inescapable conclusion that the disqualification clause was designed to operate directly and immediately upon certain individuals who betray their oaths to the United States Constitution, whether by taking arms to overturn the government or by waging war on our federal government by attempting to overturn the results of an election through a bloodless coup. Trump's efforts, both in Washington as well as in Georgia and perhaps other states, as well as the consequential assault on the Capitol, put Trump at the center of the disqualification clause and as a result of which make him ineligible to ever serve in federal

Starting point is 00:13:55 office again. Now, given that the facts seem to be crystal clear that Trump was involved to some extent in the insurrection that took place on January 6th, the sole remaining question is whether American jurists who swear an oath to uphold the U.S. Constitution upon the entry to the bench will choose to follow the letter of the Constitution in this case. Basically saying, come on, judge, it's in your court now, literally. Of particular note in this regard is that during his one term in office, Trump had the opportunity to appoint three new Supreme Court justices to the high court. Each of these three jurists, Gorsuch, Kavanaugh, and Amy Coney Barrett, are viewed as conservative jurists who

Starting point is 00:14:35 err on the side of strict construction of the U.S. Constitution. In their decisions to overturn the longstanding case law of Roe v. Wade, the justices found there was no right of privacy imbued in the Constitution and none could be fashioned out of whole cloth. Rather, the most difficult decision that the court is forced to make, such as whether a woman has the inherent right to abort her own unborn child, is one that must be decided by looking at a very strict construction of the Constitution as our founding fathers sought to provide. He's saying that's what the Supreme Court justices said. Interestingly enough, Section 3 of the 14th Amendment, which provides for disqualification of an individual who commits insurrection against our government, has remained on the books for some 150 plus years without ever

Starting point is 00:15:20 facing questions as to its legitimacy. While one can certainly argue that it has not been thoroughly tested, the fact is only because we have not faced an insurrection against our federal government such as the one we faced on January 6, 2021. It should also be noted that Trump has since made statements to the effect that should he be elected, he would advocate for the total elimination of the United States Constitution and the creation of a new charter more in line with his personal values. The 14th Amendment was promulgated and subsequently ratified in the context of post-Civil War America, when even after losing the Civil War, Southern states were sending men to Congress who had held

Starting point is 00:16:03 prominent roles in the Confederacy and supported acts of insurrection against the U.S. Any number of top legal scholars, including but not limited to Judge Ludding and Lawrence Tribe, conclude that Section 3 requires absolutely no legislation, criminal conviction, or other judicial action to enforce its command. In legal terms, it is absolutely self-executing. They conclude that disqualification subject to Section 3 does not constitute punishment or deprivation of any liberty or right, as much as one who fails to satisfy the Constitution's other requirements. Taken along these same lines, had it been conclusively proven that Barack Obama had not been born in Hawaii, but rather outside the U.S., the Constitution would been conclusively proven that Barack Obama had not been born in Hawaii, but rather

Starting point is 00:16:45 outside the U.S., the Constitution would have conclusively barred him from seeking the presidency, and Petitioner is convinced there would have been no wiggle room to allow him to escape this constitutional requirement. Furthermore, had Trump merely been thought by many individuals to have engaged in insurrection against the government. That would not have sufficed to trigger Section 3 of the 14th Amendment. However, the mere fact that he has been formally indicted for various felonies, including insurrection against the federal government mandates that Section 3 of the 14th Amendment be triggered. The bottom line here is that Trump both engaged in an insurrection and also gave aid and comfort to other individuals who are engaging in such actions within the clear meaning of the terms as defined in Section

Starting point is 00:17:29 3 of the 14th Amendment. As such, this court, having the innate power to rule as to the tenets of the U.S. Constitution, is abjectly required to find that Donald Trump's action with respect to January 6th uprising and specifically the fact that he has been indicted for said acts have effectively disqualified him from seeking the office. While Petitioner fully understands that his seeking this declaratory judgment places great pressure on the jurist who will be tasked with hearing this case, we believe that the law is abundantly clear as to the issues at bar and that if the jurists are ready to follow the

Starting point is 00:18:06 specific language to the United States Constitution in this regard, the decision should be a relatively easy one. Wherefore, petitioner respectively asked this honorable court to enter a declaratory judgment such that Donald Trump is barred from seeking the office of the President of the United States and further is barred from participating in the Republican presidential primary in Florida in the spring of 2024. Respectfully submitted Lawrence Kaplan of his own firm, Lawrence Kaplan, PA. Right there, folks, lays it out in clear terms. This was very well worded. That's why I wanted to read the whole thing here, but lays it out there. And I'm glad that he had the courage to do it. And I hope that others across the country have the courage to file similar things. And

Starting point is 00:18:50 as he foreshadows, this will go before the United States Supreme Court. Make the United States Supreme Court rule on it. Put the United States Supreme Court on notice on record. Don't let them wiggle out of it. These people claim to be originalists. Well, here it is. This is what the Constitution says. I'm Ben Mycelis from the Midas Touch Network. Go to MidasTouch.com for all the latest breaking news and MidasTouch.com. Have a great day and subscribe to our YouTube channel. We're on our way to 2 million subscribers. Mighty. Love this report? Continue the conversation by following us on Instagram, at Midas Touch, to keep up with the most important news of the day. What are you waiting for? Follow us now.

The MeidasTouch Podcast - Powerful Federal Lawsuit to DISQUALIFY Trump filed in Florida

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