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USJudiciary



FEDERAL JUDGE DISMISSES TRUMP BALLOT DISQUALIFICATION CASE ‘WITH PREJUDICE’

A California judge ruled against a plaintiff that attempted to bar the former
president from appearing on the ballot.
Former President Donald Trump (C) prepares to testify during his trial in New
York State Supreme Court in New York City on Nov. 6, 2023. (David Dee
Delgado/Getty Images)
By Jack Phillips
1/4/2024
Updated:
1/5/2024

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A federal judge in California on Jan. 3 dismissed a lawsuit that sought to keep
former President Donald Trump off the 2024 Republican primary ballot in that
state.

District Judge David Carter granted a motion to dismiss the lawsuit “with
prejudice,” which means that it can’t be submitted to the same court again,
according to court papers.

A plaintiff attempted to argue that they suffered “emotional injury” as a result
of the breach of the U.S. Capitol on Jan. 6, 2021, while watching the events
unfold on television, on the radio, and in various publications. They then
argued that the incident caused them “severe emotional distress” and then filed
a lawsuit to keep the former president off California’s ballot.

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However, the judge wrote that because the events occurred “more than two years
before the plaintiff” filed suit, it was outside of the two-year statute of
limitations.

The decision by Judge Carter, a Clinton-appointed jurist who has ruled against
President Trump in a separate case, was posted online by former Republican
National Committee for California Chair Harmeet Dhillon.
“The remnants of the last California case to keep President Trump off the ballot
here were dismissed today by Judge David O. Carter!!” she wrote on X, formerly
known as Twitter, on Jan. 3.
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In recent days and weeks, a number of lawsuits have been filed in different
states seeking to bar President Trump from appearing on the ballot ahead of the
2024 election. Those suits have claimed that the former president engaged in
“insurrection or rebellion” against the United States under an interpretation of
the Constitution’s 14th Amendment’s Section 3, which was written in the
immediate aftermath of the U.S. Civil War.

At least two of those challenges have seen some success in Maine and Colorado,
although there has been widespread speculation that higher courts or even the
U.S. Supreme Court will strike those rulings down.

Days before Christmas, Colorado’s highest court ruled to keep the former
president off the primary ballot in the state, which was promptly appealed to
the Supreme Court. Last week, Maine Secretary of State Shenna Bellows, a
Democrat, unilaterally decided to keep President Trump off the ballot, which
also has been appealed.



Ahead of the Supreme Court appeal, Trump campaign spokesman Steven Cheung said
that “unsurprisingly, the all-Democrat-appointed Colorado Supreme Court has
ruled against President Trump, supporting a Soros-funded, left-wing group’s
scheme to interfere in an election on behalf of Crooked Joe Biden by removing
President Trump’s name from the ballot and eliminating the rights of Colorado
voters to vote for the candidate of their choice.”

Legal analysts have suggested that the U.S. Supreme Court would take up those
two cases and likely would rule against the plaintiffs at least on procedural
grounds. However, it isn’t clear whether the court will take up the more thorny
questions presented under the 14th Amendment’s insurrection clause.

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“It seems a certainty that SCOTUS will have to address the merits sooner or
later,” Rick Hasen, a law professor at the University of California–Los Angeles,
wrote on his website last month, referring to the Supreme Court.


OTHER ATTEMPTS

California Secretary of State Shirley Weber had included the former president on
the state’s primary ballot list alongside other GOP presidential challengers
such as former U.N. Ambassador Nikki Haley and Florida Gov. Ron DeSantis.
Democrat Lt. Gov. Eleni Kounalakis had suggested that officials evaluate whether
the former president is eligible to run in California.

“I urge you to explore every legal option to remove former President Donald
Trump from California’s 2024 presidential primary ballot,” Ms. Kounalakis wrote
on Dec. 20. “The constitution is clear: you must be 35 years old and not be an
insurrectionist.”

However, her letter drew pushback from California Gov. Gavin Newsom, also a
Democrat, who chided President Trump but described the challenges as a
“political distraction.”

California Lt. Gov. Eleni Kounalakis speaks to the Labor Caucus at the
California Democratic Party state endorsing convention in Sacramento, Calif., on
Nov. 17, 2023. (Lezlie Sterling/The Sacramento Bee via AP)
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“In California, we defeat candidates at the polls,” he said. “Everything else is
a political distraction.”

Several other federal judges have also dismissed attempts to block the former
president from appearing on ballots. In a ruling issued in late December 2023,
U.S. District Judge Leonie Brinkema wrote that the plaintiffs—two activists—who
filed suit against President Trump in Virginia to keep him on that state’s
ballot lacked standing.

“At least five additional federal courts have concluded that citizens attempting
to disqualify individuals—including former President Trump—from participating in
elections or from holding public office based on the January 6, 2021, attack on
the United States Capitol lacked standing,” she wrote in a ruling.

In a statement, the Trump campaign hailed the decision, noting that federal
courts in West Virginia, New Hampshire, Florida, Arizona, and Rhode Island,
along with state courts in Minnesota and Michigan, have dismissed similar suits.

493
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Write a comment...
Top Two Comments:
rookie50racer

2024-01-04

I’ll say it again, Democrats are not as “stupid and desperate” as some would
have you believe. Remember evil never sleeps, it works in the light of day as
well as in darkness. The game plan for ballot stuffing and controlling Dominion
voting machines was planned while Obama was in office and implemented on
November 9, 2016, all for the 2020 election.
The J6 “riot” was a planned event by the deep state as one of many alternative
plans for future relevance. The Marxists and deep state security apparatus had
already stolen the 2020 election away from Trump, and the People, they were
future proofing their consolidation of power. They cannot afford another
Trumpian presidency, especially if he has nothing to gain by re-election. A
final term Trump is a very dangerous weapon for the cause of Liberty, and the
Marxists know this. Just like Satan knows every Word of the Bible, the Marxists
know that a Liberty/Freedom loving President exposes them for what they truly
are, and we will reject them. This 2024 election season will see the fruition of
multiple scenarios started in 2016 and planned by the deep state security
apparatus. We all need to stay on highest alert from now until November 5, 2024
and beyond. There is no October “surprise” any longer, the Marxists are playing
the very long game and traditional politics as we have known it died in 2016.
This is scorched earth political and legal warfare against the patriots of the
United States in real time.

Reply

Share

Last Chance

2024-01-04

Everybody engaged in insurrection!
The FBI did.
The CIA did.
The Capital Police did.
The Congressional leadership under Pelosi did.
The DC Police did.
BLM did.
ANTIFA did.
The only person that did not is Donald Trump and that is why they are
prosecuting him everywhere for everything. He would not go along with the
DeepState and the Left, so they had to REMOVE him!
Pretty darn obvious!

Reply

Share

411
Comments


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Share it now
Jack Phillips
Author (Breaking News Reporter)


Follow
Jack Phillips is a breaking news reporter with 15 years experience who started
as a local New York City reporter. Having joined The Epoch Times' news team in
2009, Jack was born and raised near Modesto in California's Central Valley.
Follow him on X: https://twitter.com/jackphillips5


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Related Topics
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California
Comments
Write a comment...
Top Two Comments:
rookie50racer

2024-01-04

I’ll say it again, Democrats are not as “stupid and desperate” as some would
have you believe. Remember evil never sleeps, it works in the light of day as
well as in darkness. The game plan for ballot stuffing and controlling Dominion
voting machines was planned while Obama was in office and implemented on
November 9, 2016, all for the 2020 election.
The J6 “riot” was a planned event by the deep state as one of many alternative
plans for future relevance. The Marxists and deep state security apparatus had
already stolen the 2020 election away from Trump, and the People, they were
future proofing their consolidation of power. They cannot afford another
Trumpian presidency, especially if he has nothing to gain by re-election. A
final term Trump is a very dangerous weapon for the cause of Liberty, and the
Marxists know this. Just like Satan knows every Word of the Bible, the Marxists
know that a Liberty/Freedom loving President exposes them for what they truly
are, and we will reject them. This 2024 election season will see the fruition of
multiple scenarios started in 2016 and planned by the deep state security
apparatus. We all need to stay on highest alert from now until November 5, 2024
and beyond. There is no October “surprise” any longer, the Marxists are playing
the very long game and traditional politics as we have known it died in 2016.
This is scorched earth political and legal warfare against the patriots of the
United States in real time.

Reply

Share

Last Chance

2024-01-04

Everybody engaged in insurrection!
The FBI did.
The CIA did.
The Capital Police did.
The Congressional leadership under Pelosi did.
The DC Police did.
BLM did.
ANTIFA did.
The only person that did not is Donald Trump and that is why they are
prosecuting him everywhere for everything. He would not go along with the
DeepState and the Left, so they had to REMOVE him!
Pretty darn obvious!

Reply

Share



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