If a private citizen has no standing to file an Amendment 14, Section 3 action in a United States District Court, to disqualify Donald Trump from holding public office, then who has standing? The President? His Attorney General? A United States District Judge on his/her own motion?
Some stuff happened recently, which caused me to revisit a lawsuit complaint I worked on for a couple of weeks, and finally I converted into a lawsuit in God's Court. Yet, something kept nagging me, and after receiving feedback about it in a legal forum, I removed everything but the bare essentials and took me out of it. It is not copyrighted, and anyone can use it.
In the United States District Court
John Doe, Plaintiff
vs.
President Joe Biden and former President Donald Trump, Defendants
Complaint
Plaintiff, a citizen of the United States and a registered voter in city_______, state__________, brings this action under:
28 U.S. Code § 1361 - Action to compel an officer of the United States to perform his duty
The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.
Plaintiff's standing and Federal grounds for bringing this action:
1. Donald Trump and Joe Biden made an oath when they were sworn into office as President of the United States:
United States Constitution Article II, Section 1, Clause 8
Before he enters on the Execution of his Office, he shall take the following Oath or Affirmation:–I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.
That oath was made to the Constitution of the United States for the benefit of the United States and every citizen thereof.
2. On January 6, 2021, a huge mob incited by outgoing President Donald Trump tried to stop the Congress from counting the electoral votes and outgoing Vice-President Mike Pence from certifying the electoral votes, pursuant to Article 2, Section 1 of the U.S. Constitution, Amendment 12 of the U.S. Constitution, and 3 U.S. Code § 15 ~ Counting electoral votes in Congress 3.
3. When President Trump violated his oath office by inciting the January 6 insurrection, he disqualified himself to run for public office again, under:
U.S. Constitution Amendment 14, Section 3
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. But Congress may by a vote of two-thirds of each House, remove such disability.
4. Amendment 14, Section 3 was passed after the Civil War to block people, such as Jefferson Davis, President of the Confederacy, and Robert E. Lee, Commander of the Confederate Army, from holding public office. Donald Trump did not try to secede from the United States of America and its Constitution (the Union) - he incited insurrection to try to take them over.
5. After former President Trump announced in 2021 that he would run for president again, President Biden, pursuant to his oath of office, to preserve, protect and defend the Constitution, should have brought an Amendment 14, Section 3 action in the United States District Court, in Washington, D.C., to disqualify Trump from running for president again. President Biden did not file that action.
6. Private citizens filed an Amendment 14, Section 3 Declaratory Judgment action in the United States District Court for the Southern District of Florida to disqualify Donald Trump from running for president.
CASE NO. 23-CV-61628-ROSENBERG
LAWRENCE A. CAPLAN, BARRY BUTIN, and MICHAEL STRIANESE,
Plaintiffs, v.
DONALD J. TRUMP, Defendant.
After that action was dismissed for lack of standing by the plaintiff to bring the action, thus lack of jurisdiction of the court, President Biden still did not honor his oath to preserve, protect and defend the Constitution by filing an Amendment 14, Section 3 action to disqualify Trump from running for president again.
7. Thus Plaintiff, an American citizen and registered voter, asks the Court to Order President Biden to uphold his oath of office by asking this Court to enforce Amendment 14, Section 3 and bar Donald Trump from holding public office, including President of the United States. Alternatively, Plaintiff asks the Court to rule President Biden breached his oath to preserve, protect and defend the Constitution of the United States, and private U.S. citizen and registered voter Plaintiff can bring the action by default for President Biden - Cf shareholder derivative action in corporate law - to enforce Amendment 14, Section 3 against Donald Trump.
8. Plaintiff asks the Court to hear and consider all the evidence, and enter an Order enforcing Amendment 14, Section 3 against Donald Trump, barring him from holding public office, including President of the United States.
9. For service of process, Defendant President Joe Biden resides at the White House,1600 Pennsylvania Avenue NW, Washington, DC 20500, and Defendant Donald Trump resides at Mar-a-Lago, 1100 S Ocean Blvd, Palm Beach, FL 33480.
Respectfully submitted,
_____________________
John Doe
State of __________
__________ County
Before me personally appeared John Doe, who after being sworn in by me, stated that he is the Plaintiff in the Complaint, and the facts alleged therein are true.
_________________________________
Notary Public
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