A federal judge has rejected an effort to remove former President Donald Trump from New Mexico's ballots, saying the plaintiffs lack standing to sue, but the plaintiffs are reportedly appealing the ruling. ing.
Plaintiff John Anthony Castro hill “Last week, Trump and New Mexico Secretary of State Maggie Toulouse Oliver were indicted on 33 counts of aiding and abetting the preparation of false tax returns,” the report said. He has taken similar steps in other states to prevent President Trump from winning the White House in 2024.
Castro is reportedly running for president. quoted His complaint includes Section 3 of the 14th Amendment, or insurrection clause, according to Judge Matthew Garcia's order Friday. Trump, of course, has not been charged with insurrection or seditious conspiracy in any of the federal cases.
garcia granted President Trump's motion to dismiss the case denied “Castro's procedural challenge to President Trump's original motion to dismiss.” He also pointed out that Castro's lawsuit lacks standing under Article III of the U.S. Constitution because he has no “status as a political competitor” to Trump.
In an attempt to establish a clear advantage for Article III purposes, Castro invokes the doctrine of “political competitor status”…which states that “a candidate or his or her party has no The concept is that a person has the right to object to the inclusion of a rival in an election. For plaintiffs to prove harm as political competitors, they must show that they have a “likelihood of winning the election.” Because the underlying wound is the possibility of electoral defeat.
He said Castro's efforts, which he said raised $677 in small campaign contributions, hosted an online video show and polled in multiple states, “have, taken together, dented the ranks of his political competitors. The court ruled that there was not enough money to give.
“Mr. Castro, even at first glance, is in serious competition with President Trump for votes and contributions, and his inclusion on the ballot would hurt his chances of winning the nomination in New Mexico. “I have not made any claims to suggest that,” Garcia added.
He also said that Castro is not reflected in national polls, has not provided “concrete evidence of campaign activity or donations from New Mexico voters in the state, and that his online programs and “They have not provided any evidence to prove the location of the supporters who watched the program.” Follow him on social media. ”
In the end, Garcia called the charges “futile.”
He concluded:
This action is dismissed without prejudice for lack of subject matter jurisdiction. All other pending motions, including Castro's motion to issue subpoenas. 60, and Notice of Intent to File Motion for Judgment and Writ of Mandamus, Doc. 66, are terminated as invalid.
KRQE report Mr. Castro plans to appeal.
After being fired. Trump campaign spokesman Stephen Chan issued a statement in an emailed press release saying the 45th president “remains unchallenged against false claims of the 14th Amendment in federal court.” He emphasized.
He went on to accuse Democrats of trying to “steal the election” through legal efforts to remove him from the ballot, before adding, “Now that an impartial court has seen through the Democrats' plan to interfere in the election, 12 other Similar lawsuits in these states have now been dismissed.” :
Across the country, allies of ousted President Crooked Joe Biden are trying to steal the election for him and strip voters of their constitutional right to vote for the candidate of their choice. They are desperate and know Crooked Joe is losing big.President Trump is counting on the support of the people of New Mexico and every state to hold a free and fair election in November and regain the presidency.
The case is Castro vs. Toulouse OliverNo. 1:23-cv-00766-MLG-GJF, United States District Court for the District of Mexico.
