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West Virginia Attorney General Files Motion to Dismiss Lawsuit Challenging Trump’s Eligibility on 2024 Ballot

West Virginia’s attorney general filed a motion Oct. 12 to dismiss a lawsuit alleging that President Donald Trump is ineligible to appear on the 2024 presidential election ballot in the state.

It’s one of many lawsuits Republican presidential candidate John Anthony Castro has filed in several states, according to a Newsweek interview. Castro has affirmed his view that because President Trump aided an “insurrection” on January 6, 2021, the 14th Amendment to the Constitution disqualifies him from seeking the presidency.

In a press release, Attorney General Patrick Morrissey described Castro’s lawsuit as frivolous and lacking several elements to establish standing.

“We need to protect the integrity of our elections, and frivolous lawsuits like this undermine citizens’ right to choose who they want to represent them at all levels of government,” Morrissey stated.

West Virginia Attorney General and then-GOP congressional candidate Patrick Morrissey at a Make America Great Again rally in Wheeling, West Va., on Sept. 29, 2018. (Charlotte Cuthbertson/The Epoch Times)

He added that “any eligible candidate has the right to be on the ballot unless legally disqualified, and we will defend West Virginia laws and the rights of voters and candidates to the fullest extent.”

Morrisey’s motion argues that Castro’s lawsuit “has no basis in law or fact.” It begins with posts on X in which Castro expresses his interest in using the lawsuits to attack the former president as part of what he called “Lock Operation“.

“By filing my cases in liberal circuits, I am hedging myself against the risk of SCOTUS inaction or a 4-4 stalemate if Thomas is disqualified,” Castro said. “If the liberal 9th ​​Circuit sinks Trump, he loses the electoral votes of [Alaska], [Montana], [Idaho], [Nevada] y [Arizona]”.

One of Castro’s posts shows him threatening to unleash “legal hell” on President Trump, while another says the former president “will be completely bankrupt by next summer.”

Castro’s lawsuit in West Virginia, filed in September, invoked the part of the 14th Amendment that prevents presidents and other politicians from taking office if they participate in an insurrection against the United States. Morrissey countered that the amendment directs Congress and not the judiciary to enforce its provisions.

President Donald Trump sits in the courtroom during the third day of his civil fraud trial in New York, on October 4, 2023. (Jeenah Moon/AFP via Getty Images)

Neither the Trump nor Castro campaigns immediately responded to The Epoch Times’ request for comment. Trump spokesman Steven Cheung previously said “Who is that?” in reference to Castro.

The former president presented a motion on October 6 to reject the case of Castro. On October 2, the Supreme Court refused to accept an appeal from Castro.

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2023-10-13 01:58:39
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