Breaking News: John A. Castro Files Motion Requesting TRO against Donald Trump and the FEC
Breaking News: John A Castro, a US 2024 Presidential Candidate and a Contributor the podcast has submitted a MOTIONS FOR RELIEF against Donald Trump and the FEC requesting a Temporary Restraining Order (TRO) which may essentially upend Trump's candidacy if granted. The Court is to make a decision within the next 24 hours. John Castro joins us to discuss his motions and to update on this breaking news.
John A Castro provided us with the motion he filed in court. Here’s an excerpt:
"Plaintiff John Anthony Castro, pursuant to 5 U.S.C. §§ 701-706 and Fed. R. Civ. P. 65, moves this Honorable Court for the entry of a Temporary Restraining Order (“TRO”) enjoining Defendant Federal Election Commission (“FEC”) from accepting, processing, retaining, recognizing, giving consideration of, or otherwise giving effect to Donald J. Trump’s FEC Form 2, Statement of Candidacy, on the basis that such action by Defendant FEC would constitute agency action not in accordance with law since Donald J. Trump is a constitutionally ineligible candidate pursuant to Section 3 of the 14th Amendment to the U.S. Constitution. Alternatively, if and only if the Court determines that a Temporary Restraining Order is not appropriate despite the time sensitive nature of the matters and threat of irreparable harm, Plaintiff moves this Honorable Court for a Preliminary Injunction and requests a Hearing with an Expedited Briefing Schedule.
A. BACKGROUND
On January 30, 2022, Plaintiff John Anthony Castro formally registered with the Federal Election Commission as a 2024 candidate for the Republican nomination for the Presidency of the United States. On July 25, 2022, Plaintiff John Anthony Castro filed a Complaint for Declaratory and injunctive Relief (“Compl.”) (Docket No. 1) pursuant to the judicial review provision of the Federal Election Campaign Act (“FECA”), 52 U.S.C. § 30109(a)(8), and the judicial review provisions of the Administrative Procedure Act, 5 U.S.C. §§ 701 - 706.2 2 See https://www.fec.gov/data/candidate/P40007320/?tab=about-candidate. Case 1:22-cv-02176-RC Document 18 Filed 11/16/22 Page 9 of 302
Count I is based upon an administrative complaint that Plaintiff filed with Defendant on March 23, 2022. Plaintiff’s administrative complaint sought to compel Defendant to declare Donald J. Trump a “candidate” within the meaning of FECA. Defendant failed to act on the administrative complaint within 120 days. Federal law, pursuant to 52 U.S.C. § 30109(a)(8)(A), grants the right of judicial review if the FEC fails to act on an administrative complaint within 120 days. As such, the jurisdiction for Count I stems from 52 U.S.C. § 30109(a)(8)(A) due to the FEC’s failure to act within 120 days regarding Donald J. Trump’s activities mandating his statutory classification as a “candidate” given the invalidity of the FEC’s Testing the Waters regulations under the U.S. Supreme Court’s Home Concrete standard. Count II effectively states that, because Plaintiff has alleged in his Complaint that Donald J. Trump engaged in, provided aid to, or provided comfort to the insurrectionists that violently attacked our United States Capitol on January 6, 2021, if Defendant were to accept Donald J. Trump’s FEC Form 2, Statement of Candidacy, that would constitute agency action “not in accordance with law” pursuant to Section 3 of the 14th Amendment. In other words, because factual allegations in a complaint must be accepted as true and Plaintiff’s Complaint specifically alleges that Trump engaged in, aided, or comforted insurrectionists, it must be accepted as true that Trump does not satisfy Section 3 of the 14th Amendment and is, therefore, ineligible to pursue public office. If Defendant were to accept Donald J. Trump’s FEC Form 2, Statement of Candidacy, that would constitute final agency action under 5 U.S.C. § 704 that is “not in accordance with law” under Section 3 of the 14th Amendment, which 5 U.S.C. § 706(2)(A) specifically prohibits. As such, the jurisdiction for Count II stems from 28 U.S.C. § 1331."
Submitted by Rev. Renaldo McKenzie,
Author of Neoliberalism, Globalization, Income Inequality, Poverty and Resistance. And Author of the upcoming book Neoliberal Globalization Reconsidered.
Renaldo is a doctoral candidate at Georgetown University and graduated from University of Pennsylvania. Renaldo is also a Lecturer and Academic and teaches at several Colleges.
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