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'Trump Is Ineligible to Appear on the Presidential Primary Ballot': Letters Urge Chief Election Officials to Abide by the Constitution and Bar Trump From the Ballot
Boston
Free Speech For People (FSFP) and Mi Familia Vota Education Fund (MFVEF) issued letters today to Secretaries of State and chief election officials in five states, urging them to abide by the US Constitution and bar former President Donald Trump from the ballot. According to Section 3 of the Fourteenth Amendment, also known as the Insurrectionist Disqualification Clause, by swearing an oath to uphold the Constitution and subsequently inciting and facilitating the violent January 6th attack on the Capitol, Trump is ineligible to run for office again.
Free Speech For People and Mi Familia Vota Education Fund sent letters to New Hampshire Secretary of State David Scanlan, New Mexico Secretary of State Maggie Toulouse Oliver, Florida Secretary of State Cord Byrd, Ohio Secretary of State Frank LaRose, and members of the Wisconsin Elections Commission. The organizations delivered a similar letter to chief election officials in 10 other states between April and July 2023 including Nevada, Oregon, California, Massachusetts, Colorado, Michigan, New York, North Carolina, Georgia, and Pennsylvania.
Free Speech For People also forwarded to New Hampshire Attorney General John Formella its letter to New Hampshire Secretary of State David Scanlan. Secretary Scanlan recently asked the New Hampshire Attorney General to review the applicability of Section Three against Trump in the upcoming 2024 presidential election.
Enacted in the wake of the Civil War, Section 3 of the Fourteenth Amendment disqualifies from public office, regardless of a prior criminal conviction, any individual who has taken an oath to uphold the U.S. Constitution and then engages in insurrection or rebellion against the United States, or gives aid or comfort to its enemies. Trump’s involvement in the violent attack on Congress to prevent the certification of democratic election results disqualifies him from holding any future public office.
“[S]ince 1868, the qualifications for eligibility for the presidency—in addition to natural-born citizenship, age, and residency—have also included not having engaged in insurrection against the United States after having taken an oath to support the Constitution,” the letters read. “And Trump does not meet that qualification.”
FSFP and MFVEF also argue that state election officials have the power to enforce the Insurrectionist Disqualification Clause without express permission from Congress. They note that nothing in the text, original public meaning, or the Reconstruction-era history of Section 3’s implementation suggests that states need authorization from Congress to implement this part of the Constitution. During Reconstruction, states repeatedly enforced Section 3 in exactly that circumstance, and two different states (Georgia and New Mexico) heard Section 3 challenges against those involved in the January 6th insurrection in 2022. These challenges did not need any special federal legislation, relying on standard state legal procedures for challenging a politician’s constitutional eligibility for office.
“While the US Justice Department, along with state and local authorities, must hold Donald Trump accountable for all crimes that he has committed, secretaries of state and chief election officials across the country must carry out their responsibility to follow the mandate of the Constitution and the Insurrectionist Disqualification Clause and bar Trump from any future ballot,” said Free Speech For People President John Bonifaz. “Criminal prosecutions will establish Trump’s liability under the law. But the enforcement of Section 3 of the Fourteenth Amendment against Trump will ensure that our republic is protected and that this insurrectionist-in-chief is forever disqualified from holding any future public office.”
“The evidence is overwhelming that Donald Trump incited and mobilized the insurrection on January 6, 2021 at our nation’s Capitol,” said Alexandra Flores-Quilty, Campaign Director for Free Speech For People. “The US Constitution is clear that anyone who takes an oath of office and then engages in insurrection is forever barred from holding public office again. Election officials must carry out their duty, follow this constitutional mandate, and bar Trump from the ballot.”
Irving Zavaleta, Mi Familia Vota National Programs Manager said: “Secretaries of State and state election officials are well within their authority to bar former President Donald Trump from the ballot. We all know that Donald Trump incited an insurrection to stop the certification of the 2020 election. Under Section Three of the Fourteenth Amendment, anyone who has taken the oath of office to defend the Constitution and then engages in an insurrection is disqualified from holding future public office. Trump is disqualified, and we strongly urge election officials to bar him from the ballot.”
Free Speech For People has called for applying the Insurrectionist Disqualification Clause to Donald Trump since June 2021. The organization, in partnership with Mi Familia Vota Education Fund, launched the Trump is Disqualified campaign following Trump’s announcement of his 2024 presidential bid in November 2022. Click here for more information on the campaign.
Read the letters here.
Free Speech For People is a national non-partisan non-profit organization founded on the day of the U.S. Supreme Court's ruling in Citizens United v. FEC that works to defend our democracy and our Constitution.
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White House Working to Criminalize Left-Wing Dissent as 'Domestic Terror' in Wake of Kirk Murder
"We must end any form of political violence—and reject those who try to exploit it," one Democratic congresswoman asserted.
Sep 15, 2025
Senior Trump administration officials on Monday made fresh threats to crack down on a non-existent left-wing "domestic terror movement" in the wake of last week's assassination of Charlie Kirk—a move that critics called an attempt to exploit the far-right firebrand's murder to advance an authoritarian agenda targeting nonviolent opposition.
Even as investigators work to determine the motive of Kirk's killer, members of Trump's inner circle and supporters have amplified an unfounded narrative of a coordinated leftist movement targeting conservatives.
According to The New York Times:
On Monday, two senior administration officials, who spoke anonymously to describe the internal planning, said that Cabinet secretaries and federal department heads were working to identify organizations that funded or supported violence against conservatives. The goal, they said, was to categorize left-wing activity that led to violence as domestic terrorism, an escalation that critics said could lay the groundwork for crushing anti-conservative dissent more broadly.
Appearing on the latest episode of "The Charlie Kirk Show" podcast—which was guest hosted by US Vice President JD Vance—White House Deputy Chief of Staff Stephen Miller said that "we are going to use every resource we have at the Department of Justice, Homeland Security, and throughout this government to identify, disrupt, dismantle, and destroy these networks and make America safe again for the American people."
"It will happen, and we will do it in Charlie’s name," Miller vowed.
Vance said during the podcast that he wanted to explore “all of the ways that we’re trying to figure out how to prevent this festering violence that you see on the far left from becoming even more and more mainstream."
“You have the crazies on the far left who are saying, ‘Oh, Stephen Miller and JD Vance, they’re going to go after constitutionally protected speech,'” the vice president said. “We’re going to go after the network that foments, facilitates, and engages in violence."
Vance, who like Trump and numerous supporters claim to champion free speech, also took aim at "people who are celebrating" Kirk's killing.
Another unnamed administration official told The New York Times Monday that government officials would be investigating people, including those accused of vandalizing Tesla electric vehicles and dealerships and allegedly assaulting federal immigration agents, in an effort to implicate US leftists in political violence.
Vance and Miller's threats ignored right-wing violence—which statistically outpaces left-wing attacks—including the recent assassinations of Democratic Minnesota House Speaker Melissa Hortman and her husband Mark Hortman, who were murdered in June by by a right-wing masked gunman disguised as a police officer.
Investigative reporter Jason Paladino reported last week that the US Department of Justice apparently removed an academic study previously published on the National Institute for Justice's online library showing that "since 1990, far-right extremists have committed far more ideologically motivated homicides than far-left or radical Islamist extremists, including 227 events that took more than 520 lives" versus "42 ideologically motivated attacks that took 78 lives" committed by "far-left extremists."
“Militant, nationalistic, white supremacist violent extremism has increased in the United States. In fact, the number of far-right attacks continues to outpace all other types of terrorism and domestic violent extremism.”The Trump DOJ scrubbed this study from their website.
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— Mehdi Hasan (@mehdirhasan.bsky.social) September 12, 2025 at 6:43 PM
Responding to Miller's remarks, New Republic staff writer Greg Sargent noted on social media that "Stephen Miller was directly involved in one of the largest acts of organized domestic political violence the United States has seen in modern times, the January 6 [2021] insurrection."
Congresswoman Diana DeGette (D-Colo.) weighed in Monday on Miller's attempt to exploit Kirk's murder, writing on the social media site Bluesky that "it's never acceptable to kill someone for their political beliefs. But the Trump [administration] exploiting the shooting of Charlie Kirk to follow their authoritarian instincts and crack down on the left is incredibly disturbing."
"We must end any form of political violence—and reject those who try to exploit it," she added.
Democratic California Gov. Gavin Newsom noted Monday on social media that Miller "has already publicly labeled the Democratic Party as a terrorist organization."
"This isn’t about crime and safety," Newsom added. "It’s about dismantling our democratic institutions. We cannot allow acts of political violence to be weaponized and used to threaten tens of millions of Americans."
The progressive Working Families Party (WFP) said Monday on social media that "JD Vance and Stephen Miller want to use the horrifying murder of Charlie Kirk to target and dismantle pro-democracy groups."
"Their comments call to mind some of the darkest periods in US history," WFP continued. "They're dividing people based on what box we ticked on our voter registration."
Vance and Miller "want to stoke fear and resentment to justify their un-American crackdowns on free speech, mass abductions of working people, and military takeovers of our cities," WFP added. "This isn't going to fly. We’ve survived crises like this before as a country, and we can choose to live in a place where our political freedoms are protected, where we settle disagreements with words not weapons, and where no one has to fear losing a loved one to gun violence."
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Another 'Extrajudicial Execution' as US Bombs Second Alleged Venezuelan Drug Boat
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President Donald Trump said Monday that the US carried out a fresh strike on what he said was a boat used by Venezuelan drug gangs, killing three people in what one human rights campaigner called another "extrajudicial execution."
"This morning, on my Orders, US Military Forces conducted a SECOND Kinetic Strike against positively identified, extraordinarily violent drug trafficking cartels and narcoterrorists in the [US Southern Command] area of responsibility," Trump said on his Truth Social network. "The Strike occurred while these confirmed narcoterrorists from Venezuela were in International Waters transporting illegal narcotics (A DEADLY WEAPON POISONING AMERICANS!) headed to the US."
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US President Trump just announced that a second drug smuggling boat from Venezuela was hit by a US airstrike in the Caribbean, killing 3 people on board the boat.#Venezuela pic.twitter.com/dO34gYr9GZ
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Responding to arguments by legal experts and Venezuelan officials that the September 2 strike was illegal, Trump said Sunday that "what's illegal are the drugs that were on the boat... and the fact that 300 million people died last year from drugs."
Only 62 million people died in the entire world of all causes last year, making Trump's claim impossibly false.
Monday's attack followed the September 2 bombing of a vessel allegedly transporting cocaine off the Venezuelan coast, a strike that killed 11 people. Venezuelan officials say none of the 11 men were members of the Tren de Aragua gang, as claimed by Trump.
On his first day back in the White House, Trump signed an executive order designating drug cartels as foreign terrorist organizations. Last month, the president reportedly signed a secret order directing the Pentagon to use military force to combat drug cartels abroad, sparking fears of renewed US aggression in a region that has endured well over 100 US attacks, invasions, occupations, and other interventions since the issuance of the dubious Monroe Doctrine in 1823.
The Intercept's Nick Turse reported Monday that the Trump administration's recently rebranded Department of War "is thwarting congressional oversight" of the September 2 attack.
“I’m incredibly disturbed by this new reporting that the Trump administration launched multiple strikes on the boat off Venezuela,” Congresswoman Sara Jacobs (D-Calif.) said in response to Turse's reporting. “They didn’t even bother to seek congressional authorization, bragged about these killings—and teased more to come.”
Common Dreams reported last week that Congresswoman Ilhan Omar (D-Minn.) introduced a war powers resolution seeking to restrain Trump from conducting attacks in the Caribbean.
Also last week, Sen. Tim Kaine (D-Va.) led a letter signed by two dozen Democratic colleagues and Sen. Bernie Sanders (I-Vt.) asserting that the Trump administration offered "no legitimate justification" for the first boat strike.
It's not just congressional Democrats who have decried Trump's September 2 attack. Last week, Sen. Rand Paul (R-Ky.) said that "the recent drone attack on a small speedboat over 2,000 miles from our shore without identification of the occupants or the content of the boat is in no way part of a declared war, and defies our longstanding Coast Guard rules of engagement."
“What a despicable and thoughtless sentiment it is to glorify killing someone without a trial," Paul later added.
Paul also mirrored Democratic lawmakers' questioning of Trump's narrative that the boat bombed on September 2 was heading to the United States.
Echoing congressional critics, Daphne Eviatar, director of Amnesty International's Security With Human Rights program, said of Monday's attack, "Today, President Trump claimed his administration carried out another lethal strike against a boat in the Caribbean."
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"Cluster munitions are banned for a reason: Civilians, including children, account for the vast majority of casualties," said one rights advocate.
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Human rights leaders on Monday called on the 112 countries that are party to a treaty banning cluster munitions to reinforce the ban and demand that other governments sign on to the agreement, as they released an annual report showing that the bombs only serve to cause civilian suffering—sometimes long after conflicts have ended.
The governance board of the International Campaign to Ban Landmines (ICBL) and the Cluster Munition Coalition (CMC) released the 16th annual Cluster Munition Monitor on Monday, compiling data on the impact of cluster munitions for 2024 and revealing that all reported cluster bomb casualties last year were civilians—and close to half, 42%, were children.
Cluster bombs are particularly dangerous to civilians because after being dropped from aircraft or fired by rockets or other weapon, they open in the air and send multiple submunitions over wide areas—often leaving unexploded bomblets that are sometimes mistaken by children for harmless toys, and can kill and injure people in populated areas for years or even decades after the initial bombing.
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The report details recent uses of cluster bombs, the impact of which may not be known for years as civilians remain at risk from the unexploded bombs, including by Thailand—by its own apparent admission—in its border conflict with Cambodia and allegedly by Iran, which Israel claimed used cluster munitions in its attack in June. Cluster munitions have also reportedly been used in recent years in Myanmar—including at schools—and Syria.
"Governments should now act to reinforce the stigma against these indiscriminate weapons and condemn their continued use."
This year, the withdrawal of Lithuania from the Convention on Cluster Munitions—an unprecedented step—garnered condemnation from at least 47 countries. While it had never previously used or stockpiled cluster bombs, the country said it was necessary to have the option of using the munitions "to face increased regional security threats."
The casualties that continued throughout 2024 and into 2025 "demonstrate the need to clear more contaminated land and to provide more assistance to victims," said Human Rights Watch, a co-founder of CMC.
"The Convention on Cluster Munitions has over many years made significant progress in reducing the human suffering caused by cluster munitions," said Mark Hiznay, associate crisis, conflict, and arms director for HRW. "Governments should now act to reinforce the stigma against these indiscriminate weapons and condemn their continued use."
The report notes that funding cuts by donor states including the US, which under the second term of President Donald Trump has cut funding for landmine and cluster bomb clearance and aid, have left many affected countries struggling to provide services to survivors.
Children, the report notes, are often particularly in need of aid after suffering the effects of cluster munitions, as they are "more vulnerable to injury and frequently require repeated surgeries, regular prosthetic replacements as they grow, and long-term opportunities to access physical rehabilitation and psychological support."
"Without adequate care for children, complications can worsen, affecting their schooling, social interactions, mental health, and overall well-being," explained IBCL and CMC.
At the Cluster Munitions Conference taking place from September 16-19, said Anne Héry, advocacy director for the group Humanity and Inclusion, states must "reaffirm their commitment to this vital treaty."
"Cluster munitions are banned for a reason: Civilians, including children, account for the vast majority of casualties," said Héry. "Questioning the convention is unacceptable. States convening at the annual Cluster Munition Conference must reaffirm their strong attachment to the treaty and their condemnation of any use by any party."
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