West Virginia Moves to Dismiss Effort to Block Trump From Ballot

Former President Donald Trump delivers remarks at a rally in West Palm Beach, Fla., on Oct. 11, 2023. Alon Skuy/Getty Images

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

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

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

“We need to protect the integrity of our elections, and frivolous lawsuits like this undermine the right of the citizens to choose who they want to represent them in every level of government,” Mr. Morrissey said.

West Virgnia 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 the laws of West Virginia and the right of voters and candidates to the fullest.”

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

“By filing my cases in liberal circuits, I’m hedging against the risk of SCOTUS inaction or a 4-4 deadlock if Thomas is disqualified,” said Mr. Castro. “If the liberal 9th Circuit boots Trump, he loses electoral votes for [Alaska], [Montana], [Idaho], [Nevada], and [Arizona].”

One of Mr. 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.”

Mr. Castro’s West Virginia lawsuit, filed in September, invoked the portion of the 14th Amendment that precludes presidents and other politicians from taking office if they engaged in an insurrection against the United States. Morrissey countered that the amendment directs Congress rather than the judiciary to enforce its provisions.

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

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

The former president filed a motion on Oct. 6 to dismiss Mr. Castro’s case. On Oct. 2, the Supreme Court declined to take up an appeal from Mr. Castro.