California lawmakers question whether Donald Trump should be removed from the ballot

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Good morning and welcome to the A.M. Alert!

CALIFORNIA LAWMAKERS CALL ON AG TO CONSIDER EXCLUDING TRUMP FROM THE BALLOT

Former President Donald Trump’s alleged role in fomenting the insurrection of Jan. 6, 2021, has landed him in legal hot water, but could it also see him removed from the ballot?

Nine California lawmakers — all Democrats — have written a letter to California Attorney General Rob Bonta, also a Democrat, urging him to seek the court’s opinion on whether Trump merits removal from the ballot for violating the 14th Amendment on Jan. 6.

The 14th Amendment, passed and ratified in the aftermath of the Civil War, says that no one who has taken an oath of office to defend the Constitution shall be allowed to hold public office if they are found to have “engaged in insurrection or rebellion ... or given aid or comfort to the enemies (of the United States).”

In the letter, Assemblyman Evan Low, D-Silicon Valley, and others wrote that “we all watched in horror Mr. Trump’s insurrection against the United States when he ordered a mob of his supporters to the United States Capitol on Jan. 6, 2021, to intimidate Vice President Mike Pence and the United States Congress and interrupt the certification of the 2020 presidential election that Mr. Trump lost.”

The letter goes on to say that this is an urgent question to resolve, as the California elections code requires the secretary of state to announce candidates’ eligibility by Dec. 8 of this year.

“Whatever the courts decide it is important that they do so quickly to avoid further political strife, and the attorney general is uniquely positioned to get the American people the answers we need to protect our republic,” Low said in a statement about the letter.

This isn’t the only effort to explore the possibility of stripping Trump from the ballot.

A lawsuit filed this month by Venice Beach civil rights attorney Stephen Yagman also seeks to block Trump from running next year.

This comes as Trump enjoys a commanding lead among California Republicans. It also comes as the indicted former president is set to speak at the California Republican Party’s convention this weekend.

FEDERAL JUDGE BLOCKS CALIFORNIA AGE-APPROPRIATE DESIGN CODE ACT FROM GOING INTO EFFECT

A federal judge said “not so fast” to California’s attempt to bar social media companies from using children’s personal information.

U.S. District Judge Beth Labson Freeman, of the U.S. District Court for the Northern District of California, on Monday issued a preliminary injunction against the California Age-Appropriate Design Code Act, blocking it from going into effect on July 1, 2024.

The law was challenged earlier this year by NetChoice, a trade group representing the tech industry, which argued that it violates the First Amendment and would chill free speech if allowed to go into effect.

In her ruling, the judge found that NetChoice “has demonstrated a likelihood of success” that the law violates the First Amendment’s protections of free speech.

“NetChoice also has satisfied the second factor by demonstrating a likelihood that it will suffer irreparable injury if the requested preliminary injunction does not issue,” Freeman wrote.

QUOTE OF THE DAY

“All 6 statewide elected officials who have endorsed in the race for US Senate are on Team Lee! Thank you so much for your support, California Attorney General Rob Bonta, Controller @malia.cohen, Insurance Commissioner Ricardo Lara, Treasurer @fionamacpa, Superintendent of Public Instruction Tony Thurmond, and Secretary of State Shirley Weber. Let’s get this done—together!”

- Rep. Barbara Lee, D-Oakland, who is running for U.S. Senate.

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