SocraticGadfly: Will John Anthony Castro really box Trump in? (UPDATE: Or is he a mini-Trump himself? Or rather, a JAC-off?)

September 21, 2023

Will John Anthony Castro really box Trump in? (UPDATE: Or is he a mini-Trump himself? Or rather, a JAC-off?)

He boasts about his use of Rule 65 of the Federal Rules of Civil Procedure to try to boot Trump off the ballot.

But, he downplays one thing.

The Rule grants a preliminary injunction or a temporary restraining order. (Italics added.)

That's the part that Castro isn't really talking about.

After your TRO is up, you still have all the normal legal heavy lifting to do. (See more on JAC and TROs below.)

As for his case soon to hit SCOTUS? Castro has to clear the "standing" hurdle, which he may well do, and the "ripeness" hurdle, discussed by me before, which he almost certainly will not.

Per the three links in the comment below, Castro is also the moral equivalent of fraud.

First, no, John, you were NOT a West Point cadet. A lawyer who's more than a shade-tree mechanic equivalent should know language better than that, and a newspaper editor definitely does. And, also re Castro's 14th Amendment stunt suits, if he doesn't get jurisdictional issues, he probably also doesn't get "standing" or "ripeness" ones.

Second? He's not only been rejected on the "standing" issue on some of his 14th Amendment filings, his claim that he's loaned himself $20 million for his campaign appears to be undermined by American Express suing him for credit card debt AND him saying he needs pro bono legal help.

Third, also tying back to No. 1? If "lawyer" means licensed to practice law in one or more of our 50 states, Castro is not a lawyer. (The link within this piece is also at the "second" above.) (It's also interesting that his Twitter mentions UNM Law as well as Georgetown Law. Probably some further backstory there.)

Based on all the above, he either doesn't understand Rule 65, or this is more shenanigans, or worse, more grift.  Or a viral marketing stunt, per a comment on Ballot Access News.

He IS a vanity/celebrity candidate, per the tail end of his Wiki piece, running in 2018 as a Dem for Webb County Commissioners Court, then as a Rethug in the 2020 Senate primary and 2021 Sixth District special election.

Speaking of? Per the Jan. 4, 2024, commenter? After you hit their link and do your search by name, here's the link to get a copy of Castro's ethics disclosures.

And, a personal observation? Whatever individuals and companies are using Castro as a tax advisor, given all of the above? Personally, I'd start looking for somebody new. (Given the two links by the second commenter, I redouble that advice!)

BIG Jan. 10, 2024 update to that one: Castro has been arrested on 33 federal counts of aiding and assisting in false preparation of federal tax returns. 

Here's the nut graf:

The criminal charges against Mr. Castro, who has prepared income tax returns for clients of his business, accuse him of repeatedly promising to help those clients get a higher tax refund than other preparers could, and of claiming false deductions on their returns without the clients’ knowledge. The indictment claims he “devised and executed a scheme to defraud the United States by falsely creating and submitting false tax returns on behalf of unsuspecting taxpayers.”

Followed by a JAC-ing off nuts graf response from Castrol (he's oily):

In a phone interview on Wednesday, Mr. Castro claimed he was being persecuted and retaliated against by Trump appointees. He said the allegations in the indictment involved actions he took years ago and that he had previously taken responsibility for misinterpreting the tax code in those instances. He added that he thought the charges against him were an attempt to disrupt his lawsuits regarding Mr. Trump.

What else is there to say?

Well, there's the "to say" of the person who tweeted me the story.

Even if he's acquitted, his services as a tax advisor (or financial planner or anything similar) are toast. Since he's not licensed to practice law (and never will be), and per up above where he doesn't have liquid assets"? "There's retail."

There's also the "to say" of Biden being president three years now and the USDA for this part of Texas being, of course, a Biden appointee.

Final question related to this? Does Castro believe his own self-claims as much as Trump believes his?

==

I'll offer updates on various specific cases as sites like Ballot Access News drop them.

Sept. 28: JAC has lost, at least in the first round, a bid for a TRO in West Virginia.

Sept. 29: Per the link in comments about the guy live-blogging Castro's filings? He's withdrawn his case in Utah, is a conspiracy theorist about Trump personally ordering the IRS to subpoena his grad school transcript (setting aside the issue that on reasonable intelligence, AFAIK, the IRS is not the Department of Education and has nothing to do with collegiate transcripts)

Oct. 2: JAC-off Castro lost at the Supreme Court

Oct. 5: Castro admits he was JAC-ing off in Oklahoma and North Carolina

Nov. 1: Castro's JAC-ing off in New Hampshire denied for lack of ripeness.

Nov. 5: Via BAN, Castro gets to actually JAC off in the South Carolina primary.

Nov. 22: Again via BAN, and a ruling I don't totally agree with, as polling strength should not be used to judge standing, the First Circuit told him to stop JAC-ing off in the New Hampshire primary.

Jan. 1, 2024: Via BAN, and again, I don't agree on the standing issue, but West Virginia told him to stop JAC-ing off.

Jan. 10: Nevada court, which gets standing right on primary vs caucus, says Castro is JAC-ing off.

Jan. 13: New Mexico court, wrong on standing issue, whacks down another limp JAC-off.

2 comments:

Gadfly said...

Good plug! Thanks for that link and I'll drop by from time to time maybe.

Anonymous said...

Castro It’s a complete idiot! Trying to make a name for his stupid self!