Insurrection LawFare - Attacking Speech w / 14th A

[GURPS]

Group Of NC Voters File Complaint Attempting To Block Madison Cawthorn From Running


The complaint, filed by 11 voters in the newly-redrawn 13th Congressional District, argues that Cawthorn’s remarks at a rally held by former President Donald Trump shortly before the Capitol riot disqualify him from holding office under the 14th Amendment’s Disqualification Clause.

“The Challengers in this action, registered voters in the 13th Congressional District, have reasonable suspicion… that Representative Madison Cawthorn, a candidate for North Carolina’s 13th Congressional District, does not meet the federal constitutional requirements for a Member of the U.S. House of Representatives and is therefore ineligible to be a candidate for such office,” the complaint begins.

The complaint continues, “nder Section Three of the Fourteenth Amendment to the U.S. Constitution, known as the Disqualification Clause, ‘No Person shall be a . . .Representative in Congress . . . who, having previously taken an oath, as a member of Congress . . . to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same…’ Persons who trigger this constitutional provision are disqualified from congressional office, just as persons who fail to meet the age, citizenship, and residency requirements of Article I, section 2 of the Constitution are disqualified from congressional office.”

 

[BOP]

They have swamps in North Carolina; I recommend they make ahem liberal use of them.

 

[Louise]

They have swamps in North Carolina; I recommend they make ahem liberal use of them.

Good one!

 

[Hijinx]

The thought of having a legal election in this country scares the piss out of Democrats.
They are working hard to see that it doesn't happen.

 

[GURPS]

The Latest Democrat/RINO Plan to Prevent Trump From Running Again in 2024​

Why did Mitch McConnell break ranks with the Republican National Committee and insist, contrary to a growing mountain of evidence, that the Jan. 6 incident was “a violent insurrection for the purpose of trying to prevent a peaceful transfer of power after a legitimately certified election from one administration to the next”? A clue came on Tuesday, when Larry Sabato, a popular far-Left historian, tweeted: “Of course it was a violent insurrection. Shame on every Republican, especially Members of Congress, who haven’t declared as much. Next: Admit Trump plotted a coup to steal a 2nd term. Then invoke 14th Amendment, Section 3 to ban Trump and coconspirators from future public office.” If it was an insurrection, then Trump, who has grown increasingly critical and contemptuous of McConnell, can be barred from running in 2024. The initiative to do this is gathering steam.

The Fourteenth Amendment, Section 3 says: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

This was designed to keep unrepentant Confederates out of public office after the Civil War (although many did hold office, as more often than not Congress did vote to waive the prohibition). As PJM’s Rick Moran noted Wednesday, it’s already being used against America-First Rep. Madison Cawthorn (R-N.C.), although he is fighting back hard. It’s likely to be used against others who are associated with the Jan. 6 non-insurrection as well.

But Cawthorn and the rest would just be a dry run. The great white whale these Captain Ahabs are hunting is Donald Trump, and they hope that in the 14th Amendment, they have found their harpoon. Some Democrats and establishment Republicans see this as the final stake they can drive into the heart of their nemesis Trump, ending his 2024 aspirations.

 

[stgislander]

I used to like Larry Sabato.

 

[Hijinx]

They are going to keep farting around with Conservatives until Conservatives have had enough and start fighting back.

 

[GURPS]

Judge signals Marjorie Taylor Greene candidacy challenge likely to proceed​

A federal judge signaled in a Friday hearing that she may allow a Jan. 6-related constitutional challenge against Rep. Marjorie Taylor Greene to proceed. The suit alleges that the Georgia representative, through her actions leading up to and on the day of the attack on the Capitol, "aided and engaged in an insurrection to obstruct the peaceful transfer of presidential power" Judge Totenberg said she would issue a ruling on whether the complaint could proceed by Monday.

 

[GURPS]

Effort to Block GOP Reps From Running Because of Jan. 6 Goes Down to Withering Defeat​

The plaintiffs in the case, the group Free Speech for the People (more irony), are trying to use Section 3 of the 14th Amendment to the Constitution, which prohibits elected officials from engaging in an insurrection or rebellion to knock Rep. Paul Gosar (R-AZ), Rep. Andy Biggs (R-AZ) and state Rep. Mark Finchem (who’s running for Secretary of State) off the ballot in Arizona.

Except there were a few problems with the argument — none of the three were involved in the Jan. 6 riot that Democrats have tried to call an insurrection. Plaintiffs tried to claim they had involvement in the rally on Jan. 6. But the rally and the riot are two separate things. Gosar and Biggs did vote to not accept the electoral count from some states — much the same way as many Democrats have done after prior presidential elections. That’s not an “insurrection” — indeed, that’s part of their power as members of Congress to accept the count (or not). When the Democrats did it, they claimed they were preserving democracy, but when Republicans did it, the Democrats claimed they were attacking democracy. Such hypocrisy.


But the effort to block out the Republicans didn’t fly in court, and the case was booted by the Arizona judge, who found they didn’t have a private right of action.

In his advisory opinion, Coury noted that Finchem, Gosar and Biggs have not been “charged with or convicted of any state or federal crime that relates to insurrection or rebellion.”
Both Biggs and Gosar argued that only Congress has the constitutional power to judge the qualifications of its members, an argument that Coury found persuasive.
“It would contradict the plain language of the United States Constitution for this Court to conduct any trial over the qualifications of a member of Congress,” Coury’s opinion said. “Moreover, a state judicial trial relating to the qualifications of Rep. Biggs and Rep. Gosar arguably implicates the doctrines of federalism and separation of powers between the branches of the government.”

 

[herb749]

Probably none of the people who brought the case actually live in Arizona.

 

[GURPS]

The Department of Justice (DOJ) has reportedly approached the House Select Committee to Investigate January 6th Attack on the U.S. Capitol, asking for transcripts of interviews that it can use in prosecutions, the New York Times reported Tuesday.

The committee is barred by the Constitution’s separation of powers from exercising law enforcement powers. Congress can convene investigative committees, but they must have some relation to a legislative purpose, or to an impeachment purpose.

The Times reported:

The Justice Department has asked the House committee investigating the Jan. 6 attack for transcripts of interviews it is conducting behind closed doors, including some with associates of former President Donald J. Trump, according to people with knowledge of the situation.
The move is further evidence of the wide-ranging nature of the department’s criminal inquiry into the events leading up to the assault on the Capitol and the role played by Mr. Trump and his allies as they sought to keep him in office after his defeat in the 2020 election.
The House committee, which has no power to pursue criminal charges, has interviewed more than 1,000 people so far, and the transcripts could be used by the Justice Department as evidence in potential criminal cases, to pursue new leads or as a baseline for new interviews conducted by federal law enforcement officials.

Report: DOJ Approaches January 6 Committee to Use Transcripts in Prosecutions

The DOJ is asking the January 6 committee for transcripts of interviews that it can use in prosecutions, the New York Times reported Tuesday.

www.breitbart.com

 

[Hijinx]

The January 6 Committee is a farce. If it was a real investigation into January 6 it would be investigating why Nancy Pelosi did not ask for help when she knew what was coming, They would ask why a panic driven Capitol Police Officer murder a Air Force female veteran and why a woman was beaten to death by another Capitol police officer. They would find out how many FBI agents were stirring the pot and encouraging people to enter the building. The whole thing is the fault of Nancy Pelosi she had plenty of time to have an adequate defense force there.

 

[GURPS]

 

[GURPS]

Police Report Proves Plainclothes Electronic Surveillance Unit Members Were Embedded Among Jan. 6 Protesters​

While there is growing speculation that federal agents and Capitol Police were involved in instigating acts of violence during the Jan. 6, 2021 protests and recording responses for the purposes of entrapment, evidence now proves that “plainclothes” members of a special Electronic Surveillance Unit (ESU) were embedded among the protesters for the purposes of conducting video surveillance. Evidence also points to a day of security deficiencies and police provocation for the purpose of entrapment.

According to a report—First Amendment Demonstrations, issued Jan. 3, 2021, by Chief of Police Robert Contee of the Metropolitan Police Department (MPD), Homeland Security Bureau, Special Operations Division, obtained exclusively by The Epoch Times—the MPD began to activate Civil Disturbance Unit (CDU) platoons on Jan. 4, 2021. Full activation of 28 platoons was scheduled to occur on the following two days.

 

[GURPS]

New Mexico judge bans Cowboys for Trump co-founder from holding public office for life​

State District Court Judge Francis Mathew issued the ruling on Tuesday asserting that Griffin had engaged in insurrection and violated the 14th Amendment, according to the Daily Mail. The determination prohibits Griffin from holding or seeking local or federal office and is the first ruling of its kind. The constitutionality of such a ruling will almost certainly be challenged.

“This decision marks the first time since 1869 that a court has disqualified a public official under Section 3, and the first time that any court has ruled the events of January 6, 2021, an insurrection,” Citizens for Ethics noted concerning the ruling.

The elected county commissioner was convicted in federal court of a misdemeanor for entering Capitol grounds on Jan. 6, without going inside the building. He engaged in no violence that day but just because he was there, he was sentenced to 14 days and given credit for time served.

The judge’s ruling under Section 3 of the 14th Amendment removes Griffin from his position as a commissioner in Otero County in southern New Mexico. He is also barred from serving as a presidential elector.