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Attempt to bar Marjorie Taylor Greene from Congress can proceed, judge says

  

Category:  News & Politics

Via:  hallux  •  2 years ago  •  14 comments

By:   The Guardian

Attempt to bar Marjorie Taylor Greene from Congress can proceed, judge says
Federal judge cites ‘whirlpool of colliding constitutional interests’ in allowing 14th-amendment challenge to far-right Republican

S E E D E D   C O N T E N T



An  attempt  to bar the far-right Republican Marjorie Taylor Greene from Congress over her support for the January 6 attack can proceed, a federal judge said.

Citing   “a whirlpool of colliding constitutional interests of public import”, Amy Totenberg of the northern district of Georgia   sent   the case on to a state hearing on Friday.

A coalition of liberal groups is behind the   challenge , citing the 14th amendment to the US constitution, passed after the civil war.

The amendment 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 … 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.”

Supporters of Donald Trump attacked the US Capitol on 6 January 2021, seeking to stop certification of his defeat by Joe Biden. A bipartisan Senate committee   connected   seven deaths to the riot. About 800 people have been charged, some with seditious conspiracy.

Trump was impeached for inciting an insurrection. Acquitted, he is free to run again.

Organisers of events in Washington on January 6 have tied Greene to their efforts. Greene has denied such links and said she does not encourage violence.

In October, however, she told a radio show: “January 6 was just a riot at the Capitol and if you think about what our Declaration of Independence says, it says to overthrow tyrants.”

In the immediate aftermath of the Capitol attack, Greene was one of 147 Republicans in Congress who objected to results in battleground states, an effort inspired by   Trump’s lies about electoral fraud .

An effort to use the 14th amendment against Madison Cawthorn, an extremist from North Carolina, was unsuccessful, after a judge ruled an 1872 civil war amnesty law was not merely retroactive.

In her ruling on Greene’s attempt to dismiss her challenge, on Monday,   Totenberg said : “This case involves a whirlpool of colliding constitutional interests of public import. Upon a thorough analysis of each of the claims asserted in this case, the court concludes that [Greene] has not carried her burden of persuasion.”

Even if a state judge rules against Greene, she could challenge the ruling. The   Georgia   primary is on 25 May, cutting time short. Greene seems likely to win re-election

Writing for the Guardian  this month, the Georgetown University professor Thomas Zimmer said: “Greene’s position within the Republican party seems secure … in fact, Greene is the poster child of a rising group of rightwing radicals … [not] shy about their intention to purge whatever vestiges of ‘moderate’ conservatism might still exist within the Republican party.”

One of the groups behind the challenge to Greene is Free Speech for the People. In January, the group’s legal director, Ron Fein,   told the Guardian   the group aimed to set “a line that says that just as the framers of the 14th amendment wrote and intended, you can’t take an oath to support the constitution and then facilitate an insurrection against the United States while expecting to pursue public office”.

On Monday, Fein said: “We look forward to asking Representative Greene about her involvement [in January 6] under oath.”

Mike Rasbury, an activist with the Bernie Sanders-affiliated Our Revolution group and a plaintiff in the lawsuit against Greene, said he was “elated” by Totenberg’s ruling.

Greene, Rasbury said, “took an oath of office to protect democracy from all enemies foreign and domestic, just as I did when I became a helicopter pilot for the US army in Vietnam. However, she has flippantly ignored this oath and, based on her role in the January 6 insurrection, is disqualified … from holding any future public office”.


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Hallux
PhD Principal
1  seeder  Hallux    2 years ago

The liberal groups who took this to court are politically stupid. Ms. Greene is the priceless poster child for the insane faction of the Republican Party.

 
 
 
Buzz of the Orient
Professor Expert
1.1  Buzz of the Orient  replied to  Hallux @1    2 years ago

I agree.  Even die-hard Republicans wouldn't want to make fools of themselves by supporting her in a primary.  Although it could be a benefit for a Democrat vying for that seat to have her as the opposition.  Surely normal voting Americans aren't as weird as she is.,

 
 
 
Texan1211
Professor Principal
1.2  Texan1211  replied to  Hallux @1    2 years ago
The liberal groups who took this to court are politically stupid.

No doubt about it.

And really, the word "politically" isn't even necessary.

 
 
 
Hallux
PhD Principal
1.2.1  seeder  Hallux  replied to  Texan1211 @1.2    2 years ago

"And really", there is no doubt about the second sentence. 

 
 
 
Texan1211
Professor Principal
1.2.2  Texan1211  replied to  Hallux @1.2.1    2 years ago

Kind of like The Squad is the Democratic equivalent.

 
 
 
Hallux
PhD Principal
1.2.3  seeder  Hallux  replied to  Texan1211 @1.2.2    2 years ago

All political parties have their 'Squads'. Up here in the Great White there are 5-6 major federal parties and they all have their Squads. Hell some of them have 2 or more.

 
 
 
Texan1211
Professor Principal
1.2.4  Texan1211  replied to  Hallux @1.2.3    2 years ago
All political parties have their 'Squads'. Up here in the Great White there are 5-6 major federal parties and they all have their Squads. Hell some of them have 2 or more.

Excellent--that was my point--every party has its own nutcases.

 
 
 
Hallux
PhD Principal
1.2.5  seeder  Hallux  replied to  Texan1211 @1.2.4    2 years ago
Excellent--that was my point

That is questionable, you made a 4 to 1 comparison.

 
 
 
JBB
Professor Principal
1.2.6  JBB  replied to  Texan1211 @1.2.4    2 years ago

Which Democrats conspired to organize a violent insurrection to overthrow the will of the Americanviters in a Presidential election?

 
 
 
Texan1211
Professor Principal
1.2.7  Texan1211  replied to  Hallux @1.2.5    2 years ago
That is questionable, you made a 4 to 1 comparison.

Each member of The Squad can stand alone against MTG.

Try not to read too much into what you think I meant.

 
 
 
squiggy
Junior Silent
1.2.8  squiggy  replied to  Texan1211 @1.2    2 years ago

It's just more liberal intolerance - where outsiders manipulate district voters. The right hasn't acted to remove progressive starlets.

 
 
 
JBB
Professor Principal
1.2.9  JBB  replied to  squiggy @1.2.8    2 years ago

They tried and failed miserably. Both AOC and Ilhan Omar were reelected by large margins...

 
 
 
squiggy
Junior Silent
1.2.10  squiggy  replied to  JBB @1.2.9    2 years ago

"Both AOC and Ilhan Omar were reelected by large margins..."

Yes. Thank you very much. Representatives are empowered by their district's voters - not determined by some outside adversary.

 
 
 
Texan1211
Professor Principal
1.2.11  Texan1211  replied to  JBB @1.2.9    2 years ago
They tried and failed miserably. Both AOC and Ilhan Omar were reelected by large margins.

Yes, they were. Shocking, huh?

Here:

Pelosi slams Ocasio-Cortez, says "a glass of water with a D" could have won her seat · The Floridian (floridianpress.com)

Congrats, they are as popular as a glass of water!

 
 

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