Washington – A federal judge on Monday paved the way for an effort to disqualify Republican Rep. Marjorie Taylor Greene of Georgia for running for re-election for her role in the Jan. 6 assault on the U.S. Capitol.
The challenge to Greene’s candidacy was put forward by a group of five voters in his congressional district who argued that he is not eligible to run for federal office under a provision. of the 14th Amendment which was ratified after the Civil War and was intended to prevent former Confederate officers and officials from returning to public office.
In a challenge filed with Georgia Secretary of State Brad Raffensperger in late March, voters argued that Greene “helped and voluntarily became involved” in the Jan. 6 uprising to obstruct the peaceful transfer of power. which disqualified her from serving as a member of Congress under the constitutional provision.
Greene asked an Atlanta federal court to intervene in the voter group’s effort, asking for a preliminary precautionary measure and a temporary restraining order. But U.S. District Judge Amy Totenberg of the U.S. District Court for the Northern District of Georgia rejected Greene’s request, finding that he could not establish a high probability of success on the legal merits of the case.
“This case involves a whirlwind of constitutional interests of public importance,” Totenberg wrote in his 73-page ruling. “The novelty of the factual and historical position of this case, especially when assessed in the context of a fast-track motion of preliminary demand, has made the resolution of the complex legal issues at stake here especially demanding “.
Greene’s attorney James Bopp did not immediately respond to a request for comment.
Georgia law allows voters to challenge a candidate’s qualifications by filing a written complaint with the Secretary of State stating the reasons why they believe the candidate is not qualified to seek and hold public office. Receipt of the challenge triggers an administrative proceeding before an administrative law judge, scheduled for Friday, during which voters will determine why Greene should be disqualified from running for re-election in the November midterm elections.
After the hearing, the administrative law judge will report his findings to the Secretary of State, who determines whether the candidate is qualified to seek and hold public office. The decision can be appealed to the Fulton County High Court and the Georgia Court of Appeals or the Supreme Court.
In their candidacy challenge to Raffensberger, voters argued that the events of January 6 “amounted to an insurrection or rebellion under Section Three.” [of the 14th Amendment]: a violent and coordinated effort to storm the Capitol to prevent the U.S. Vice President and the U.S. Congress from fulfilling their constitutional roles by certifying President Biden’s victory and by illegally extending the then mandate President Trump, even by illegally introducing illegitimate voters as “alternative lists” for Congress to vote on. “
Evidence, they said, shows that Greene “was encouraged and otherwise involved in efforts to intimidate Congress and the vice president” into rejecting state election votes and subverting the transfer of power.
Voters cited Greene’s comments that a pre-assault demonstration was “our 1776 moment” and that she was involved in planning the January 6 attack or planning the attack. demonstration in the Ellipse in front of the White House, after which a crowd of supporters of former President Donald Trump violently broke the Capitol.
“All of these actions disqualify her from federal office under the disqualification clause in Section 3 of the 14th Amendment,” they argued.
Voters are represented by the Free Speech for People group, which is behind a separate challenge to the candidacy of North Carolina MP Madison Cawthorn based on section 3 of the 14th Amendment. Unlike Greene’s case, a judge in the North Carolina Federal District Court blocked the state Electoral Board from hearing the challenge to Cawthorn’s grades.
Since taking the oath of office as a member of Congress last year, Greene has not shied away from controversy. The House voted last year eliminate Greene of his committee duties due to posts on social media that embrace conspiracy theories and support violence against Democratic Congress leaders.
A staunch ally of Trump, he has also promoted his baseless claims that the 2020 presidential election was rigged against him. His Twitter account was also permanently suspended for violating its misinformation policies on COVID-19.
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