Marjorie Taylor Greene Can Remain on Ballot, Judge Rules
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Marjorie Taylor Greene cannot be barred from running for Congress under the 14th Amendment for her actions on January 6, 2021, a judge has ruled.
State Administrative Law Judge Charles Beaudrot rejected arguments from a group of voters who had sought to prevent Greene, a first-term Republican representative for Georgia’s 14th district, from seeking re-election.
The plaintiffs had claimed that Greene was disqualified from running under Section 3 of the 14th Amendment to the U.S. Constitution. That provision, passed after the Civil War, was intended to bar Confederate officials from seeking public office in the post-war Union.
The plaintiffs’ arguments hinged on the amendment’s text banning those from public office who “have engaged in insurrection or rebellion against the same or given aid and comfort to the enemies thereof.”
Five voters in Greene’s district brought a suit alleging that she, a supporter of former president Donald Trump’s unproven claims that the 2020 presidential election was “stolen” from him, had “given aid and comfort” to persons who stormed the U.S. Capitol on January 6, 2021.
Georgia election law empowers any voter in a constituency to file a written complaint about a candidate’s qualifications, which are then reviewed by a judge. The suit was supported by Free Speech for Us, a national campaign finance and election reform group.
The incident, conducted by a mob of Trump’s supporters, was intended to disrupt the certification of Electoral College votes by Congress of President Joe Biden’s electoral victory. Trump was later impeached yet acquitted by Congress for “incitement of insurrection” for a speech he delivered near the White House prior to the attack, where he repeated his claims of the election being “rigged.” However, neither he nor many rioters who entered the Capitol grounds have been charged with insurrection under the U.S. Code.
Greene, herself, is facing no criminal charges in connection with the event.
Ron Fein, a lawyer for the plaintiffs, claimed that evidence of Greene’s culpability arose from her TV interview the day prior, when she said that a planned rally outside the Capitol would “be our 1776 moment,” a reference to the American Revolution. “It turned out to be our 1861 moment,” he said, in reference to the Civil War.
Greene’s lawyer, James Bopp, meanwhile claimed that Greene had engaged in protected political speech and was, herself, a victim of the Capitol attack – having been in the House Chamber during the incident. Greene, herself, testified in the proceedings under oath, repeating the unproven claims of massive voter fraud but denying culpability.
Per state elections law, the decision now goes to Georgia Secretary of State Brad Raffensperger, the state’s top elections authority, who may decide to exclude Greene from the ballot. The decision is appealable to the Fulton County Superior Court in Georgia.
Greene has previously been at the center of several controversies regarding her speech and conduct while in Congress. She is facing a primary challenge from five candidates, whose election will be held on May 24, 2022.
Raffensperger is also facing a primary challenge on the same day from pro-Trump candidates, who have criticized his unwillingness to support the former president’s allegations regarding the state’s electoral process in 2020.
