Sunday, April 10, 2022

Judge Likely To Allow January 6-Related GA Candidacy Challenge

Georgia Republicans have a Marjorie Taylor Greene Problem.

A Federal Judge, signaled Friday, that she'll likely allow a Group of Georgia Voters, to move forward with their Constitutional Challenge against Rep. Marjorie Taylor Greene (R-14th District), which claims she can't run for Reelection because she aided the January 6th Insurrectionists.

Federal Judge Amy Totenberg of the Northern District of Georgia, said during a lengthy hearing, that she has "significant questions and concerns" about a recent Ruling in a similar Case, which Blocked the same Challenge against Rep. Madison Cawthorn (R-NC-11th District), by a Lower Court, but a Higher Court stayed, and now deciding the Case.

A Federal Appeals Court has Revived a Constitutional Challenge to Cawthorn’s Right-to-Run for Reelection because, of his Support for Insurrectionists who Attacked the Capitol on Jan. 6th, 2021.

A group of Georgia Voters, backed by a Coalition of Constitutional Scholars and Liberal Activists, lodged the Challenge against Greene last month, with State Election Officials. Greene then filed her own Lawsuit in Federal Court, asking Totenberg to shut down the State-level Proceedings. Totenberg said she will issue a ruling next week, likely on Monday.

That's Two days before a State Judge is scheduled to hold a Hearing on the underlying question of whether Greene Engaged in or Aided the January 6th, 2021, Insurrection and whether that Disqualifies her from Office.

James Bopp Jr., a Conservative Lawyer who is representing Greene, said the Challenge was "50 pages of newspaper articles, hearsay and political hyperbole." He warned during the Court Hearing that if the Challenge is allowed to proceed, it will embolden Liberal Groups to try to Disqualify Trump from Running for Reelection in 2024.

The Hearing Friday, was the latest chapter in the seemingly elusive efforts to hold prominent GOP Officials responsible for January 6th, which are playing out in a Major Congressional Inquiry, a Federal Criminal Probe that has largely focused on the Rioters themselves and Civil Litigation.

The 14th Amendment of the U.S. Constitution Prohibits Officeholders from returning to Elected Positions, if they Supported an Insurrection. The Challengers claim that Greene can't run for Reelection because she "aided" the January 6th Insurrection, allegedly Planned with Protest Organizers, and "encouraged" the Violence that Disrupted the Electoral College Certification. They cited Greene's own Comments, including One Video where she explicitly said she Opposed the Peaceful Transfer of Power to President Biden "because he did not win this election."

Lawyers for Greene say she isn't an Insurrectionist and that Disqualifying her would Violate her First Amendment Rights.

The Anti-Greene Challenge, was brought by the same groups that are trying to Remove Cawthorn from the GOP Primary Ballot in North Carolina.

"I don't think that the Amnesty Act likely was prospective," Totenberg said, siding with the Challengers, who said the 1872 Law was Retrospective and didn't protect Future Insurrectionists. Bryan Sells, Attorney for the Challengers, who are backed by the Legal Advocacy group, Free Speech For People, piled on, saying, "The absurdity of his argument shines through like a beacon."

Greene hired the same Lawyer, Bopp. He said Removing Greene from the Ballot would be akin to "stripping voters of their right to vote and upending democracy right before an election."

A Hearing in the underlying Disqualification Case is scheduled for Wednesday in Atlanta, where a State Administrative Judge, will determine if Greene is Qualified to Appear on the GOP Primary Ballot.

The Election is May 25th, and Counties will start Mailing Absentee Ballots later this month. The Administrative Judge, already Rejected a Request for Greene to Testify at a Deposition.

The Challengers also demanded that she turn over a wide array of Documents related to the 2020 Election and January 6th, including any emails she may have Exchanged with Rally Organizers or Members of Extremist groups, that were involved in the Attack. Greene Opposes these efforts.

NYC Wins When Everyone Can Vote! Michael H. Drucker

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