Democrats seek to disqualify Republicans using an obscure constitutional provision

2E9MPMC U.S. Representative Marjorie Taylor Greene (R-GA) speaks to the media on House Vote Regarding her Committee Assignments on Capitol Hill in Washington on February 5, 2021. Photo by Yuri Gripas/ABACAPRESS.COM

Photo: Alamy

With the midterms rapidly approaching, Republicans are poised to do very well. Knowing this, Democrats are doing their best to prevent various Republicans from running or appearing on the ballot by using an obscure provision in the Constitution.

According to Section 3 of the 14th Amendment:

“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.”

Relying on this provision, specific individuals and groups have sued various Republicans, including GOP Rep. Marjorie Taylor Greene, based on their alleged involvement in the Jan. 6, 2021 attack on the United States Capitol.

Just recently, a federal judge appointed by Barack Obama allowed a case brought against Greene by several Georgia voters to proceed, saying that the case “involves a whirlpool of colliding constitutional interests of public import.”

As a result, Greene will now have to testify in front of a state administrative law judge in Atlanta about the events surrounding the Jan. 6 attack. The hearing will take place on Friday and will be covered by Right Side Broadcasting Network.

Greene insists that she has done nothing wrong. In a recent interview with Tucker Carlson, Greene said, “I have to go to court on Friday and actually be questioned about something I’ve never been charged with and something I was completely against.”

In a separate interview with ABC News affiliate WTVC, Greene called the legal challenge a “scam.” According to Greene, “All I did was what I’m legally and allowed to do by the Constitution as a member of Congress, and that was I objected to Joe Biden’s Electoral College votes from a few states.”

In addition to Greene, other Republicans are in the crosshairs. According to Axios, Trump-appointed U.S. District Judge Richard Myers blocked a similar case brought against Rep. Madison Cawthorn, R-N.C.

Additionally, as reported by ABC News:

“Similar challenges are being brought against GOP Reps. Paul Gosar and Andy Biggs of Arizona and theoretically could be brought against Trump if he decides to run for office again in 2024.

As of now, nine challenges have been filed against candidates across the country and more are expected to be filed in the coming months.”

In an article in The Hill, published early this year, Jonathan Turley correctly warned that Democrats’ loose talk of disqualification was dangerous. Turley was entirely correct. In essence, Democrats are trying to disqualify Republicans for allegedly supporting or encouraging the Jan. 6 “insurrection” because they face the very strong possibility of losing control of one or both chambers of Congress come November.

Mr. Hakim is an attorney and columnist. His articles have been published in The Washington Examiner, The Daily Caller, The Federalist, American Thinker, and other online publications. He is also a regular guest on OANN’s Tipping Point, and has appeared on Newsmax, The Dave Weinbaum Show, and Real America’s Voice. 

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