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It's time to enforce the Constitution and ban seditious Republicans from Congress
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Sep 9, 2022 08:21:19   #
Milosia2 Loc: Cleveland Ohio
 
It's time to enforce the Constitution and ban seditious Republicans from Congress
Thom Hartmann, Independent Media Institute
September 09, 2022

It's time to enforce the Constitution and ban seditious Republicans from Congress
Congresswoman Marjorie Taylor Greene(R-GA) holds a press conference to call for the dismissal of Dr. Anthony Fauci on Capitol Hill in Washington, DC, on June 15, 2021. (Photo by JIM WATSON / AFP)

This article was paid for by Raw Story subscribers. Not a subscriber? Try us and go ad-free for $1. Prefer to give a one-time tip? Click here.

Before I even get into the guts of this argument, just ask yourself: if Democratic Members of Congress had engaged in a seditious conspiracy to overthrow our government to put or keep a Democratic president in power against both the popular vote and the Electoral College, and Republicans controlled Congress right now, what would those Republicans be doing?

It’s time to enforce the Constitution, and a judge in New Mexico just kicked off the process. Democrats need to jump on this with the vigor of Trump crashing a Miss Teen USA dressing room.




The 14th Amendment to the Constitution clearly says that if an elected official “shall have engaged in insurrection or rebellion” against the United States and the laws of the United states, “or given aid or comfort to the enemies thereof,” that elected official may not “hold any office, civil or military” including those who are “a member of Congress,” a member of “any State legislature” or “an executive or judicial office of any state.”

It was ratified on July 9, 1868, after the Civil War, so courts could prevent traitors from the Confederacy from serving in any political office, and expel those who may have made it through over the years. With a two-thirds vote of both the House and the Senate, the 14th amendment says, such former insurrectionists could be re-admitted, but that’s a pretty high bar.


The last time the Amendment was used was in May of 1869, when a Black man named Caesar Griffin was arrested and convicted of a crime and then appealed the conviction because, he claimed, the judge in the case — a former Confederate slave-holder and the Speaker of the Virginia House when that state seceded from the Union — was illegally a judge because, as a legislator, he had given “aid and comfort” to the Confederate “insurrection” against the United States.

The courts agreed and the Judge, Hugh W. Sheffey, was forced to resign his seat in the winter of 1869 when he refused to pledge allegiance to the US; he went back to practicing law in Staunton, Virginia until his death. The accused criminal, Caesar Griffin, was re-prosecuted by a different non-traitor judge for a slightly different charge (to avoid double jeopardy) and ended up back in prison.


This week a court in New Mexico revived the issue, kicking Couy Griffin out of his seat as an Otero County commissioner based on that provision of the 14th Amendment.

Join Raw Story Investigates. Go AD-Free.
While he tried to defend himself by claiming that he’d not engaged in any violence while in the Capitol on January 6th and that he had a First Amendment “free speech” right to hold political office on the county commission, District Court Judge Francis Mathew was having none of it.

By simply being there on January 6th and offering encouragement to his more violent colleagues in the insurrection, the court determined, he more than met the criteria of “giving aid and comfort” to the people directly engaged in violent insurrection.


Five members of the current Congress have so far been charged under this provision of the 14th Amendment: Madison Cawthorn, Marjorie Taylor Greene, Paul Gosar, Andy Biggs, and Jim Banks.

The charges against Cawthorn were thrown out because, just four years after the 14th Amendment was ratified, President Ulysses Grant determined it wasn’t effective and was, in fact, aiding Klan recruiting: Congress granted a general amnesty to all but the most senior members of the Confederacy with the Amnesty Act of 1872.

That law decreed that:


“[A]ll political disabilities imposed by the third section of the fourteenth article of amendments of the Constitution of the United States are hereby removed from all persons whomsoever, except Senators and Representatives of the thirty-sixth and thirty-seventh Congresses , officers in the judicial, military, and naval service of the United States, heads of departments, and foreign ministers of the United States.”

Cawthorn argued, and U.S. District Judge Richard E. Myers II — a Trump-appointed Federalist Society judge — agreed, that the Amnesty Act not only pardoned all the traitorous Confederates of that time but pre-pardoned all future traitors to the United States, even though the law says no such thing.

As Ron Fein, legal director of Free Speech For People (who participated in the case), said of the Trump-appointed judge’s decision:


“According to this court ruling, the 1872 amnesty law, by a trick of wording that — although no one noticed it at the time, or in the 150 years since — completely undermined Congress’s careful decision to write the insurrectionist disqualification clause to apply to future insurrections. This is patently absurd.”

Marjorie Taylor Green’s case went to Fulton County Superior Court Chief Judge Christopher S. Brasher, who recently partially retired after being accused of verbally attacking a Black defendant before his court by “physically pointing at her, angrily raising his voice, and turning visibly red.”

Judge Brasher found that “there is no evidence to show that Rep. Greene participated in the invasion itself,” and refused to allow the parties arguing she should be kept off the ballot to engage in discovery, which, they argued, could have turned up both her alleged text messages to insurrection organizers and her open statements to the public in support of the insurrection.


“[P]re-hearing discovery is improper,” Judge Brasher ruled, while blocking access to evidence of her possible crimes and freeing Greene to run for re-election.

The challenge to Congressman Jim Banks, a major Trump supporter, was heard before the Indiana Elections Commission, which ruled 4-0 that he could remain on the ballot. Banks’ lawyer argued that “Congressman Banks has publicly commented that he did not support that conduct, nor did he engage in it, and he has also called for the prosecution of unlawful conduct that occurred that day.”

That argument — essentially that he didn’t participate in the insurrection and later disapproved of it — was apparently enough for the commissioners. After being confirmed on the ballot, Banks, who voted against certifying President Biden’s election, released a belligerent statement, saying:


“Many Democrats in Washington hope to weaponize the 14th amendment to disenfranchise President Trump’s 74 million voters. I hope they watched today’s unanimous decision.”

The case against Biggs and Gosar was shot down by an Arizona judge who argued that even though the Constitution outlaws such behavior through the 14th Amendment, Congress never passed implementing legislation. Because of this failure, he said, this was an issue for Congress to resolve rather than the courts.

“Therefore, given the current state of the law and in accordance with the United States Constitution,” wrote Maricopa County Superior Court Judge Christopher Coury, “plaintiffs have no private right of action to assert claims under the disqualification clause. … The text of the Constitution is mandatory,” Coury wrote. “It sets forth the single arbiter of the qualifications of members of Congress; that single arbiter is Congress.”


So, right now, the score is 5-1, although all the cases of members of Congress who were allowed to continue to run for office were, arguably, tainted by politics or brought in weak venues like Banks’ election commission or Coury’s “not my responsibility” courtroom.

But what about members of the House and Senate who, we’re finding, were actually in direct communication with the armed insurrectionists or Trump’s henchmen?

Multiple Senators and House members were texting and carrying on phone calls with Trump and Giuliani on and immediately before the attack, as the January 6th Select Committee has found. Some were even talking with Trump or his people during the peak of the January 6th attack.


Others, like Lauren Boebert, stand accused of tweeting the location (or absence thereof) of Nancy Pelosi and other members of Congress as the Republican mob attacked with the clear intent to kill Pelosi and Pence.



The case of Couy Griffin was the easiest to prosecute under the 14th Amendment because he was caught in the act on January 6th and later convicted of it in court; the others were less directly involved or, if they were, apparently Trump-sympathetic judges refused to allow evidence to be entered in court.

But as more and more evidence becomes public of Republican members of the House and Senate being directly or closely involved in this first attack on Washington, DC since the War of 1812, the pressure to deprive them of their ability to stay in Congress will grow.

As mentioned in the opening paragraph of this article, if it had been Hillary Clinton who’d worked to seize the White House in 2016, you can bet that blocking her collaborators in Congress would be the least of the efforts Republicans would have undertaken. She’d more likely be facing the fate of Julius and Ethel Rosenberg, along with any Congressional co-conspirators.

President Biden has correctly identified these people as “semi-fascists” and called them out to their faces. Now Democrats in Congress — particularly as more information comes out through the January 6th Committee and the efforts of the FBI — need to take the gloves off and challenge the right of insurrectionists and those giving them “aid and comfort” to continue to serve in Congress.

Article 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.

Reply
Sep 9, 2022 08:35:06   #
Liberty Tree
 
Milosia2 wrote:
It's time to enforce the Constitution and ban seditious Republicans from Congress
Thom Hartmann, Independent Media Institute
September 09, 2022

It's time to enforce the Constitution and ban seditious Republicans from Congress
Congresswoman Marjorie Taylor Greene(R-GA) holds a press conference to call for the dismissal of Dr. Anthony Fauci on Capitol Hill in Washington, DC, on June 15, 2021. (Photo by JIM WATSON / AFP)

This article was paid for by Raw Story subscribers. Not a subscriber? Try us and go ad-free for $1. Prefer to give a one-time tip? Click here.

Before I even get into the guts of this argument, just ask yourself: if Democratic Members of Congress had engaged in a seditious conspiracy to overthrow our government to put or keep a Democratic president in power against both the popular vote and the Electoral College, and Republicans controlled Congress right now, what would those Republicans be doing?

It’s time to enforce the Constitution, and a judge in New Mexico just kicked off the process. Democrats need to jump on this with the vigor of Trump crashing a Miss Teen USA dressing room.




The 14th Amendment to the Constitution clearly says that if an elected official “shall have engaged in insurrection or rebellion” against the United States and the laws of the United states, “or given aid or comfort to the enemies thereof,” that elected official may not “hold any office, civil or military” including those who are “a member of Congress,” a member of “any State legislature” or “an executive or judicial office of any state.”

It was ratified on July 9, 1868, after the Civil War, so courts could prevent traitors from the Confederacy from serving in any political office, and expel those who may have made it through over the years. With a two-thirds vote of both the House and the Senate, the 14th amendment says, such former insurrectionists could be re-admitted, but that’s a pretty high bar.


The last time the Amendment was used was in May of 1869, when a Black man named Caesar Griffin was arrested and convicted of a crime and then appealed the conviction because, he claimed, the judge in the case — a former Confederate slave-holder and the Speaker of the Virginia House when that state seceded from the Union — was illegally a judge because, as a legislator, he had given “aid and comfort” to the Confederate “insurrection” against the United States.

The courts agreed and the Judge, Hugh W. Sheffey, was forced to resign his seat in the winter of 1869 when he refused to pledge allegiance to the US; he went back to practicing law in Staunton, Virginia until his death. The accused criminal, Caesar Griffin, was re-prosecuted by a different non-traitor judge for a slightly different charge (to avoid double jeopardy) and ended up back in prison.


This week a court in New Mexico revived the issue, kicking Couy Griffin out of his seat as an Otero County commissioner based on that provision of the 14th Amendment.

Join Raw Story Investigates. Go AD-Free.
While he tried to defend himself by claiming that he’d not engaged in any violence while in the Capitol on January 6th and that he had a First Amendment “free speech” right to hold political office on the county commission, District Court Judge Francis Mathew was having none of it.

By simply being there on January 6th and offering encouragement to his more violent colleagues in the insurrection, the court determined, he more than met the criteria of “giving aid and comfort” to the people directly engaged in violent insurrection.


Five members of the current Congress have so far been charged under this provision of the 14th Amendment: Madison Cawthorn, Marjorie Taylor Greene, Paul Gosar, Andy Biggs, and Jim Banks.

The charges against Cawthorn were thrown out because, just four years after the 14th Amendment was ratified, President Ulysses Grant determined it wasn’t effective and was, in fact, aiding Klan recruiting: Congress granted a general amnesty to all but the most senior members of the Confederacy with the Amnesty Act of 1872.

That law decreed that:


“[A]ll political disabilities imposed by the third section of the fourteenth article of amendments of the Constitution of the United States are hereby removed from all persons whomsoever, except Senators and Representatives of the thirty-sixth and thirty-seventh Congresses , officers in the judicial, military, and naval service of the United States, heads of departments, and foreign ministers of the United States.”

Cawthorn argued, and U.S. District Judge Richard E. Myers II — a Trump-appointed Federalist Society judge — agreed, that the Amnesty Act not only pardoned all the traitorous Confederates of that time but pre-pardoned all future traitors to the United States, even though the law says no such thing.

As Ron Fein, legal director of Free Speech For People (who participated in the case), said of the Trump-appointed judge’s decision:


“According to this court ruling, the 1872 amnesty law, by a trick of wording that — although no one noticed it at the time, or in the 150 years since — completely undermined Congress’s careful decision to write the insurrectionist disqualification clause to apply to future insurrections. This is patently absurd.”

Marjorie Taylor Green’s case went to Fulton County Superior Court Chief Judge Christopher S. Brasher, who recently partially retired after being accused of verbally attacking a Black defendant before his court by “physically pointing at her, angrily raising his voice, and turning visibly red.”

Judge Brasher found that “there is no evidence to show that Rep. Greene participated in the invasion itself,” and refused to allow the parties arguing she should be kept off the ballot to engage in discovery, which, they argued, could have turned up both her alleged text messages to insurrection organizers and her open statements to the public in support of the insurrection.


“[P]re-hearing discovery is improper,” Judge Brasher ruled, while blocking access to evidence of her possible crimes and freeing Greene to run for re-election.

The challenge to Congressman Jim Banks, a major Trump supporter, was heard before the Indiana Elections Commission, which ruled 4-0 that he could remain on the ballot. Banks’ lawyer argued that “Congressman Banks has publicly commented that he did not support that conduct, nor did he engage in it, and he has also called for the prosecution of unlawful conduct that occurred that day.”

That argument — essentially that he didn’t participate in the insurrection and later disapproved of it — was apparently enough for the commissioners. After being confirmed on the ballot, Banks, who voted against certifying President Biden’s election, released a belligerent statement, saying:


“Many Democrats in Washington hope to weaponize the 14th amendment to disenfranchise President Trump’s 74 million voters. I hope they watched today’s unanimous decision.”

The case against Biggs and Gosar was shot down by an Arizona judge who argued that even though the Constitution outlaws such behavior through the 14th Amendment, Congress never passed implementing legislation. Because of this failure, he said, this was an issue for Congress to resolve rather than the courts.

“Therefore, given the current state of the law and in accordance with the United States Constitution,” wrote Maricopa County Superior Court Judge Christopher Coury, “plaintiffs have no private right of action to assert claims under the disqualification clause. … The text of the Constitution is mandatory,” Coury wrote. “It sets forth the single arbiter of the qualifications of members of Congress; that single arbiter is Congress.”


So, right now, the score is 5-1, although all the cases of members of Congress who were allowed to continue to run for office were, arguably, tainted by politics or brought in weak venues like Banks’ election commission or Coury’s “not my responsibility” courtroom.

But what about members of the House and Senate who, we’re finding, were actually in direct communication with the armed insurrectionists or Trump’s henchmen?

Multiple Senators and House members were texting and carrying on phone calls with Trump and Giuliani on and immediately before the attack, as the January 6th Select Committee has found. Some were even talking with Trump or his people during the peak of the January 6th attack.


Others, like Lauren Boebert, stand accused of tweeting the location (or absence thereof) of Nancy Pelosi and other members of Congress as the Republican mob attacked with the clear intent to kill Pelosi and Pence.



The case of Couy Griffin was the easiest to prosecute under the 14th Amendment because he was caught in the act on January 6th and later convicted of it in court; the others were less directly involved or, if they were, apparently Trump-sympathetic judges refused to allow evidence to be entered in court.

But as more and more evidence becomes public of Republican members of the House and Senate being directly or closely involved in this first attack on Washington, DC since the War of 1812, the pressure to deprive them of their ability to stay in Congress will grow.

As mentioned in the opening paragraph of this article, if it had been Hillary Clinton who’d worked to seize the White House in 2016, you can bet that blocking her collaborators in Congress would be the least of the efforts Republicans would have undertaken. She’d more likely be facing the fate of Julius and Ethel Rosenberg, along with any Congressional co-conspirators.

President Biden has correctly identified these people as “semi-fascists” and called them out to their faces. Now Democrats in Congress — particularly as more information comes out through the January 6th Committee and the efforts of the FBI — need to take the gloves off and challenge the right of insurrectionists and those giving them “aid and comfort” to continue to serve in Congress.

Article 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.
It's time to enforce the Constitution and ban sedi... (show quote)


More RawStory BS NWR

Reply
Sep 9, 2022 08:37:56   #
fastforwardr1
 
TDS must be spreading on opp and becoming more vile.

Reply
 
 
Sep 9, 2022 09:21:25   #
Wonttakeitanymore
 
Milosia2 wrote:
It's time to enforce the Constitution and ban seditious Republicans from Congress
Thom Hartmann, Independent Media Institute
September 09, 2022

It's time to enforce the Constitution and ban seditious Republicans from Congress
Congresswoman Marjorie Taylor Greene(R-GA) holds a press conference to call for the dismissal of Dr. Anthony Fauci on Capitol Hill in Washington, DC, on June 15, 2021. (Photo by JIM WATSON / AFP)

This article was paid for by Raw Story subscribers. Not a subscriber? Try us and go ad-free for $1. Prefer to give a one-time tip? Click here.

Before I even get into the guts of this argument, just ask yourself: if Democratic Members of Congress had engaged in a seditious conspiracy to overthrow our government to put or keep a Democratic president in power against both the popular vote and the Electoral College, and Republicans controlled Congress right now, what would those Republicans be doing?

It’s time to enforce the Constitution, and a judge in New Mexico just kicked off the process. Democrats need to jump on this with the vigor of Trump crashing a Miss Teen USA dressing room.




The 14th Amendment to the Constitution clearly says that if an elected official “shall have engaged in insurrection or rebellion” against the United States and the laws of the United states, “or given aid or comfort to the enemies thereof,” that elected official may not “hold any office, civil or military” including those who are “a member of Congress,” a member of “any State legislature” or “an executive or judicial office of any state.”

It was ratified on July 9, 1868, after the Civil War, so courts could prevent traitors from the Confederacy from serving in any political office, and expel those who may have made it through over the years. With a two-thirds vote of both the House and the Senate, the 14th amendment says, such former insurrectionists could be re-admitted, but that’s a pretty high bar.


The last time the Amendment was used was in May of 1869, when a Black man named Caesar Griffin was arrested and convicted of a crime and then appealed the conviction because, he claimed, the judge in the case — a former Confederate slave-holder and the Speaker of the Virginia House when that state seceded from the Union — was illegally a judge because, as a legislator, he had given “aid and comfort” to the Confederate “insurrection” against the United States.

The courts agreed and the Judge, Hugh W. Sheffey, was forced to resign his seat in the winter of 1869 when he refused to pledge allegiance to the US; he went back to practicing law in Staunton, Virginia until his death. The accused criminal, Caesar Griffin, was re-prosecuted by a different non-traitor judge for a slightly different charge (to avoid double jeopardy) and ended up back in prison.


This week a court in New Mexico revived the issue, kicking Couy Griffin out of his seat as an Otero County commissioner based on that provision of the 14th Amendment.

Join Raw Story Investigates. Go AD-Free.
While he tried to defend himself by claiming that he’d not engaged in any violence while in the Capitol on January 6th and that he had a First Amendment “free speech” right to hold political office on the county commission, District Court Judge Francis Mathew was having none of it.

By simply being there on January 6th and offering encouragement to his more violent colleagues in the insurrection, the court determined, he more than met the criteria of “giving aid and comfort” to the people directly engaged in violent insurrection.


Five members of the current Congress have so far been charged under this provision of the 14th Amendment: Madison Cawthorn, Marjorie Taylor Greene, Paul Gosar, Andy Biggs, and Jim Banks.

The charges against Cawthorn were thrown out because, just four years after the 14th Amendment was ratified, President Ulysses Grant determined it wasn’t effective and was, in fact, aiding Klan recruiting: Congress granted a general amnesty to all but the most senior members of the Confederacy with the Amnesty Act of 1872.

That law decreed that:


“[A]ll political disabilities imposed by the third section of the fourteenth article of amendments of the Constitution of the United States are hereby removed from all persons whomsoever, except Senators and Representatives of the thirty-sixth and thirty-seventh Congresses , officers in the judicial, military, and naval service of the United States, heads of departments, and foreign ministers of the United States.”

Cawthorn argued, and U.S. District Judge Richard E. Myers II — a Trump-appointed Federalist Society judge — agreed, that the Amnesty Act not only pardoned all the traitorous Confederates of that time but pre-pardoned all future traitors to the United States, even though the law says no such thing.

As Ron Fein, legal director of Free Speech For People (who participated in the case), said of the Trump-appointed judge’s decision:


“According to this court ruling, the 1872 amnesty law, by a trick of wording that — although no one noticed it at the time, or in the 150 years since — completely undermined Congress’s careful decision to write the insurrectionist disqualification clause to apply to future insurrections. This is patently absurd.”

Marjorie Taylor Green’s case went to Fulton County Superior Court Chief Judge Christopher S. Brasher, who recently partially retired after being accused of verbally attacking a Black defendant before his court by “physically pointing at her, angrily raising his voice, and turning visibly red.”

Judge Brasher found that “there is no evidence to show that Rep. Greene participated in the invasion itself,” and refused to allow the parties arguing she should be kept off the ballot to engage in discovery, which, they argued, could have turned up both her alleged text messages to insurrection organizers and her open statements to the public in support of the insurrection.


“[P]re-hearing discovery is improper,” Judge Brasher ruled, while blocking access to evidence of her possible crimes and freeing Greene to run for re-election.

The challenge to Congressman Jim Banks, a major Trump supporter, was heard before the Indiana Elections Commission, which ruled 4-0 that he could remain on the ballot. Banks’ lawyer argued that “Congressman Banks has publicly commented that he did not support that conduct, nor did he engage in it, and he has also called for the prosecution of unlawful conduct that occurred that day.”

That argument — essentially that he didn’t participate in the insurrection and later disapproved of it — was apparently enough for the commissioners. After being confirmed on the ballot, Banks, who voted against certifying President Biden’s election, released a belligerent statement, saying:


“Many Democrats in Washington hope to weaponize the 14th amendment to disenfranchise President Trump’s 74 million voters. I hope they watched today’s unanimous decision.”

The case against Biggs and Gosar was shot down by an Arizona judge who argued that even though the Constitution outlaws such behavior through the 14th Amendment, Congress never passed implementing legislation. Because of this failure, he said, this was an issue for Congress to resolve rather than the courts.

“Therefore, given the current state of the law and in accordance with the United States Constitution,” wrote Maricopa County Superior Court Judge Christopher Coury, “plaintiffs have no private right of action to assert claims under the disqualification clause. … The text of the Constitution is mandatory,” Coury wrote. “It sets forth the single arbiter of the qualifications of members of Congress; that single arbiter is Congress.”


So, right now, the score is 5-1, although all the cases of members of Congress who were allowed to continue to run for office were, arguably, tainted by politics or brought in weak venues like Banks’ election commission or Coury’s “not my responsibility” courtroom.

But what about members of the House and Senate who, we’re finding, were actually in direct communication with the armed insurrectionists or Trump’s henchmen?

Multiple Senators and House members were texting and carrying on phone calls with Trump and Giuliani on and immediately before the attack, as the January 6th Select Committee has found. Some were even talking with Trump or his people during the peak of the January 6th attack.


Others, like Lauren Boebert, stand accused of tweeting the location (or absence thereof) of Nancy Pelosi and other members of Congress as the Republican mob attacked with the clear intent to kill Pelosi and Pence.



The case of Couy Griffin was the easiest to prosecute under the 14th Amendment because he was caught in the act on January 6th and later convicted of it in court; the others were less directly involved or, if they were, apparently Trump-sympathetic judges refused to allow evidence to be entered in court.

But as more and more evidence becomes public of Republican members of the House and Senate being directly or closely involved in this first attack on Washington, DC since the War of 1812, the pressure to deprive them of their ability to stay in Congress will grow.

As mentioned in the opening paragraph of this article, if it had been Hillary Clinton who’d worked to seize the White House in 2016, you can bet that blocking her collaborators in Congress would be the least of the efforts Republicans would have undertaken. She’d more likely be facing the fate of Julius and Ethel Rosenberg, along with any Congressional co-conspirators.

President Biden has correctly identified these people as “semi-fascists” and called them out to their faces. Now Democrats in Congress — particularly as more information comes out through the January 6th Committee and the efforts of the FBI — need to take the gloves off and challenge the right of insurrectionists and those giving them “aid and comfort” to continue to serve in Congress.

Article 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.
It's time to enforce the Constitution and ban sedi... (show quote)


NWr! As always! U guys cheated , nuff said

Reply
Sep 9, 2022 09:28:58   #
JR-57 Loc: South Carolina
 
Milosia2 wrote:
It's time to enforce the Constitution and ban seditious Republicans from Congress
Thom Hartmann, Independent Media Institute
September 09, 2022

It's time to enforce the Constitution and ban seditious Republicans from Congress
Congresswoman Marjorie Taylor Greene(R-GA) holds a press conference to call for the dismissal of Dr. Anthony Fauci on Capitol Hill in Washington, DC, on June 15, 2021. (Photo by JIM WATSON / AFP)

This article was paid for by Raw Story subscribers. Not a subscriber? Try us and go ad-free for $1. Prefer to give a one-time tip? Click here.

Before I even get into the guts of this argument, just ask yourself: if Democratic Members of Congress had engaged in a seditious conspiracy to overthrow our government to put or keep a Democratic president in power against both the popular vote and the Electoral College, and Republicans controlled Congress right now, what would those Republicans be doing?

It’s time to enforce the Constitution, and a judge in New Mexico just kicked off the process. Democrats need to jump on this with the vigor of Trump crashing a Miss Teen USA dressing room.




The 14th Amendment to the Constitution clearly says that if an elected official “shall have engaged in insurrection or rebellion” against the United States and the laws of the United states, “or given aid or comfort to the enemies thereof,” that elected official may not “hold any office, civil or military” including those who are “a member of Congress,” a member of “any State legislature” or “an executive or judicial office of any state.”

It was ratified on July 9, 1868, after the Civil War, so courts could prevent traitors from the Confederacy from serving in any political office, and expel those who may have made it through over the years. With a two-thirds vote of both the House and the Senate, the 14th amendment says, such former insurrectionists could be re-admitted, but that’s a pretty high bar.


The last time the Amendment was used was in May of 1869, when a Black man named Caesar Griffin was arrested and convicted of a crime and then appealed the conviction because, he claimed, the judge in the case — a former Confederate slave-holder and the Speaker of the Virginia House when that state seceded from the Union — was illegally a judge because, as a legislator, he had given “aid and comfort” to the Confederate “insurrection” against the United States.

The courts agreed and the Judge, Hugh W. Sheffey, was forced to resign his seat in the winter of 1869 when he refused to pledge allegiance to the US; he went back to practicing law in Staunton, Virginia until his death. The accused criminal, Caesar Griffin, was re-prosecuted by a different non-traitor judge for a slightly different charge (to avoid double jeopardy) and ended up back in prison.


This week a court in New Mexico revived the issue, kicking Couy Griffin out of his seat as an Otero County commissioner based on that provision of the 14th Amendment.

Join Raw Story Investigates. Go AD-Free.
While he tried to defend himself by claiming that he’d not engaged in any violence while in the Capitol on January 6th and that he had a First Amendment “free speech” right to hold political office on the county commission, District Court Judge Francis Mathew was having none of it.

By simply being there on January 6th and offering encouragement to his more violent colleagues in the insurrection, the court determined, he more than met the criteria of “giving aid and comfort” to the people directly engaged in violent insurrection.


Five members of the current Congress have so far been charged under this provision of the 14th Amendment: Madison Cawthorn, Marjorie Taylor Greene, Paul Gosar, Andy Biggs, and Jim Banks.

The charges against Cawthorn were thrown out because, just four years after the 14th Amendment was ratified, President Ulysses Grant determined it wasn’t effective and was, in fact, aiding Klan recruiting: Congress granted a general amnesty to all but the most senior members of the Confederacy with the Amnesty Act of 1872.

That law decreed that:


“[A]ll political disabilities imposed by the third section of the fourteenth article of amendments of the Constitution of the United States are hereby removed from all persons whomsoever, except Senators and Representatives of the thirty-sixth and thirty-seventh Congresses , officers in the judicial, military, and naval service of the United States, heads of departments, and foreign ministers of the United States.”

Cawthorn argued, and U.S. District Judge Richard E. Myers II — a Trump-appointed Federalist Society judge — agreed, that the Amnesty Act not only pardoned all the traitorous Confederates of that time but pre-pardoned all future traitors to the United States, even though the law says no such thing.

As Ron Fein, legal director of Free Speech For People (who participated in the case), said of the Trump-appointed judge’s decision:


“According to this court ruling, the 1872 amnesty law, by a trick of wording that — although no one noticed it at the time, or in the 150 years since — completely undermined Congress’s careful decision to write the insurrectionist disqualification clause to apply to future insurrections. This is patently absurd.”

Marjorie Taylor Green’s case went to Fulton County Superior Court Chief Judge Christopher S. Brasher, who recently partially retired after being accused of verbally attacking a Black defendant before his court by “physically pointing at her, angrily raising his voice, and turning visibly red.”

Judge Brasher found that “there is no evidence to show that Rep. Greene participated in the invasion itself,” and refused to allow the parties arguing she should be kept off the ballot to engage in discovery, which, they argued, could have turned up both her alleged text messages to insurrection organizers and her open statements to the public in support of the insurrection.


“[P]re-hearing discovery is improper,” Judge Brasher ruled, while blocking access to evidence of her possible crimes and freeing Greene to run for re-election.

The challenge to Congressman Jim Banks, a major Trump supporter, was heard before the Indiana Elections Commission, which ruled 4-0 that he could remain on the ballot. Banks’ lawyer argued that “Congressman Banks has publicly commented that he did not support that conduct, nor did he engage in it, and he has also called for the prosecution of unlawful conduct that occurred that day.”

That argument — essentially that he didn’t participate in the insurrection and later disapproved of it — was apparently enough for the commissioners. After being confirmed on the ballot, Banks, who voted against certifying President Biden’s election, released a belligerent statement, saying:


“Many Democrats in Washington hope to weaponize the 14th amendment to disenfranchise President Trump’s 74 million voters. I hope they watched today’s unanimous decision.”

The case against Biggs and Gosar was shot down by an Arizona judge who argued that even though the Constitution outlaws such behavior through the 14th Amendment, Congress never passed implementing legislation. Because of this failure, he said, this was an issue for Congress to resolve rather than the courts.

“Therefore, given the current state of the law and in accordance with the United States Constitution,” wrote Maricopa County Superior Court Judge Christopher Coury, “plaintiffs have no private right of action to assert claims under the disqualification clause. … The text of the Constitution is mandatory,” Coury wrote. “It sets forth the single arbiter of the qualifications of members of Congress; that single arbiter is Congress.”


So, right now, the score is 5-1, although all the cases of members of Congress who were allowed to continue to run for office were, arguably, tainted by politics or brought in weak venues like Banks’ election commission or Coury’s “not my responsibility” courtroom.

But what about members of the House and Senate who, we’re finding, were actually in direct communication with the armed insurrectionists or Trump’s henchmen?

Multiple Senators and House members were texting and carrying on phone calls with Trump and Giuliani on and immediately before the attack, as the January 6th Select Committee has found. Some were even talking with Trump or his people during the peak of the January 6th attack.


Others, like Lauren Boebert, stand accused of tweeting the location (or absence thereof) of Nancy Pelosi and other members of Congress as the Republican mob attacked with the clear intent to kill Pelosi and Pence.



The case of Couy Griffin was the easiest to prosecute under the 14th Amendment because he was caught in the act on January 6th and later convicted of it in court; the others were less directly involved or, if they were, apparently Trump-sympathetic judges refused to allow evidence to be entered in court.

But as more and more evidence becomes public of Republican members of the House and Senate being directly or closely involved in this first attack on Washington, DC since the War of 1812, the pressure to deprive them of their ability to stay in Congress will grow.

As mentioned in the opening paragraph of this article, if it had been Hillary Clinton who’d worked to seize the White House in 2016, you can bet that blocking her collaborators in Congress would be the least of the efforts Republicans would have undertaken. She’d more likely be facing the fate of Julius and Ethel Rosenberg, along with any Congressional co-conspirators.

President Biden has correctly identified these people as “semi-fascists” and called them out to their faces. Now Democrats in Congress — particularly as more information comes out through the January 6th Committee and the efforts of the FBI — need to take the gloves off and challenge the right of insurrectionists and those giving them “aid and comfort” to continue to serve in Congress.

Article 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.
It's time to enforce the Constitution and ban sedi... (show quote)

The public display of twisted and or false accusations is very boring. Present your evidence using accurate word definitions and file the charges. Y’all are wasting time and money dragging your feet on filing the charges. Why is it taking you so long? It must be frustrating for you to see all the so called conservative offenses and corruption and each day nothing happening to correct it. You either have the proof to convict or you don’t. Or maybe those whining about the same are completely incompetent and can’t get the job done.

Reply
Sep 9, 2022 09:39:24   #
microphor Loc: Home is TN
 
Milosia2 wrote:
It's time to enforce the Constitution and ban seditious Republicans from Congress
Thom Hartmann, Independent Media Institute
September 09, 2022

It's time to enforce the Constitution and ban seditious Republicans from Congress
Congresswoman Marjorie Taylor Greene(R-GA) holds a press conference to call for the dismissal of Dr. Anthony Fauci on Capitol Hill in Washington, DC, on June 15, 2021. (Photo by JIM WATSON / AFP)

This article was paid for by Raw Story subscribers. Not a subscriber? Try us and go ad-free for $1. Prefer to give a one-time tip? Click here.

Before I even get into the guts of this argument, just ask yourself: if Democratic Members of Congress had engaged in a seditious conspiracy to overthrow our government to put or keep a Democratic president in power against both the popular vote and the Electoral College, and Republicans controlled Congress right now, what would those Republicans be doing?

It’s time to enforce the Constitution, and a judge in New Mexico just kicked off the process. Democrats need to jump on this with the vigor of Trump crashing a Miss Teen USA dressing room.




The 14th Amendment to the Constitution clearly says that if an elected official “shall have engaged in insurrection or rebellion” against the United States and the laws of the United states, “or given aid or comfort to the enemies thereof,” that elected official may not “hold any office, civil or military” including those who are “a member of Congress,” a member of “any State legislature” or “an executive or judicial office of any state.”

It was ratified on July 9, 1868, after the Civil War, so courts could prevent traitors from the Confederacy from serving in any political office, and expel those who may have made it through over the years. With a two-thirds vote of both the House and the Senate, the 14th amendment says, such former insurrectionists could be re-admitted, but that’s a pretty high bar.


The last time the Amendment was used was in May of 1869, when a Black man named Caesar Griffin was arrested and convicted of a crime and then appealed the conviction because, he claimed, the judge in the case — a former Confederate slave-holder and the Speaker of the Virginia House when that state seceded from the Union — was illegally a judge because, as a legislator, he had given “aid and comfort” to the Confederate “insurrection” against the United States.

The courts agreed and the Judge, Hugh W. Sheffey, was forced to resign his seat in the winter of 1869 when he refused to pledge allegiance to the US; he went back to practicing law in Staunton, Virginia until his death. The accused criminal, Caesar Griffin, was re-prosecuted by a different non-traitor judge for a slightly different charge (to avoid double jeopardy) and ended up back in prison.


This week a court in New Mexico revived the issue, kicking Couy Griffin out of his seat as an Otero County commissioner based on that provision of the 14th Amendment.

Join Raw Story Investigates. Go AD-Free.
While he tried to defend himself by claiming that he’d not engaged in any violence while in the Capitol on January 6th and that he had a First Amendment “free speech” right to hold political office on the county commission, District Court Judge Francis Mathew was having none of it.

By simply being there on January 6th and offering encouragement to his more violent colleagues in the insurrection, the court determined, he more than met the criteria of “giving aid and comfort” to the people directly engaged in violent insurrection.


Five members of the current Congress have so far been charged under this provision of the 14th Amendment: Madison Cawthorn, Marjorie Taylor Greene, Paul Gosar, Andy Biggs, and Jim Banks.

The charges against Cawthorn were thrown out because, just four years after the 14th Amendment was ratified, President Ulysses Grant determined it wasn’t effective and was, in fact, aiding Klan recruiting: Congress granted a general amnesty to all but the most senior members of the Confederacy with the Amnesty Act of 1872.

That law decreed that:


“[A]ll political disabilities imposed by the third section of the fourteenth article of amendments of the Constitution of the United States are hereby removed from all persons whomsoever, except Senators and Representatives of the thirty-sixth and thirty-seventh Congresses , officers in the judicial, military, and naval service of the United States, heads of departments, and foreign ministers of the United States.”

Cawthorn argued, and U.S. District Judge Richard E. Myers II — a Trump-appointed Federalist Society judge — agreed, that the Amnesty Act not only pardoned all the traitorous Confederates of that time but pre-pardoned all future traitors to the United States, even though the law says no such thing.

As Ron Fein, legal director of Free Speech For People (who participated in the case), said of the Trump-appointed judge’s decision:


“According to this court ruling, the 1872 amnesty law, by a trick of wording that — although no one noticed it at the time, or in the 150 years since — completely undermined Congress’s careful decision to write the insurrectionist disqualification clause to apply to future insurrections. This is patently absurd.”

Marjorie Taylor Green’s case went to Fulton County Superior Court Chief Judge Christopher S. Brasher, who recently partially retired after being accused of verbally attacking a Black defendant before his court by “physically pointing at her, angrily raising his voice, and turning visibly red.”

Judge Brasher found that “there is no evidence to show that Rep. Greene participated in the invasion itself,” and refused to allow the parties arguing she should be kept off the ballot to engage in discovery, which, they argued, could have turned up both her alleged text messages to insurrection organizers and her open statements to the public in support of the insurrection.


“[P]re-hearing discovery is improper,” Judge Brasher ruled, while blocking access to evidence of her possible crimes and freeing Greene to run for re-election.

The challenge to Congressman Jim Banks, a major Trump supporter, was heard before the Indiana Elections Commission, which ruled 4-0 that he could remain on the ballot. Banks’ lawyer argued that “Congressman Banks has publicly commented that he did not support that conduct, nor did he engage in it, and he has also called for the prosecution of unlawful conduct that occurred that day.”

That argument — essentially that he didn’t participate in the insurrection and later disapproved of it — was apparently enough for the commissioners. After being confirmed on the ballot, Banks, who voted against certifying President Biden’s election, released a belligerent statement, saying:


“Many Democrats in Washington hope to weaponize the 14th amendment to disenfranchise President Trump’s 74 million voters. I hope they watched today’s unanimous decision.”

The case against Biggs and Gosar was shot down by an Arizona judge who argued that even though the Constitution outlaws such behavior through the 14th Amendment, Congress never passed implementing legislation. Because of this failure, he said, this was an issue for Congress to resolve rather than the courts.

“Therefore, given the current state of the law and in accordance with the United States Constitution,” wrote Maricopa County Superior Court Judge Christopher Coury, “plaintiffs have no private right of action to assert claims under the disqualification clause. … The text of the Constitution is mandatory,” Coury wrote. “It sets forth the single arbiter of the qualifications of members of Congress; that single arbiter is Congress.”


So, right now, the score is 5-1, although all the cases of members of Congress who were allowed to continue to run for office were, arguably, tainted by politics or brought in weak venues like Banks’ election commission or Coury’s “not my responsibility” courtroom.

But what about members of the House and Senate who, we’re finding, were actually in direct communication with the armed insurrectionists or Trump’s henchmen?

Multiple Senators and House members were texting and carrying on phone calls with Trump and Giuliani on and immediately before the attack, as the January 6th Select Committee has found. Some were even talking with Trump or his people during the peak of the January 6th attack.


Others, like Lauren Boebert, stand accused of tweeting the location (or absence thereof) of Nancy Pelosi and other members of Congress as the Republican mob attacked with the clear intent to kill Pelosi and Pence.



The case of Couy Griffin was the easiest to prosecute under the 14th Amendment because he was caught in the act on January 6th and later convicted of it in court; the others were less directly involved or, if they were, apparently Trump-sympathetic judges refused to allow evidence to be entered in court.

But as more and more evidence becomes public of Republican members of the House and Senate being directly or closely involved in this first attack on Washington, DC since the War of 1812, the pressure to deprive them of their ability to stay in Congress will grow.

As mentioned in the opening paragraph of this article, if it had been Hillary Clinton who’d worked to seize the White House in 2016, you can bet that blocking her collaborators in Congress would be the least of the efforts Republicans would have undertaken. She’d more likely be facing the fate of Julius and Ethel Rosenberg, along with any Congressional co-conspirators.

President Biden has correctly identified these people as “semi-fascists” and called them out to their faces. Now Democrats in Congress — particularly as more information comes out through the January 6th Committee and the efforts of the FBI — need to take the gloves off and challenge the right of insurrectionists and those giving them “aid and comfort” to continue to serve in Congress.

Article 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.
It's time to enforce the Constitution and ban sedi... (show quote)


Would that include the democrats turning their cities over to thugs like mostly peaceful criminals like Antifa and BLM to burn, loot and kill with support from the likes of Harris and Waters among others. OR will you say that's not the same thing, I suspect you will!

Reply
Sep 9, 2022 10:01:13   #
336Robin Loc: North Carolina
 
Milosia2 wrote:
It's time to enforce the Constitution and ban seditious Republicans from Congress
Thom Hartmann, Independent Media Institute
September 09, 2022

It's time to enforce the Constitution and ban seditious Republicans from Congress
Congresswoman Marjorie Taylor Greene(R-GA) holds a press conference to call for the dismissal of Dr. Anthony Fauci on Capitol Hill in Washington, DC, on June 15, 2021. (Photo by JIM WATSON / AFP)

This article was paid for by Raw Story subscribers. Not a subscriber? Try us and go ad-free for $1. Prefer to give a one-time tip? Click here.

Before I even get into the guts of this argument, just ask yourself: if Democratic Members of Congress had engaged in a seditious conspiracy to overthrow our government to put or keep a Democratic president in power against both the popular vote and the Electoral College, and Republicans controlled Congress right now, what would those Republicans be doing?

It’s time to enforce the Constitution, and a judge in New Mexico just kicked off the process. Democrats need to jump on this with the vigor of Trump crashing a Miss Teen USA dressing room.




The 14th Amendment to the Constitution clearly says that if an elected official “shall have engaged in insurrection or rebellion” against the United States and the laws of the United states, “or given aid or comfort to the enemies thereof,” that elected official may not “hold any office, civil or military” including those who are “a member of Congress,” a member of “any State legislature” or “an executive or judicial office of any state.”

It was ratified on July 9, 1868, after the Civil War, so courts could prevent traitors from the Confederacy from serving in any political office, and expel those who may have made it through over the years. With a two-thirds vote of both the House and the Senate, the 14th amendment says, such former insurrectionists could be re-admitted, but that’s a pretty high bar.


The last time the Amendment was used was in May of 1869, when a Black man named Caesar Griffin was arrested and convicted of a crime and then appealed the conviction because, he claimed, the judge in the case — a former Confederate slave-holder and the Speaker of the Virginia House when that state seceded from the Union — was illegally a judge because, as a legislator, he had given “aid and comfort” to the Confederate “insurrection” against the United States.

The courts agreed and the Judge, Hugh W. Sheffey, was forced to resign his seat in the winter of 1869 when he refused to pledge allegiance to the US; he went back to practicing law in Staunton, Virginia until his death. The accused criminal, Caesar Griffin, was re-prosecuted by a different non-traitor judge for a slightly different charge (to avoid double jeopardy) and ended up back in prison.


This week a court in New Mexico revived the issue, kicking Couy Griffin out of his seat as an Otero County commissioner based on that provision of the 14th Amendment.

Join Raw Story Investigates. Go AD-Free.
While he tried to defend himself by claiming that he’d not engaged in any violence while in the Capitol on January 6th and that he had a First Amendment “free speech” right to hold political office on the county commission, District Court Judge Francis Mathew was having none of it.

By simply being there on January 6th and offering encouragement to his more violent colleagues in the insurrection, the court determined, he more than met the criteria of “giving aid and comfort” to the people directly engaged in violent insurrection.


Five members of the current Congress have so far been charged under this provision of the 14th Amendment: Madison Cawthorn, Marjorie Taylor Greene, Paul Gosar, Andy Biggs, and Jim Banks.

The charges against Cawthorn were thrown out because, just four years after the 14th Amendment was ratified, President Ulysses Grant determined it wasn’t effective and was, in fact, aiding Klan recruiting: Congress granted a general amnesty to all but the most senior members of the Confederacy with the Amnesty Act of 1872.

That law decreed that:


“[A]ll political disabilities imposed by the third section of the fourteenth article of amendments of the Constitution of the United States are hereby removed from all persons whomsoever, except Senators and Representatives of the thirty-sixth and thirty-seventh Congresses , officers in the judicial, military, and naval service of the United States, heads of departments, and foreign ministers of the United States.”

Cawthorn argued, and U.S. District Judge Richard E. Myers II — a Trump-appointed Federalist Society judge — agreed, that the Amnesty Act not only pardoned all the traitorous Confederates of that time but pre-pardoned all future traitors to the United States, even though the law says no such thing.

As Ron Fein, legal director of Free Speech For People (who participated in the case), said of the Trump-appointed judge’s decision:


“According to this court ruling, the 1872 amnesty law, by a trick of wording that — although no one noticed it at the time, or in the 150 years since — completely undermined Congress’s careful decision to write the insurrectionist disqualification clause to apply to future insurrections. This is patently absurd.”

Marjorie Taylor Green’s case went to Fulton County Superior Court Chief Judge Christopher S. Brasher, who recently partially retired after being accused of verbally attacking a Black defendant before his court by “physically pointing at her, angrily raising his voice, and turning visibly red.”

Judge Brasher found that “there is no evidence to show that Rep. Greene participated in the invasion itself,” and refused to allow the parties arguing she should be kept off the ballot to engage in discovery, which, they argued, could have turned up both her alleged text messages to insurrection organizers and her open statements to the public in support of the insurrection.


“[P]re-hearing discovery is improper,” Judge Brasher ruled, while blocking access to evidence of her possible crimes and freeing Greene to run for re-election.

The challenge to Congressman Jim Banks, a major Trump supporter, was heard before the Indiana Elections Commission, which ruled 4-0 that he could remain on the ballot. Banks’ lawyer argued that “Congressman Banks has publicly commented that he did not support that conduct, nor did he engage in it, and he has also called for the prosecution of unlawful conduct that occurred that day.”

That argument — essentially that he didn’t participate in the insurrection and later disapproved of it — was apparently enough for the commissioners. After being confirmed on the ballot, Banks, who voted against certifying President Biden’s election, released a belligerent statement, saying:


“Many Democrats in Washington hope to weaponize the 14th amendment to disenfranchise President Trump’s 74 million voters. I hope they watched today’s unanimous decision.”

The case against Biggs and Gosar was shot down by an Arizona judge who argued that even though the Constitution outlaws such behavior through the 14th Amendment, Congress never passed implementing legislation. Because of this failure, he said, this was an issue for Congress to resolve rather than the courts.

“Therefore, given the current state of the law and in accordance with the United States Constitution,” wrote Maricopa County Superior Court Judge Christopher Coury, “plaintiffs have no private right of action to assert claims under the disqualification clause. … The text of the Constitution is mandatory,” Coury wrote. “It sets forth the single arbiter of the qualifications of members of Congress; that single arbiter is Congress.”


So, right now, the score is 5-1, although all the cases of members of Congress who were allowed to continue to run for office were, arguably, tainted by politics or brought in weak venues like Banks’ election commission or Coury’s “not my responsibility” courtroom.

But what about members of the House and Senate who, we’re finding, were actually in direct communication with the armed insurrectionists or Trump’s henchmen?

Multiple Senators and House members were texting and carrying on phone calls with Trump and Giuliani on and immediately before the attack, as the January 6th Select Committee has found. Some were even talking with Trump or his people during the peak of the January 6th attack.


Others, like Lauren Boebert, stand accused of tweeting the location (or absence thereof) of Nancy Pelosi and other members of Congress as the Republican mob attacked with the clear intent to kill Pelosi and Pence.



The case of Couy Griffin was the easiest to prosecute under the 14th Amendment because he was caught in the act on January 6th and later convicted of it in court; the others were less directly involved or, if they were, apparently Trump-sympathetic judges refused to allow evidence to be entered in court.

But as more and more evidence becomes public of Republican members of the House and Senate being directly or closely involved in this first attack on Washington, DC since the War of 1812, the pressure to deprive them of their ability to stay in Congress will grow.

As mentioned in the opening paragraph of this article, if it had been Hillary Clinton who’d worked to seize the White House in 2016, you can bet that blocking her collaborators in Congress would be the least of the efforts Republicans would have undertaken. She’d more likely be facing the fate of Julius and Ethel Rosenberg, along with any Congressional co-conspirators.

President Biden has correctly identified these people as “semi-fascists” and called them out to their faces. Now Democrats in Congress — particularly as more information comes out through the January 6th Committee and the efforts of the FBI — need to take the gloves off and challenge the right of insurrectionists and those giving them “aid and comfort” to continue to serve in Congress.

Article 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.
It's time to enforce the Constitution and ban sedi... (show quote)


If we find missing classified documents in places they shouldn't be, then I suspect more than Sedition will be in play.

Reply
 
 
Sep 9, 2022 10:05:03   #
JR-57 Loc: South Carolina
 
336Robin wrote:
If we find missing classified documents in places they shouldn't be, then I suspect more than Sedition will be in play.

If? Is your “we gottem’ this time” confidence waining? I’m sensing some doubt creeping in. It must be so frustrating for you. All hyped up and no where to go, so many many times.

Reply
Sep 9, 2022 10:23:03   #
Milosia2 Loc: Cleveland Ohio
 
Liberty Tree wrote:
More RawStory BS NWR


Lol !
Raw story didn’t write it .
It purchased it , like they do from independent journalists.
It may or may not reflect the idiom of
Raw Story. But, they will not buy bullchit .
Unlike Fsux Nouse .

Reply
Sep 9, 2022 10:44:12   #
nwtk2007 Loc: Texas
 
Milosia2 wrote:
It's time to enforce the Constitution and ban seditious Republicans from Congress
Thom Hartmann, Independent Media Institute
September 09, 2022

It's time to enforce the Constitution and ban seditious Republicans from Congress
Congresswoman Marjorie Taylor Greene(R-GA) holds a press conference to call for the dismissal of Dr. Anthony Fauci on Capitol Hill in Washington, DC, on June 15, 2021. (Photo by JIM WATSON / AFP)

This article was paid for by Raw Story subscribers. Not a subscriber? Try us and go ad-free for $1. Prefer to give a one-time tip? Click here.

Before I even get into the guts of this argument, just ask yourself: if Democratic Members of Congress had engaged in a seditious conspiracy to overthrow our government to put or keep a Democratic president in power against both the popular vote and the Electoral College, and Republicans controlled Congress right now, what would those Republicans be doing?

It’s time to enforce the Constitution, and a judge in New Mexico just kicked off the process. Democrats need to jump on this with the vigor of Trump crashing a Miss Teen USA dressing room.




The 14th Amendment to the Constitution clearly says that if an elected official “shall have engaged in insurrection or rebellion” against the United States and the laws of the United states, “or given aid or comfort to the enemies thereof,” that elected official may not “hold any office, civil or military” including those who are “a member of Congress,” a member of “any State legislature” or “an executive or judicial office of any state.”

It was ratified on July 9, 1868, after the Civil War, so courts could prevent traitors from the Confederacy from serving in any political office, and expel those who may have made it through over the years. With a two-thirds vote of both the House and the Senate, the 14th amendment says, such former insurrectionists could be re-admitted, but that’s a pretty high bar.


The last time the Amendment was used was in May of 1869, when a Black man named Caesar Griffin was arrested and convicted of a crime and then appealed the conviction because, he claimed, the judge in the case — a former Confederate slave-holder and the Speaker of the Virginia House when that state seceded from the Union — was illegally a judge because, as a legislator, he had given “aid and comfort” to the Confederate “insurrection” against the United States.

The courts agreed and the Judge, Hugh W. Sheffey, was forced to resign his seat in the winter of 1869 when he refused to pledge allegiance to the US; he went back to practicing law in Staunton, Virginia until his death. The accused criminal, Caesar Griffin, was re-prosecuted by a different non-traitor judge for a slightly different charge (to avoid double jeopardy) and ended up back in prison.


This week a court in New Mexico revived the issue, kicking Couy Griffin out of his seat as an Otero County commissioner based on that provision of the 14th Amendment.

Join Raw Story Investigates. Go AD-Free.
While he tried to defend himself by claiming that he’d not engaged in any violence while in the Capitol on January 6th and that he had a First Amendment “free speech” right to hold political office on the county commission, District Court Judge Francis Mathew was having none of it.

By simply being there on January 6th and offering encouragement to his more violent colleagues in the insurrection, the court determined, he more than met the criteria of “giving aid and comfort” to the people directly engaged in violent insurrection.


Five members of the current Congress have so far been charged under this provision of the 14th Amendment: Madison Cawthorn, Marjorie Taylor Greene, Paul Gosar, Andy Biggs, and Jim Banks.

The charges against Cawthorn were thrown out because, just four years after the 14th Amendment was ratified, President Ulysses Grant determined it wasn’t effective and was, in fact, aiding Klan recruiting: Congress granted a general amnesty to all but the most senior members of the Confederacy with the Amnesty Act of 1872.

That law decreed that:


“[A]ll political disabilities imposed by the third section of the fourteenth article of amendments of the Constitution of the United States are hereby removed from all persons whomsoever, except Senators and Representatives of the thirty-sixth and thirty-seventh Congresses , officers in the judicial, military, and naval service of the United States, heads of departments, and foreign ministers of the United States.”

Cawthorn argued, and U.S. District Judge Richard E. Myers II — a Trump-appointed Federalist Society judge — agreed, that the Amnesty Act not only pardoned all the traitorous Confederates of that time but pre-pardoned all future traitors to the United States, even though the law says no such thing.

As Ron Fein, legal director of Free Speech For People (who participated in the case), said of the Trump-appointed judge’s decision:


“According to this court ruling, the 1872 amnesty law, by a trick of wording that — although no one noticed it at the time, or in the 150 years since — completely undermined Congress’s careful decision to write the insurrectionist disqualification clause to apply to future insurrections. This is patently absurd.”

Marjorie Taylor Green’s case went to Fulton County Superior Court Chief Judge Christopher S. Brasher, who recently partially retired after being accused of verbally attacking a Black defendant before his court by “physically pointing at her, angrily raising his voice, and turning visibly red.”

Judge Brasher found that “there is no evidence to show that Rep. Greene participated in the invasion itself,” and refused to allow the parties arguing she should be kept off the ballot to engage in discovery, which, they argued, could have turned up both her alleged text messages to insurrection organizers and her open statements to the public in support of the insurrection.


“[P]re-hearing discovery is improper,” Judge Brasher ruled, while blocking access to evidence of her possible crimes and freeing Greene to run for re-election.

The challenge to Congressman Jim Banks, a major Trump supporter, was heard before the Indiana Elections Commission, which ruled 4-0 that he could remain on the ballot. Banks’ lawyer argued that “Congressman Banks has publicly commented that he did not support that conduct, nor did he engage in it, and he has also called for the prosecution of unlawful conduct that occurred that day.”

That argument — essentially that he didn’t participate in the insurrection and later disapproved of it — was apparently enough for the commissioners. After being confirmed on the ballot, Banks, who voted against certifying President Biden’s election, released a belligerent statement, saying:


“Many Democrats in Washington hope to weaponize the 14th amendment to disenfranchise President Trump’s 74 million voters. I hope they watched today’s unanimous decision.”

The case against Biggs and Gosar was shot down by an Arizona judge who argued that even though the Constitution outlaws such behavior through the 14th Amendment, Congress never passed implementing legislation. Because of this failure, he said, this was an issue for Congress to resolve rather than the courts.

“Therefore, given the current state of the law and in accordance with the United States Constitution,” wrote Maricopa County Superior Court Judge Christopher Coury, “plaintiffs have no private right of action to assert claims under the disqualification clause. … The text of the Constitution is mandatory,” Coury wrote. “It sets forth the single arbiter of the qualifications of members of Congress; that single arbiter is Congress.”


So, right now, the score is 5-1, although all the cases of members of Congress who were allowed to continue to run for office were, arguably, tainted by politics or brought in weak venues like Banks’ election commission or Coury’s “not my responsibility” courtroom.

But what about members of the House and Senate who, we’re finding, were actually in direct communication with the armed insurrectionists or Trump’s henchmen?

Multiple Senators and House members were texting and carrying on phone calls with Trump and Giuliani on and immediately before the attack, as the January 6th Select Committee has found. Some were even talking with Trump or his people during the peak of the January 6th attack.


Others, like Lauren Boebert, stand accused of tweeting the location (or absence thereof) of Nancy Pelosi and other members of Congress as the Republican mob attacked with the clear intent to kill Pelosi and Pence.



The case of Couy Griffin was the easiest to prosecute under the 14th Amendment because he was caught in the act on January 6th and later convicted of it in court; the others were less directly involved or, if they were, apparently Trump-sympathetic judges refused to allow evidence to be entered in court.

But as more and more evidence becomes public of Republican members of the House and Senate being directly or closely involved in this first attack on Washington, DC since the War of 1812, the pressure to deprive them of their ability to stay in Congress will grow.

As mentioned in the opening paragraph of this article, if it had been Hillary Clinton who’d worked to seize the White House in 2016, you can bet that blocking her collaborators in Congress would be the least of the efforts Republicans would have undertaken. She’d more likely be facing the fate of Julius and Ethel Rosenberg, along with any Congressional co-conspirators.

President Biden has correctly identified these people as “semi-fascists” and called them out to their faces. Now Democrats in Congress — particularly as more information comes out through the January 6th Committee and the efforts of the FBI — need to take the gloves off and challenge the right of insurrectionists and those giving them “aid and comfort” to continue to serve in Congress.

Article 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.
It's time to enforce the Constitution and ban sedi... (show quote)


Total word salad.

Reply
Sep 9, 2022 10:54:02   #
Bevvy
 
Milosia2 wrote:
It's time to enforce the Constitution and ban seditious Republicans from Congress
Thom Hartmann, Independent Media Institute
September 09, 2022

It's time to enforce the Constitution and ban seditious Republicans from Congress
Congresswoman Marjorie Taylor Greene(R-GA) holds a press conference to call for the dismissal of Dr. Anthony Fauci on Capitol Hill in Washington, DC, on June 15, 2021. (Photo by JIM WATSON / AFP)

This article was paid for by Raw Story subscribers. Not a subscriber? Try us and go ad-free for $1. Prefer to give a one-time tip? Click here.

Before I even get into the guts of this argument, just ask yourself: if Democratic Members of Congress had engaged in a seditious conspiracy to overthrow our government to put or keep a Democratic president in power against both the popular vote and the Electoral College, and Republicans controlled Congress right now, what would those Republicans be doing?

It’s time to enforce the Constitution, and a judge in New Mexico just kicked off the process. Democrats need to jump on this with the vigor of Trump crashing a Miss Teen USA dressing room.




The 14th Amendment to the Constitution clearly says that if an elected official “shall have engaged in insurrection or rebellion” against the United States and the laws of the United states, “or given aid or comfort to the enemies thereof,” that elected official may not “hold any office, civil or military” including those who are “a member of Congress,” a member of “any State legislature” or “an executive or judicial office of any state.”

It was ratified on July 9, 1868, after the Civil War, so courts could prevent traitors from the Confederacy from serving in any political office, and expel those who may have made it through over the years. With a two-thirds vote of both the House and the Senate, the 14th amendment says, such former insurrectionists could be re-admitted, but that’s a pretty high bar.


The last time the Amendment was used was in May of 1869, when a Black man named Caesar Griffin was arrested and convicted of a crime and then appealed the conviction because, he claimed, the judge in the case — a former Confederate slave-holder and the Speaker of the Virginia House when that state seceded from the Union — was illegally a judge because, as a legislator, he had given “aid and comfort” to the Confederate “insurrection” against the United States.

The courts agreed and the Judge, Hugh W. Sheffey, was forced to resign his seat in the winter of 1869 when he refused to pledge allegiance to the US; he went back to practicing law in Staunton, Virginia until his death. The accused criminal, Caesar Griffin, was re-prosecuted by a different non-traitor judge for a slightly different charge (to avoid double jeopardy) and ended up back in prison.


This week a court in New Mexico revived the issue, kicking Couy Griffin out of his seat as an Otero County commissioner based on that provision of the 14th Amendment.

Join Raw Story Investigates. Go AD-Free.
While he tried to defend himself by claiming that he’d not engaged in any violence while in the Capitol on January 6th and that he had a First Amendment “free speech” right to hold political office on the county commission, District Court Judge Francis Mathew was having none of it.

By simply being there on January 6th and offering encouragement to his more violent colleagues in the insurrection, the court determined, he more than met the criteria of “giving aid and comfort” to the people directly engaged in violent insurrection.


Five members of the current Congress have so far been charged under this provision of the 14th Amendment: Madison Cawthorn, Marjorie Taylor Greene, Paul Gosar, Andy Biggs, and Jim Banks.

The charges against Cawthorn were thrown out because, just four years after the 14th Amendment was ratified, President Ulysses Grant determined it wasn’t effective and was, in fact, aiding Klan recruiting: Congress granted a general amnesty to all but the most senior members of the Confederacy with the Amnesty Act of 1872.

That law decreed that:


“[A]ll political disabilities imposed by the third section of the fourteenth article of amendments of the Constitution of the United States are hereby removed from all persons whomsoever, except Senators and Representatives of the thirty-sixth and thirty-seventh Congresses , officers in the judicial, military, and naval service of the United States, heads of departments, and foreign ministers of the United States.”

Cawthorn argued, and U.S. District Judge Richard E. Myers II — a Trump-appointed Federalist Society judge — agreed, that the Amnesty Act not only pardoned all the traitorous Confederates of that time but pre-pardoned all future traitors to the United States, even though the law says no such thing.

As Ron Fein, legal director of Free Speech For People (who participated in the case), said of the Trump-appointed judge’s decision:


“According to this court ruling, the 1872 amnesty law, by a trick of wording that — although no one noticed it at the time, or in the 150 years since — completely undermined Congress’s careful decision to write the insurrectionist disqualification clause to apply to future insurrections. This is patently absurd.”

Marjorie Taylor Green’s case went to Fulton County Superior Court Chief Judge Christopher S. Brasher, who recently partially retired after being accused of verbally attacking a Black defendant before his court by “physically pointing at her, angrily raising his voice, and turning visibly red.”

Judge Brasher found that “there is no evidence to show that Rep. Greene participated in the invasion itself,” and refused to allow the parties arguing she should be kept off the ballot to engage in discovery, which, they argued, could have turned up both her alleged text messages to insurrection organizers and her open statements to the public in support of the insurrection.


“[P]re-hearing discovery is improper,” Judge Brasher ruled, while blocking access to evidence of her possible crimes and freeing Greene to run for re-election.

The challenge to Congressman Jim Banks, a major Trump supporter, was heard before the Indiana Elections Commission, which ruled 4-0 that he could remain on the ballot. Banks’ lawyer argued that “Congressman Banks has publicly commented that he did not support that conduct, nor did he engage in it, and he has also called for the prosecution of unlawful conduct that occurred that day.”

That argument — essentially that he didn’t participate in the insurrection and later disapproved of it — was apparently enough for the commissioners. After being confirmed on the ballot, Banks, who voted against certifying President Biden’s election, released a belligerent statement, saying:


“Many Democrats in Washington hope to weaponize the 14th amendment to disenfranchise President Trump’s 74 million voters. I hope they watched today’s unanimous decision.”

The case against Biggs and Gosar was shot down by an Arizona judge who argued that even though the Constitution outlaws such behavior through the 14th Amendment, Congress never passed implementing legislation. Because of this failure, he said, this was an issue for Congress to resolve rather than the courts.

“Therefore, given the current state of the law and in accordance with the United States Constitution,” wrote Maricopa County Superior Court Judge Christopher Coury, “plaintiffs have no private right of action to assert claims under the disqualification clause. … The text of the Constitution is mandatory,” Coury wrote. “It sets forth the single arbiter of the qualifications of members of Congress; that single arbiter is Congress.”


So, right now, the score is 5-1, although all the cases of members of Congress who were allowed to continue to run for office were, arguably, tainted by politics or brought in weak venues like Banks’ election commission or Coury’s “not my responsibility” courtroom.

But what about members of the House and Senate who, we’re finding, were actually in direct communication with the armed insurrectionists or Trump’s henchmen?

Multiple Senators and House members were texting and carrying on phone calls with Trump and Giuliani on and immediately before the attack, as the January 6th Select Committee has found. Some were even talking with Trump or his people during the peak of the January 6th attack.


Others, like Lauren Boebert, stand accused of tweeting the location (or absence thereof) of Nancy Pelosi and other members of Congress as the Republican mob attacked with the clear intent to kill Pelosi and Pence.



The case of Couy Griffin was the easiest to prosecute under the 14th Amendment because he was caught in the act on January 6th and later convicted of it in court; the others were less directly involved or, if they were, apparently Trump-sympathetic judges refused to allow evidence to be entered in court.

But as more and more evidence becomes public of Republican members of the House and Senate being directly or closely involved in this first attack on Washington, DC since the War of 1812, the pressure to deprive them of their ability to stay in Congress will grow.

As mentioned in the opening paragraph of this article, if it had been Hillary Clinton who’d worked to seize the White House in 2016, you can bet that blocking her collaborators in Congress would be the least of the efforts Republicans would have undertaken. She’d more likely be facing the fate of Julius and Ethel Rosenberg, along with any Congressional co-conspirators.

President Biden has correctly identified these people as “semi-fascists” and called them out to their faces. Now Democrats in Congress — particularly as more information comes out through the January 6th Committee and the efforts of the FBI — need to take the gloves off and challenge the right of insurrectionists and those giving them “aid and comfort” to continue to serve in Congress.

Article 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.
It's time to enforce the Constitution and ban sedi... (show quote)


since when did the dems consider the constitution ..how about enforcing section 4
Section 4 Government
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Reply
 
 
Sep 9, 2022 11:00:29   #
Big dog
 
Milosia2 wrote:
It's time to enforce the Constitution and ban seditious Republicans from Congress
Thom Hartmann, Independent Media Institute
September 09, 2022

It's time to enforce the Constitution and ban seditious Republicans from Congress
Congresswoman Marjorie Taylor Greene(R-GA) holds a press conference to call for the dismissal of Dr. Anthony Fauci on Capitol Hill in Washington, DC, on June 15, 2021. (Photo by JIM WATSON / AFP)

This article was paid for by Raw Story subscribers. Not a subscriber? Try us and go ad-free for $1. Prefer to give a one-time tip? Click here.

Before I even get into the guts of this argument, just ask yourself: if Democratic Members of Congress had engaged in a seditious conspiracy to overthrow our government to put or keep a Democratic president in power against both the popular vote and the Electoral College, and Republicans controlled Congress right now, what would those Republicans be doing?

It’s time to enforce the Constitution, and a judge in New Mexico just kicked off the process. Democrats need to jump on this with the vigor of Trump crashing a Miss Teen USA dressing room.




The 14th Amendment to the Constitution clearly says that if an elected official “shall have engaged in insurrection or rebellion” against the United States and the laws of the United states, “or given aid or comfort to the enemies thereof,” that elected official may not “hold any office, civil or military” including those who are “a member of Congress,” a member of “any State legislature” or “an executive or judicial office of any state.”

It was ratified on July 9, 1868, after the Civil War, so courts could prevent traitors from the Confederacy from serving in any political office, and expel those who may have made it through over the years. With a two-thirds vote of both the House and the Senate, the 14th amendment says, such former insurrectionists could be re-admitted, but that’s a pretty high bar.


The last time the Amendment was used was in May of 1869, when a Black man named Caesar Griffin was arrested and convicted of a crime and then appealed the conviction because, he claimed, the judge in the case — a former Confederate slave-holder and the Speaker of the Virginia House when that state seceded from the Union — was illegally a judge because, as a legislator, he had given “aid and comfort” to the Confederate “insurrection” against the United States.

The courts agreed and the Judge, Hugh W. Sheffey, was forced to resign his seat in the winter of 1869 when he refused to pledge allegiance to the US; he went back to practicing law in Staunton, Virginia until his death. The accused criminal, Caesar Griffin, was re-prosecuted by a different non-traitor judge for a slightly different charge (to avoid double jeopardy) and ended up back in prison.


This week a court in New Mexico revived the issue, kicking Couy Griffin out of his seat as an Otero County commissioner based on that provision of the 14th Amendment.

Join Raw Story Investigates. Go AD-Free.
While he tried to defend himself by claiming that he’d not engaged in any violence while in the Capitol on January 6th and that he had a First Amendment “free speech” right to hold political office on the county commission, District Court Judge Francis Mathew was having none of it.

By simply being there on January 6th and offering encouragement to his more violent colleagues in the insurrection, the court determined, he more than met the criteria of “giving aid and comfort” to the people directly engaged in violent insurrection.


Five members of the current Congress have so far been charged under this provision of the 14th Amendment: Madison Cawthorn, Marjorie Taylor Greene, Paul Gosar, Andy Biggs, and Jim Banks.

The charges against Cawthorn were thrown out because, just four years after the 14th Amendment was ratified, President Ulysses Grant determined it wasn’t effective and was, in fact, aiding Klan recruiting: Congress granted a general amnesty to all but the most senior members of the Confederacy with the Amnesty Act of 1872.

That law decreed that:


“[A]ll political disabilities imposed by the third section of the fourteenth article of amendments of the Constitution of the United States are hereby removed from all persons whomsoever, except Senators and Representatives of the thirty-sixth and thirty-seventh Congresses , officers in the judicial, military, and naval service of the United States, heads of departments, and foreign ministers of the United States.”

Cawthorn argued, and U.S. District Judge Richard E. Myers II — a Trump-appointed Federalist Society judge — agreed, that the Amnesty Act not only pardoned all the traitorous Confederates of that time but pre-pardoned all future traitors to the United States, even though the law says no such thing.

As Ron Fein, legal director of Free Speech For People (who participated in the case), said of the Trump-appointed judge’s decision:


“According to this court ruling, the 1872 amnesty law, by a trick of wording that — although no one noticed it at the time, or in the 150 years since — completely undermined Congress’s careful decision to write the insurrectionist disqualification clause to apply to future insurrections. This is patently absurd.”

Marjorie Taylor Green’s case went to Fulton County Superior Court Chief Judge Christopher S. Brasher, who recently partially retired after being accused of verbally attacking a Black defendant before his court by “physically pointing at her, angrily raising his voice, and turning visibly red.”

Judge Brasher found that “there is no evidence to show that Rep. Greene participated in the invasion itself,” and refused to allow the parties arguing she should be kept off the ballot to engage in discovery, which, they argued, could have turned up both her alleged text messages to insurrection organizers and her open statements to the public in support of the insurrection.


“[P]re-hearing discovery is improper,” Judge Brasher ruled, while blocking access to evidence of her possible crimes and freeing Greene to run for re-election.

The challenge to Congressman Jim Banks, a major Trump supporter, was heard before the Indiana Elections Commission, which ruled 4-0 that he could remain on the ballot. Banks’ lawyer argued that “Congressman Banks has publicly commented that he did not support that conduct, nor did he engage in it, and he has also called for the prosecution of unlawful conduct that occurred that day.”

That argument — essentially that he didn’t participate in the insurrection and later disapproved of it — was apparently enough for the commissioners. After being confirmed on the ballot, Banks, who voted against certifying President Biden’s election, released a belligerent statement, saying:


“Many Democrats in Washington hope to weaponize the 14th amendment to disenfranchise President Trump’s 74 million voters. I hope they watched today’s unanimous decision.”

The case against Biggs and Gosar was shot down by an Arizona judge who argued that even though the Constitution outlaws such behavior through the 14th Amendment, Congress never passed implementing legislation. Because of this failure, he said, this was an issue for Congress to resolve rather than the courts.

“Therefore, given the current state of the law and in accordance with the United States Constitution,” wrote Maricopa County Superior Court Judge Christopher Coury, “plaintiffs have no private right of action to assert claims under the disqualification clause. … The text of the Constitution is mandatory,” Coury wrote. “It sets forth the single arbiter of the qualifications of members of Congress; that single arbiter is Congress.”


So, right now, the score is 5-1, although all the cases of members of Congress who were allowed to continue to run for office were, arguably, tainted by politics or brought in weak venues like Banks’ election commission or Coury’s “not my responsibility” courtroom.

But what about members of the House and Senate who, we’re finding, were actually in direct communication with the armed insurrectionists or Trump’s henchmen?

Multiple Senators and House members were texting and carrying on phone calls with Trump and Giuliani on and immediately before the attack, as the January 6th Select Committee has found. Some were even talking with Trump or his people during the peak of the January 6th attack.


Others, like Lauren Boebert, stand accused of tweeting the location (or absence thereof) of Nancy Pelosi and other members of Congress as the Republican mob attacked with the clear intent to kill Pelosi and Pence.



The case of Couy Griffin was the easiest to prosecute under the 14th Amendment because he was caught in the act on January 6th and later convicted of it in court; the others were less directly involved or, if they were, apparently Trump-sympathetic judges refused to allow evidence to be entered in court.

But as more and more evidence becomes public of Republican members of the House and Senate being directly or closely involved in this first attack on Washington, DC since the War of 1812, the pressure to deprive them of their ability to stay in Congress will grow.

As mentioned in the opening paragraph of this article, if it had been Hillary Clinton who’d worked to seize the White House in 2016, you can bet that blocking her collaborators in Congress would be the least of the efforts Republicans would have undertaken. She’d more likely be facing the fate of Julius and Ethel Rosenberg, along with any Congressional co-conspirators.

President Biden has correctly identified these people as “semi-fascists” and called them out to their faces. Now Democrats in Congress — particularly as more information comes out through the January 6th Committee and the efforts of the FBI — need to take the gloves off and challenge the right of insurrectionists and those giving them “aid and comfort” to continue to serve in Congress.

Article 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.
It's time to enforce the Constitution and ban sedi... (show quote)

We know who you are





Reply
Sep 9, 2022 11:06:50   #
JR-57 Loc: South Carolina
 
Milosia2 wrote:
Lol !
Raw story didn’t write it .
It purchased it , like they do from independent journalists.
It may or may not reflect the idiom of
Raw Story. But, they will not buy bullchit .
Unlike Fsux Nouse .

RawStory pays for something that doesn’t “reflect their idiom”? 🤔 Sounds like a dumb thing to do. If they’re that dumb they’d likely pay for BS too. You should contact them and ask if they’d like to buy your posts. You could suddenly become a millionaire or even a billionaire with the abundance of BS posts you have. Then you could pay “your fair share in taxes” you’re always whining about. Sounds like a win win to me.

Reply
Sep 9, 2022 11:23:37   #
microphor Loc: Home is TN
 
Milosia2 wrote:
Lol !
Raw story didn’t write it .
It purchased it , like they do from independent journalists.
It may or may not reflect the idiom of
Raw Story. But, they will not buy bullchit .
Unlike Fsux Nouse .


You are so closed minded, a Democrat could stick a knife in you and you'd call it surgery. There is truly something wrong with you!

Reply
Sep 9, 2022 15:24:15   #
Weswill
 
To me for someone to be associated with helping or aiding in a insurrection there has to be an insurection first. To my knowledge no one has been charged with insurection. It is just a talking point for the democratic media and politicians. So before the 14th amendment should be implemented, it would be prudent to have someone charged with insurection and legally establish that an insurection occurred first and have the actions on Jan 6 be legally defined as an insurection. No weapons were found on any rioters eventhough 1 gun was found but not anyone in posseion or it.

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