Using the Fourteenth Amendment, Section 3

[Anonymous]

The 14th Amendment, Section 3 says:
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

In other words, if you participate or are involved with an insurrection, you can not serve in elected office.

It is highly unlikely that Josh Hawley or Ted Cruz are removed as that requires a 2/3 vote.

Would it be possible to sue their re-election campaigns under the 14th amendment? Could you declare their running for office unconstitutional? This wouldn't be for three years, but it seems like a possible route.

Granted, I know very little about the law, but just curious as how this would work.

[Anonymous]

Much as they are responsible for creating the conditions that led to the attack, I don't think what they did qualifies as aid or comfort.

[Anonymous]

If I were Pelosi and Schumer, I would expel the abetters and let them try force a vote to let them back in.

[Anonymous]

Anonymous wrote:Much as they are responsible for creating the conditions that led to the attack, I don't think what they did qualifies as aid or comfort.

At least in the cases of Biggs, Gohmert, Bodener and Tuberville and some other House members there was direct coordination with the White House. There is suggestion that Hawley and Cruz also coordinated with the White House.

[Anonymous]

Anonymous wrote:Much as they are responsible for creating the conditions that led to the attack, I don't think what they did qualifies as aid or comfort.

We will see. The evidence is all still being collected.

[jsteele]

Cori Bush is introducing a resolution to do exactly this for House members:

[Anonymous]

Anonymous wrote:The 14th Amendment, Section 3 says:
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

In other words, if you participate or are involved with an insurrection, you can not serve in elected office.

It is highly unlikely that Josh Hawley or Ted Cruz are removed as that requires a 2/3 vote.

Would it be possible to sue their re-election campaigns under the 14th amendment? Could you declare their running for office unconstitutional? This wouldn't be for three years, but it seems like a possible route.

Granted, I know very little about the law, but just curious as how this would work.

The first sentence is absolute. No vote required.
The second sentence is a way to allow them back in. The 2/3 vote is what can "remove such disability" -- in other words, allows them to serve anyway even though they engaged in insurrection, etc.

The disqualification is automatic. They may not serve. Period. If they want back in, then there needs to be a 2/3 vote approving it.

However, they also can be removed by vote in other ways.

[Anonymous]

Anonymous wrote:

Anonymous wrote:The 14th Amendment, Section 3 says:
No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

In other words, if you participate or are involved with an insurrection, you can not serve in elected office.

It is highly unlikely that Josh Hawley or Ted Cruz are removed as that requires a 2/3 vote.

Would it be possible to sue their re-election campaigns under the 14th amendment? Could you declare their running for office unconstitutional? This wouldn't be for three years, but it seems like a possible route.

Granted, I know very little about the law, but just curious as how this would work.

The first sentence is absolute. No vote required.
The second sentence is a way to allow them back in. The 2/3 vote is what can "remove such disability" -- in other words, allows them to serve anyway even though they engaged in insurrection, etc.

The disqualification is automatic. They may not serve. Period. If they want back in, then there needs to be a 2/3 vote approving it.

However, they also can be removed by vote in other ways.

+1 People who just got done fighting a Civil War weren't in any mood to tolerate seditious nonsense. Neither should we.

[Anonymous]

jsteele wrote:Cori Bush is introducing a resolution to do exactly this for House members:

I love that tweet.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Much as they are responsible for creating the conditions that led to the attack, I don't think what they did qualifies as aid or comfort.

At least in the cases of Biggs, Gohmert, Bodener and Tuberville and some other House members there was direct coordination with the White House. There is suggestion that Hawley and Cruz also coordinated with the White House.

https://www.wsfa.com/2021/01/08/exclusive-interview-with-congressman-mo-brooks-after-unrest-capitol/

What about Mo Brooks?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Much as they are responsible for creating the conditions that led to the attack, I don't think what they did qualifies as aid or comfort.

At least in the cases of Biggs, Gohmert, Bodener and Tuberville and some other House members there was direct coordination with the White House. There is suggestion that Hawley and Cruz also coordinated with the White House.

https://www.wsfa.com/2021/01/08/exclusive-interview-with-congressman-mo-brooks-after-unrest-capitol/

What about Mo Brooks?

Him too. Brooks, Gosar and Biggs are the worst of the offenders. I look forward to learning more about how the insurrections knew exactly where everyone’s offices were.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Much as they are responsible for creating the conditions that led to the attack, I don't think what they did qualifies as aid or comfort.

At least in the cases of Biggs, Gohmert, Bodener and Tuberville and some other House members there was direct coordination with the White House. There is suggestion that Hawley and Cruz also coordinated with the White House.

https://www.wsfa.com/2021/01/08/exclusive-interview-with-congressman-mo-brooks-after-unrest-capitol/

What about Mo Brooks?

Congressman Mo Brooks REFUSES to apologize for encouraging 'American patriots' to 'take down names and kick ass' in Trump's rally before MAGA mob stormed US Capitol and says he was talking about a DONKEY
Rep. Brooks of Alabama stood by his fiery words Friday
He claimed he was talking about a donkey when he told Wednesday's crowd to 'kick ass', saying he was making a reference to the Democratic party's mascot
The Republican claimed he was trying to 'inspire patriotic Americans to not give up on our country and to fight back against anti-Christian socialists'
Brooks warmed up Trump's supporters at the Wednesday's rally telling them: 'Today is the day American patriots start taking down names and kicking ass'
Soon after, an angry mob of pro-Trump rioters broke into the Capitol in a riot that left five dead
Some rioters appeared to follow Brooks' call to 'take down names', with the sign above House Speaker Nancy Pelosi's office removed and destroyed in the siege
Alabama Rep. Chris England accused Brooks of 'charging up, manipulating and lying to' the crowd before the attack in a series of tweets Friday
A prominent GOP preacher also said Brooks 'bears some responsibility'
Brooks was responsible for leading the last-ditch effort to overturn the election

https://www.dailymail.co.uk/news/article-9130413/Mo-Brooks-REFUSES-apologize-urging-patriots-names-kick-ass-riot.html

[Anonymous]

Alabama Coup Klutz Klan: Traitors Mo Brooks, Tuberville and company should resign
https://www.al.com/news/2021/01/alabama-coup-klutz-klan-traitors-mo-brooks-tuberville-and-company-should-resign.html