Part 3 of the 14th Amendment prohibits former sworn parliamentarians from upholding the Constitution, then “participating in rebellion or rebellion against it” or providing “assistance or comfort to enemies”. The section was added after the civil war to prohibit lawmakers from representing the government they wanted to overthrow.
Green repeatedly called the rebels “patriotic” on January 6, 2021 and called those arrested for the attack on the Capitol “political prisoners”. This was recorded in the video in which he announced his opposition to Joe Biden’s peaceful transfer of power after Donald Trump’s defeat in the 2020 presidential election.
Tottenberg felt that Green could not fulfill his “burden of persuasion” by ordering the case to be closed.
“This case involves a disturbance of conflict of interest in the constitution of public imports,” the judge said. “The freshness of the factual and historical position of the current case – especially when assessed in the context of a preliminary motion, which is quickly reviewed – has been a particularly challenging solution to the complex legal issues of the current case.
Tottenberg also said Green could not prove there was a high probability he would win the case based on his legal claims.
Tottenberg’s decision, announced by President Barack Obama, is not surprising. He expressed concern over a previous decision to order the same challenge against Member of Parliament Madison Cowthorn (RNC). A judge appointed by Donald Trump found that the Federal Amnesty Act for those involved in civil war against the government violated this clause.
However, some legal experts argue that the law cannot be unconstitutional – and such an interpretation of the act appears to grant any insurgent immunity forever, regardless of the circumstances.
Green’s lawyers cited Cawthorn’s decision, but Tottenberg said he had “significant questions and concerns” about the decision. “ᲛᲔ I don’t think the amnesty can be promising,” he said, according to CNN.
The decision in Cawthorn’s case is now being appealed at an expedited hearing.
The re-election of Republican Paul Gossar (R-Ariz.), Andy Biggs (R-Ariz.) And Arizona Republican candidate for Secretary of State Mark Finchem was also challenged in court on the same constitutional basis as supporting the -aalsa. Magkatakata.
The Free Speaking for the People lawyer called Tottenberg’s decision the right decision in an emergency.
“It is rare for a conspiracy, especially a member of Congress, to acknowledge publicly that the intentions of their actions prevent the peaceful transfer of power and the death of the President -elect and the Speaker of the House – but that is exactly what it’s. Marjorie Taylor “. Green did it, ”Ron Fain, chief legal officer, said in a statement to HuffPost.
“The constitution cuts off all elected officials who supported the uprising. We can’t wait to ask you rep. “Greene on taking the oath,” Fain added.
One of the voters who filed the lawsuit, Army veteran Michael Rasbury, said he had vowed to “defend and defend the constitution from all enemies, foreign and domestic.” “Everything I read says that MP Green was involved in the uprising on January 6, which tried to destroy everything I believe in: our constitution, how we conduct elections and how our government was formed,” he said. . According to people with free speech. “It shouldn’t be on the ballot.”
Green’s lawyer, James Bopp, told the New York Times it was a decision. ”Generally undemocratic. He insisted that Green was “publicly and vigorously condemning the attack on the Capitol.”
Source: Huffpost
