May 6, 2022, 03:18pm
An administrative judge recommended Friday that Rep. Marjorie Taylor Greene should be allowed to remain on the ballot in the November elections, rejecting a legal challenge that she should be disqualified for being an insurrectionist.
There was insufficient evidence to suggest that the person was engaged in insurrection or rebellion against the U.S.
The voters from the district of Greene wanted to disqualify her because of her alleged involvement in the January 6 attack on the Capitol building.
During an April hearing, the congresswoman repeatedly said she didn't recall making statements that could be construed as encouraging the attack, but she denied having any involvement with January 6.
Beaudrot argued that the challengers hadn't shown that Greene aided in the insurrection after being sworn into Congress.
The First Amendment protects heated political rhetoric before a person takes office.
The judge said there was no persuasive evidence to support the claim that she participated in the January 6 attack.
The evidence is not strong enough to support the idea that Rep. Greene was an insurrectionist. Public statements and heated rhetoric may have contributed to the environment that ultimately led to the Invasion, but they are not engaging prior to being sworn in as a Representative.
The final decision on whether or not to keep or ignore the ruling will be made by Raffensperger. If the state court believes that he ruled unfairly, it can overrule him. After her hearing in April, the secretary of state will make a decision based on Beaudrot's conclusion, but Raffensperger's office has not yet responded to a request for comment.
The Fourteenth Amendment's Insurrectionist Disqualification Clause is the reason for the decision.
The coalition of Georgia voters and Free Speech for People filed a challenge against her candidacy in March, arguing shevoluntarily aided and engaged in an insurrection in the days between being sworn into Congress. The 14th Amendment states that no person can serve in Congress if they are involved in insurrection or rebellion against the U.S. government. Free Speech for People supports a challenge to the candidacy of Rep. Madison Cawthorn (R-N.C.) on the same grounds, which is being considered in federal appeals court after a district judge ruled for Cawthorn.
She testified in her hearing that she didn't recall ever discussing martial law with Donald Trump as a way to challenge the presidential election result. Her comments were seemingly different when a text message she sent to the White House Chief of Staff was reported a few days later, in which she said the only way to save the Republic is for Trump to call.
Any role in the Capitol Attack is not recalled by Marjorie Taylor Greene.
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