Democrats File Lawsuit To Ban GOP Rep. Cawthorn From Re-Election Over Capitol Riot

A group described as North Carolina “voters” is doing their part to help Democrats and keep Americans riled up over the Jan. 6, 2021 “insurrection” at the Capitol.

A legal challenge filed on Monday claims that freshman Rep. Madison Cawthorn (R-NC) is disqualified from running for re-election, due to his “involvement,” which amounted to a speech, at the rally in Washington that day that preceded the violence that took place in the Capitol building.

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The Legal Challenge at its Core

At the heart of this legal challenge, filed with the North Carolina Board of Elections, is the group’s contention that, the speech Cawthorn made at the rally, where he questioned the results of the 2020 presidential election, makes him a participant in the so called “insurrection.” 

The group is pinning the challenge, and declaring Cawthorn an insurrectionist, on a clause in the 14th Amendment, stating that no person, “who, having previously taken an oath, as a member of Congress … shall have engaged in insurrection or rebellion.”

It is an old clause from the Civil War that was intended to discourage unrepentant Confederates who were still in power from being elected.

The challenge also claims that Cawthorn, “urged his followers to threaten and intimidate” members of Congress, and that Cawthorn and his staffers were, “in close contact with rally organizers.”

The group behind the legal challenge is ironically named “Free Speech For People.” The group’s legal director Ron Fein said this about the challenge:

An insurrection against USA was evident in the Jan. 6th coordinated attack on US Capitol. This attempt prevented Congress from certifying the presidential vote. The Constitution disqualifies from public office any elected officials who aided that insurrection.”

Fein continued saying, “publicly available evidence, including Rep. Cawthorn’s statements and reports that he or his office coordinated with the Jan. 6 organizers, establish reasonable suspicion that Rep. Cawthorn aided the insurrection, thereby disqualifying him from federal office.”

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What the Constitution says

While the 14th Amendment does prevent those who have been engaged in “insurrection” from running for public office, what the again ironically named “Free Speech For People” folks left out is that Section 3 of the 14th Amendment was designed to prevent former Confederate officials from having any power in the post-Civil War government.

Section 3 is as follows: 

A Senator, Representative, and/or elector of President or Vice-President shall not be allowed to hold office under the United States or any other state.

There is no comparable to Jan.

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Okay for me, but not for you

Democrats are outraged that Republicans want electoral votes. In fact, at least four of the most recent elections have seen them contest, including victories for the Republicans in 2000, 2004 or 2016.

Cawthorn responded to the challenge in a tweet saying, “Left-wing activists are trying You cannot stop me fighting for YOU THE PEOPLE. I won’t be stopped. Help me fight back!”