Lawyer Batsignal - Lawfare MTG Ballot Battle

4,940 Views | 64 Replies | Last: 3 yr ago by Ulrich
hbtheduce
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Anyone watching the current proceedings to keep MTG off the ballot for "participating in J6"?

Anyone have a good summary on the complaint, the likely outcomes and the arguments being used?

Just catching up and while I like Gaetz's fight, his thoughts I'm picking up from twitter will be quite biased.



BMX Bandit
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Quote:

An 1869 case concerning Hugh W. Sheffey is instructive for the Jan. 6 litigation and how courts might see things today. Mr. Sheffey took an oath to support the Constitution but later served as a member of the Confederate Virginia legislature, thereby actively supporting the Confederacy.

After the war, he served as a state court judge. As Judge Sheffey, he presided over the trial and conviction of Caesar Griffin for shooting with an intent to kill. Later, Mr. Griffin challenged his conviction in federal court. He argued that Section 3 should have disqualified Mr. Sheffey from serving as judge. Griffin's case, as it is known, was heard on appeal by the federal circuit court in Virginia. Salmon P. Chase, the chief justice of the United States and an appointee of President Abraham Lincoln, presided over the appeal. Chief Justice Chase ruled against Mr. Griffin, finding that Section 3 did not disqualify Judge Sheffey, despite the fact that he had taken an oath to support the U.S. Constitution and that it was "admitted," as the case stated, that he later committed a Section 3 disqualifying offense.

Chief Justice Chase reasoned "that legislation by Congress is necessary to give effect to" Section 3 of the 14th Amendment and that "only" Congress can enact that legislation. Chief Justice Chase added that the exclusion of disqualified office holders "can only be provided for by Congress." Congress must create the procedure that would determine if a defendant violated Section 3. Section 5 of the 14th Amendment emphasizes this principle: Congress, it states, "shall have the power to enforce, by appropriate legislation, the provisions of this article."

In short, Griffin's case teaches that in legal terms, Section 3 is not self-executing that is, Congress must establish, or at least authorize, the process that affords accused insurrectionists an opportunity to contest the allegations brought against them.
https://www.nytimes.com/2022/04/20/opinion/madison-cawthorn-marjorie-taylor-green-section-3.html

also, "the Constitution prohibits States from imposing congressional qualifications additional to those specifically enumerated in its text." U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995)
PCC_80
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From what I understand these Libs/Dems are contending that anyone that questioned the 2020 Election were trying to over throw the Govt and should be barred from serving in any elected office ever again. So questioning the Govt or what has happened is enough to get you barred from running for office or participating in this countries govt for the rest of your life.

Disgusting. Libs/Dems are absolutely disgusting and a danger to the Republic.
BMX Bandit
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PaulC_80 said:

From what I understand these Libs/Dems are contending that anyone that questioned the 2020 Election were trying to over throw the Govt and should be barred from serving in any elected office ever again.
its not just a matter of "questioning" the result. they accuse MTG of active participation in planning the capital riots etc. and trying to stop Pence from certifying the election

https://thewellnews.com/wp-content/uploads/2022/03/mtg-14.3-georgia-complaint-2022-03-24-1.pdf
Showertime at the Bidens
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Demand all the video from the capitol be released
aggiehawg
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Live now.

FTAG 2000
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Marc Elias leading the way on this. One of the biggest POS on the planet.
BMX Bandit
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the mouthpiece court reporter always freaks me out
aggie93
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So I assume Stacy Abrams is also never eligible for office again then as well, right?
"The most terrifying words in the English language are: I'm from the government and I'm here to help."

Ronald Reagan
aggiehawg
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BMX Bandit said:

the mouthpiece court reporter always freaks me out
LOL. I didn't even notice that. Wonder how those worked during covid mask frenzy?
aggiehawg
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A few minutes ago petitioners' counsel handed her an article from CNN and she started laughing.
justcallmeharry
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She predictably has a conveniently poor memory.
Guy on a Buffalo
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More or less interest in this than Johnny Depp v Amber Heard?

-----------------------
Truth without love is brutality. Love without truth is compromise.
MGS
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So to protect democracy, they are trying to prevent the citizens of Georgia from choosing a specific person to represent them in Congress?

Don't they get the irony?
Albatross Necklace
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They are setting this up as precedent to prevent Trump from running in 2024
aggiehawg
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Her statements made in February 2019 are relevant to Jan 6th, 2021? How?
Tom Kazansky 2012
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Albatross Necklace said:

They are setting this up as precedent to prevent Trump from running in 2024
Seems many CMs on TexAgs would be ecstatic if these demons were successful.
Rapier108
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Tom Kazansky 2012 said:

Albatross Necklace said:

They are setting this up as precedent to prevent Trump from running in 2024
Seems many CMs on TexAgs would be ecstatic if these demons were successful.
And then DeSantis would be the nominee, and they'd vote for Biden, Heels Up, Bernie, or Mayor Pothole on election day.

Then they'd whine as things get worse if their guy wins.
"If you will not fight for right when you can easily win without blood shed; if you will not fight when your victory is sure and not too costly; you may come to the moment when you will have to fight with all the odds against you and only a precarious chance of survival. There may even be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than to live as slaves." - Sir Winston Churchill
Tom Kazansky 2012
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Rapier108 said:

Tom Kazansky 2012 said:

Albatross Necklace said:

They are setting this up as precedent to prevent Trump from running in 2024
Seems many CMs on TexAgs would be ecstatic if these demons were successful.
And then DeSantis would be the nominee, and they'd vote for Biden, Heels Up, Bernie, or Mayor Pothole on election day.

Then they'd whine as things get worse if their guy wins.
Exactly. They would claim DeSantis is mean and an ******* and cannot win the suburban women.
will25u
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Isn't there already a remedy in place, both in Congress, and voting?
HTownAg98
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Nothing is going to happen to her; this is just a show trial. It's only being done to embarrass her, and she doesn't need any help in that department.

Edit: It would be funny to put her testimony and Johnny Depp's testimony side by side, and see which one looks like the bigger idiot.
BMX Bandit
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Albatross Necklace said:

They are setting this up as precedent to prevent Trump from running in 2024


Will work about as well as the two impeachment trials did
Tom Kazansky 2012
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For the record MTG may not be the most politically savvy, and maybe she did bang her personal trainer and of course has baggage...

But I'll take her over 90% of washington as she is consistently on the side of representing her constituents, the middle class, and doesnt appear to be bought and paid for by special interests.
will25u
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On a related note...

Tom Kazansky 2012
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Albatross Necklace said:

They are setting this up as precedent to prevent Trump from running in 2024

They're scared **** less of Trump because they know he can win next go round.
Charpie
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I don't care for her, but this is just wrong. Let her district decide if she should represent them.
MouthBQ98
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Radical leftists are inherently opposed to our legitimate government by definition. And their ideology openly talks about subverting government and the constitution to replace it with a marxist or neo marxist direct democracy of communes. They are inherently revolutionary subversives by this same definition and should all be booted from office or barred from running using the same standard.
HTownAg98
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Charpie said:

I don't care for her, but this is just wrong. Let her district decide if she should represent them.
Hell, Congress could have impeached her too if they wanted. They chose not to.
fasthorse05
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Bidens leg hairs said:


Demand all the video from the capitol be released
THIS!

THIS!

THIS!
Faustus
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Tom Kazansky 2012 said:

Albatross Necklace said:

They are setting this up as precedent to prevent Trump from running in 2024
Seems many CMs on TexAgs would be ecstatic if these demons were successful.


Yeah wtf TexAg CMs.

No but seriously she is pretty funny. The board would be a less amusing place if she was gone. Fortunately I put the suits' likelihood of success somewhere close to nil.
FTAG 2000
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HTownAg98 said:

Charpie said:

I don't care for her, but this is just wrong. Let her district decide if she should represent them.
Hell, Congress could have impeached her too if they wanted. They chose not to.
They tried, it didn't go very far. Once the GOP pointed out that if they have control they could impeach any Dem who complained about the results (and there was a laundry list from 2016), they gave up and called the Lawfare and Elias twits.
aggiehawg
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They are back from lunch recess.

aggiehawg
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Now using the term "1776" is calling for overthrow of the government?
stetson
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We have actual traitors to this country in Congress and these scum want to remove her for participating in a protest? Hypocrites!
FJB
aggiehawg
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This hearing is stupid. Counsel hands her a document asks if she is familiar with it, she says she is not but then he proceeds to ask her questions about it anyway. Judge just facepalms..
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