Time to Use 14th Amendment Against Lawmakers Who Betrayed Their Oaths on January 6

by | Sep 22, 2022 | Human Rights & Justice

U.S. Rep. Marjorie Taylor Greene (R-Ga.) sports a mask emblazoned with the lie that former President Donald Trump "won" the 2020 presidential election. (Photo: Erin Scott/AFP via Getty Images)

Time to Use 14th Amendment Against Lawmakers Who Betrayed Their Oaths on January 6

by | Sep 22, 2022 | Human Rights & Justice

U.S. Rep. Marjorie Taylor Greene (R-Ga.) sports a mask emblazoned with the lie that former President Donald Trump "won" the 2020 presidential election. (Photo: Erin Scott/AFP via Getty Images)
Citizens for Responsibility and Ethics in Washington argues there some current and future members of Congress should be disqualified from holding office under Section 3 of the 14th Amendment.

Citing a recent court ruling, a government watchdog group on Wednesday urged members of Congress to remove and bar from office anyone “who betrayed their constitutional oaths by engaging in the January 6 insurrection.”

The letter from Citizens for Responsibility and Ethics in Washington (CREW) to U.S. lawmakers follows a New Mexico court ruling earlier this month that the 2021 attack at the U.S. Capitol was an insurrection, and ordering Otero County Commissioner Couy Griffin to step down.

CREW had filed a suit arguing that Griffin’s actions before and on January 6, 2021 amounted to engaging in an insurrection, and thus, under Section 3 of the 14th Amendment to the U.S. Constitution, he should be disqualified from holding public office.

Section 3 prohibits anyone who, having taken an oath to support the U.S. Constitution, engages in “insurrection or rebellion” or provides “aid or comfort to the enemies” of the United States from holding any civil or military office at the state or federal level.

CREW’s letter notes that the ruling against Griffin—who joined the mob of then-President Donald Trump’s supporters that breached multiple security barriers at the Capitol—explains “that an insurrection need not ‘rise to the level of trying to overthrow the government.’ Rather, an insurrection is an assemblage of people acting through force, violence, and intimidation by numbers to prevent the federal government from performing a constitutional function—a definition that indisputably applies to the January 6 attack.”

“The ruling also cites Reconstruction-era case law establishing that a person can be disqualified under the 14th Amendment even if they have not been convicted of a crime and even if they did not engage in violence,” the letter continues, arguing that the court’s “factual findings are instructive” for others who in any qualifying way supported the January 6 insurrection.

“Although the court’s decision sets a high bar for disqualification, we believe there are other current and former office holders throughout the country who, under the court’s standard, should be disqualified from office,” asserted CREW, without naming them. “The obligation to exclude and disqualify these individuals will be borne by many federal and state officials throughout our country, but Congress has a particularly important role to play.”

Noting the long history of Congress enforcing the disqualification clause, the watchdog warned that “in the unprecedented context of the January 6 insurrection—an event that marked the first-ever presidential transition marred by violence—failing to enforce the Constitution against those who sought to subvert a free and fair presidential election imperils the very foundations of American democracy.”

CREW’s call for action comes amid a flurry of warnings about the danger of Trump—who’s expected to run for president again in 2024—and his Make America Great Again (MAGA) movement leading up to the November midterm elections.

“Donald Trump is a fascist. Period,” Congresswoman Pramila Jayapal (D-Wash.) declared this week. “We have to reject this dangerous movement across the country in November—our democracy depends on it.”

According to a recent FiveThirtyEight analysis, 195 GOP candidates on the ballot in November for the U.S. House and Senate as well as governor, secretary of state, and attorney general support Trump’s “Big Lie” that Democrats stole the 2020 presidential election. Another 61 candidates doubt the results, and 115 have refused to clarify their position.

Shortly after the MAGA mob was cleared from the Capitol last year, 147 Republicans in Congress formally objected to the presidential election results. The congressional panel investigating the attack has revealed that multiple GOP lawmakers sought preemptive pardons from Trump related to their efforts to overturn President Joe Biden’s victory.

While there is no evidence that Trump granted any such requests at the time, the twice-impeached former president said earlier this month that if reelected in two years, he would “look very, very favorably” at pardons for insurrectionists.

However, in terms of holding public office, CREW’s new letter highlights that “a disqualification under Section 3 of the 14th Amendment cannot be cured through a presidential pardon and can only be removed by a two-thirds vote of Congress.”

Republished with permission from Common Dreams, by Jessica Corbett

<a href="http://commondreams.org" target="_blank">Common Dreams</a>

Common Dreams

Common Dreams has been providing breaking news & views for the progressive community since 1997. They are independent, non-profit, advertising-free and 100% reader supported.

1 Comment

  1. Bruce Wilson

    I fully agree with the conclusion that these traitors must not hold governmental offices; now or at any future time in their lives


Submit a Comment

Your email address will not be published.

Related Articles

Sep 21 2022

Martha’s Vineyard Migrants Sue DeSantis

The migrants flown to Martha’s Vineyard by DeSantis had actually been pursuing legal immigration channels when they were conned into leaving their shelter. They...
Sep 18 2022

The Republican Governors Using Cruelty as a Campaign Strategy

The idea that cruelty can serve as a political tool should give us all pause. Our humanity as a nation is at stake when politicians seek support from those who view...
Sep 11 2022

Will a Texas Court Decision Against ACA Change Preventive Medical Services Costs?

A Federal judge basically said that using the Preventive Services Task Force (a nongovernmental volunteer advisory panel) recommendations to compel the offering of free...
A Department of Justice photo shows of documents seized during its Mar-a-Lago search. Department of Justice via Associated Press
Sep 01 2022

What Are the Possibilities of Obstruction of Justice Charges For Trump?

The latest revelations about Trump’s stash of classified documents has prompted observers to say that obstruction of justice charges are at stake. The specific...
Aug 30 2022

Deputy of Former Mesa County Clerk Tina Peters Agrees to Testify Against Her in Election Security Case

Tina Peters, a Republican who has promoted election conspiracy theories, is alleged to have facilitated a security breach in her own election office in which allowed...
Aug 29 2022

Judge Rules Bayer CEO Werner Baumann Must Give Testimony in Roundup Litigation

Baumann was instrumental in driving Bayer to buy Monsanto and has been the public face of the company’s continued insistence that Monsanto’s Roundup, and other...
Dani Yuengling of Conway, South Carolina, researched how much a needle biopsy of a lump in her breast might cost. The hospital website showed it would be about $1,400 for someone without insurance. She reasoned her bill with insurance would be less. Instead, the sticker price was close to $18,000, and she was on the hook for more than $5,000 — the balance of her deductible. (Gavin McIntyre for KHN)
Aug 25 2022

Medical Overbilling: The $18,000 Breast Biopsy

Dani Yuengling researched how much a needle biopsy of a lump in her breast might cost. The hospital website showed it would be about $1,400 for someone without...
Ugandans watch the start of the International Criminal Court trial of former child soldier-turned-warlord Dominic Ongwen. Isaac Kasamani/AFP via Getty Images
Aug 24 2022

A Sobering Analysis of the Connections Between Slavery and War

An analysis of the frequency of enslavement in armed conflicts paints a disturbing picture. Most conflicts involving enslavement take place in low-income countries,...
Aug 23 2022

John Fetterman Calls for Prosecution of Price Gouging Corporate Executives

“It’s time we crack down on the big, price gouging corporations that are making record profits while jacking up prices for all of us,” said John Fetterman,...
Aug 19 2022

Why Are Republicans Now Turning Against the League of Women Voters?

The League of Women Voters, long known for focusing on voter registration and other fundamentals, became more willing to speak boldly during the Trump era. Now, some on...
Subscribe for Updates!

Subscribe for Updates!

Join our mailing list to receive the latest news and updates from our team.

You have Successfully Subscribed!

Pin It on Pinterest

Share This