An administrative law judge in Georgia ruled Friday that Republican Rep. Marjorie Taylor Greene can remain on the ballot for the state’s 14th congressional district following a challenge to her re-election bid.
A group of Georgia voters argued that Greene was ineligible to run for re-election under the Fourteenth Amendment’s “disqualification clause” because of his alleged support for the January 6 attack on Capitol Hill.
In his 19-page opinion, Judge Charles Beaudrot said the burden of proof is on the challengers and that they “failed to prove their case by a preponderance of the evidence.”
Beaudrot also said that the evidence in the case was insufficient to establish that Greene “participated in an insurrection or rebellion against the same, or [gave] aid or comfort his enemies under the 14th Amendment to the Constitution.”
The judge’s decision is a recommendation; the final decision on whether Greene remains on the ballot for the May 24 primary will be made by Georgia Secretary of State Brad Raffensperger.
Free Speech For People, the legal organization representing the challengers, released a statement saying the judge’s “decision betrays the fundamental purpose of the Fourteenth Amendment’s insurrectionary disqualification clause and gives a pass to political violence as a tool to disrupt and nullify free and fair elections”. .” The statement also urged Raffensperger to “re-examine” the evidence and reject the judge’s recommendation.
Passed after the Civil War, the disqualification clause bars anyone who has “engaged in insurrection” against the United States or “provided aid or comfort” to its “enemies” from holding federal office if they have previously taken an oath to protect the Constitution. . That includes members of Congress.
In his opening statement at Greene’s hearing, Ron Fein, an attorney representing the five voters and legal director of Free Speech For People, argued that Jan. 6 was an insurrection and that Greene was one of its leaders.
“This was not the kind of insurrection where leaders were standing in Richmond, Virginia, giving long speeches,” Fein said. “Rather, the leaders of this insurrection, of which there were several, were among us, on Facebook, Twitter and corners of social media that would make your stomach ache. The evidence will show that Marjorie Taylor Greene was one of them. “
“The most powerful witness against the candidacy of Marjorie Taylor Greene, the most powerful witness to establish that she crossed the line to become involved in the insurrection, is Marjorie Taylor Greene herself,” he said.
In his opening statement, Greene’s attorney, James Bopp, argued that voters in Georgia’s 14th Congressional District have a “right to vote for the candidate of their choice. And they have a right to have their vote counted,” adding that Greene was not a perpetrator but a “victim” of the attack, which he argued was “despicable” but not an insurrection.
“His life was in danger, he thought,” Bopp said. “She was scared and confused.
Greene said that while she was locked up she went into the cloakroom and made a video directed at the Capitol stormers.
“Obey the law,” Greene said in the video, also played in the courtroom. “This is not a time for violence. This is a time to support President Trump and support electoral integrity. God bless you”.
Greene repeatedly denied that she or her office toured or met with protesters before the Jan. 6 rally or provided maps of the Capitol building.
“I would have to talk to people about my campaign, but I don’t think we have,” he said. “How would we have done that? We didn’t do any of that.”
He also insisted that he did not recall sending tweets or submitting other social media posts as evidence, or the circumstances surrounding many of his statements that were shown on a video monitor in the courtroom.
The hearing heated up when Andrew Celli, another lawyer for the voters, pressed Greene on whether he encouraged former President Donald Trump to impose martial law after the unrest.
“And you had meetings with him between the 2020 election and January 20, 2021, right?” she asked.
“Yes,” Greene replied.
“And in those meetings, you discussed with him his defense of the idea that martial law should be declared in the United States.” Celli pressed.
“No, I don’t recall ever discussing that,” she replied.
“Are you saying it didn’t happen or are you saying you don’t remember one way or the other?” Celli continued.
“I don’t recall ever discussing that,” Greene repeated.
Bopp objected to the line of questioning, but the judge allowed it to continue.
Celli then asked Greene if he ever advocated martial law in talks with then-chief of staff Mark Meadows or Trump before President Joe Biden’s inauguration.
“I don’t remember,” Greene said.
Evidence later emerged showing that Greene had conversations with Meadows advocating martial law to keep Trump in power.
“In our private members-only chat, several say the only way to save our Republic is for Trump to call for the Marshall Act. [sic]”, Greene texted Meadows on January 17, 2021, 11 days after the pro-Trump mob attacked the US Capitol to try to stop the voter certification.
“I don’t know about those things,” Greene continued. “I just wanted you to tell him. They stole this election. We all know that. Next they will destroy our country. Please tell him to declassify as much as possible so we can go after Biden and anyone else!”
Katherine Faulders and Will Steakin of ABC News contributed to this report.
Reference-abcnews.go.com