Posted on 05/24/2022 7:44:03 PM PDT by Macho MAGA Man
The US 4th Circuit Court of Appeals on Tuesday overturned a lower court judge’s decision and ruled ‘insurrectionist’ members of Congress may be barred from office.
A three-judge panel on the appeals court made the decision in a lawsuit against GOP North Carolina Congressman Madison Cawthorn.
Last week Madison Cawthorn lost a tight primary race in North Carolina after a relentless smear campaign.
But the Democrat-DC Swamp is still trying to destroy him and other ‘America First’ GOP members of Congress through lawfare.
Tuesday’s appeals court ruling legally binds only the states in the 4th circuit: Maryland, Virginia, West Virginia, North Carolina and South Carolina – however it could set a precedent for lawsuits against GOP lawmakers in other states.
The Democrats are trying to block Arizona Reps. Gosar and Biggs from running for re-election.
Democrat lawyers are also trying to block Rep. Marjorie Taylor Greene of Georgia from running for office again.
...... snip.....
Circuit Judge Toby Heytens, nominated by President Joe Biden last year, framed the issue as whether legislation from 1872 lifted a “constitutional disqualification for all future rebels or insurrectionists, no matter their conduct.”
“To ask such a question is nearly to answer it,” Heytens wrote in Tuesday’s ruling. The 19th century law shielding candidates from the eligibility bar only applies to acts that occurred before it was enacted, he said.
The opinion from the Richmond, Virginia-based appeals court sends the case back to lower court in Raleigh, North Carolina, to be reconsidered.
Two other judges on the panel wrote concurring opinions: Julius N. Richardson, appointed by Trump, and James Wynn, appointed by Barack Obama.
(Excerpt) Read more at thegatewaypundit.com ...
zero chance this will withstand a Supreme Court challenge
There was no insurrection. Period.
Except no one was charged with insurrection.
Insurrection can mean almost anything.
Merriam Webster defines it as:
insurrection: [noun] an act or instance of revolting against civil authority or an established government.
Another defines it as:
a violent uprising against an authority or government:
So based on the different definitions, it’s not clear that it has to be violent. It’s not clear that it even has to be a march. It could be voicing an objection to gun control or transgender rights.
Campaigning against an incumbent is an insurrection.
Should the Congress become in control of the GOPee in Nov., they need to clean house on Traitor Roberts’ “non-partisan” Fed. Judiciary.
Defund them.
...the control...
Yet!
“To ask such a question is nearly to answer it,”
No, to treat an asked question as nearly answered is intellectually lazy and partisan.
CC
Just the little problem of that “innocent until proven guilty” thingy.
Remove these evil judges yesterday.
These people don’t seem to understand what a real insurrection is, so we might wind up having to show them. This just appears to be another Dem strategy to remove populist politicians and preventing them from even running. Since it may become more difficult for them to outright steal an election in the future, their next move would be disqualifying certain candidates because of their ‘insurrectionary rhetoric’.
Our betters have spoken /eyeroll
Were you aware that 8 U.S. Code § 1481 (a)(7) days that anybody who committed or conspired in an act of insurrection can be stripped of his citizenship? And that paragraph (b) of that section places the burden of proof is not on the government but on the person?
Note that this section does not say that you had to be found guilty of those crimes, merely that you committed them. In other words, the government simply needs to assert that thus and so action was an insurrection and show that you were somehow involved and **boom** no more US citizenship.
After they prohibit any MAGA candidate from being able to run, I really believe that they’ll go after citizenship next. And not just for political candidates. Those without a second passport will be left stateless.
Good grief. No I was not aware of this. Thanks for posting it.
All 3 of these judges need to be removed in 2023.
Here’s one other little detail. Cases under Title 8 US Code are not criminal cases, they are administrative cases that are handled by Immigration Courts. Immigration courts are not Article 3 courts under the judicial branch, they are part of the Executive Branch and are under the Department of Just Us. Immigration Judges are career civil service employees (read Deep State) who do that as their job. No Senate confirmation, no possibility of impeachment. While the decisions of an administrative law judge can be appealed to an Article 3 court, the defendant has to actually make the appeal.
Chances are that anybody brought forward for such a proceeding would have a hell of a time finding a decent attorney to represent them. Look at what’s happened to attorneys who’ve attempted to defend Jan 6 clients: https://edition.cnn.com/2022/03/10/politics/ethics-complaints-attorney-misconduct-trump-election-reversal/index.html
So here’s my suspicion of what will happen: a person is disappeared into a dark hole just for insurrectionists...falling under the jurisdiction of ICE. No phone calls, no nothing. They’ll have their administrative law hearing where they’ll be stripped of citizenship and immediately deported to a friendly third world hole. Since they are stateless, they won’t be able to fly anyplace else (no passport, no flying). Since they are no longer US citizens, it’s not lm they can go to the US embassy for help (and how many embassies of other countries would be interested in helping further US citizens tarred with the brush of loss of citizenship?
If they somehow manage to get in contact with a stateside attorney who would represent them, the stateside attorney will be threatened with disbarment and potential detention as a conspirator.
Technically they will have had their rights violated on a grotesque level, but they won’t have any recourse.
25 years ago, this would’ve seemed Alex Jones level crazy, I realize. But much of what’s happened in recent years has made it sadly very realistic.
See post #19.
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