NC officials reject Cawthorn claim that Constitution's insurrectionist ban no longer applies

[Nevilledog]

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Kyle Cheney
@kyledcheney
NEW: North Carolina state attorneys say the U.S. Constitution's ban on insurrectionists holding federal office still applies.

Their argument came in response to Rep. CAWTHORN, who is suing the NC elections board to preclude a challenge to his eligibility.

politico.com
North Carolina officials reject Cawthorn claim that Constitution’s insurrectionist ban no longer...
The case is an important early test for those seeking to impose consequences on members of Congress who embraced false claims about the 2020 election results.
8:41 AM · Feb 23, 2022

https://www.politico.com/news/2022/02/23/north-carolina-cawthorn-constitution-insurrectionists-00010944

The North Carolina attorney general’s office says a constitutional prohibition on insurrectionists seeking federal office could be applied to GOP Rep. Madison Cawthorn if a state board determines he aided or encouraged the Jan. 6, 2021, attack on the Capitol.

In a late Monday court filing, state attorneys said a provision of the 14th Amendment — disqualifying insurrectionists from holding federal office — is not a defunct Civil War-era relic meant to apply only to former Confederates but a guard against future acts of insurrection. As a result, Cawthorn, who is fighting a challenge to his eligibility to run, could face that prohibition if the North Carolina State Board of Elections determines he meets the criteria, the state attorneys said.

The state’s filing came in a motion to dismiss Cawthorn’s lawsuit against the North Carolina State Board of Elections. Cawthorn is suing to prevent the board from even considering the challenge to his eligibility to seek a second term in the House.

In his lawsuit, Cawthorn claims the 14th Amendment provision was intended to apply only to former confederates who fought in the Civil War, and he cited a subsequent 1872 “amnesty” law that waived the 14th Amendment prohibition for those confederates as evidence of his claim.

*snip*

[TxGuitar]

1. Nothing like holding up a big "I'M GUILTY" sign!

[lagomorph777]

2. Yeah, I don't recall when that got repealed.

Nice try, though.

[Cracklin Charlie]

3. He tried to claim the Constitution didn't apply to him?

You’ve got to be kidding me.

Everything is so dumb.

[gratuitous]

4. Shouldn't be a problem

Unless, of course, you supported an attempt to overthrow the government by force.

[AZSkiffyGeek]

5. I admit, I thought this whole thing was a big hail mary

What with him not actually having been charged, much less convicted, of insurrection.
But man, the way he's fighting this, frankly, I'm surprised at how poorly his defense is going.

[Nevilledog]

6. This is different than removing someone from office.

And you know all these "state's rights" motherfuckers will say that states should have all the power......except to keep traitors off the ballot.

[peggysue2]

7. Cawthorn's reaction to the NC AG's position is a tell

If Cawthorne wasn't involved, this whole thing would be a big nothingburger, something he could easily dismiss. The fact that he's fighting the applicability of the 14th Amendment's provision, rather than standing firm on his own innocence, raises red flags galore.

The decision by the Board of Elections should be very interesting.

[SWBTATTReg]

8. All those participating in the events of 1/6/21 should be removed from office and no longer

be allowed to run for a federal office.

Traitors.

By the way, this includes the likes of josh hawley with his fist pumping the air as he walked by the rioters that day. What was he doing there at that particular time?

[LetMyPeopleVote]

9. This makes me smile

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