'Insurrection' claim against Republican triggers constitutional lawsuit

Protesters confront police at the U.S. Capitol on Wednesday, Jan. 6, 2020. (Video screenshot)
Protesters confront police at the U.S. Capitol on Wednesday, Jan. 6, 2020. (Video screenshot)

Several individuals in the state of North Carolina have claimed that they have “suspicion” that Rep. Madison Cawthorn, a Republican, took part in an “insurrection” and he therefore is not qualified to be in Congress.

They want him removed from the ballot.

But he is fighting back, with a federal lawsuit that cites multiple constitutional grounds for rejecting their demands.

The issue is a Civil War era provision that was adopted to disallow those who actually took part in an insurrection against the United States, at the time those events like the Civil War, from being in Congress later.

And it’s why Democrats for the last year have insisted over and over that the Jan. 6, 2021, riot at the Capitol actually was an “insurrection,” that those selfie-takers who lounged in House Speaker Nancy Pelosi’s office and broke windows were, in fact, trying to overthrow the U.S. government to replace it with something else.

The facts are that it was a protest during which a few hundred people rioted, and many arrests have been made.

But Democrats have to insist it was an “insurrection” because they want to use that assumption against Republicans who were in Congress and perhaps even shared some of the rioters’ concerns about the 2020 presidential election processes, which remain under investigation even now.

It’s Section Three of the 14th Amendment that is the provision disallowing insurrectionists.

But Cawthorn, through his legal team at The Bopp Law Firm, charges that the state’s law allowing challenges to his eligibility violates the First Amendment, violates his Due Process rights, violates the House power to determine the qualifications of its members and violates federal law.

Madison Cawthorn speaks at the Republican National Convention on Wednesday, Aug. 26, 2020 (RNC video screenshot)

The circumstances were that President Trump, and many others, raised concerns about the election processes, and questioned the accuracy of the victory given to Joe Biden.

What is known is that a number of issues remain under investigation. A coming documentary reveals hundreds of “mules” were hired to dump piles of mail-in ballots in drop boxes during election night’s overnight hours.

Also, independent analyses have concluded either of two ways likely “bought” the election for Biden. One was the $420 million Mark Zuckerberg gave to mostly leftist election officials with instructions to recruit voters from Democrat districts, and the other was the collusion by legacy and social media companies that decided to suppress accurate, and damaging, reports about the Biden family international business scandals just before the election.

The case explains the state procedure for challenging a candidate is faulty.

James Bopp Jr., lead counsel, said, “The Challenge Statute violates fundamental principles of rights to free speech, due process, and federal law. Requiring someone to prove he didn’t do something based upon the barest of ‘suspicions’ is patently unfair and unconstitutional. But more fundamentally, the people should decide who represents them, no state bureaucrats in Raleigh.”

Cawthorn’s federal lawsuit names the state Board of Elections, which received some complaints based on nothing more than “suspicion” that he took part in an “insurrection.”

It then requires Cawthorn to prove he didn’t.

The legal team explained under the state law, the candidate must prove “that he is qualified to run for office. This burden shifting turns our legal system on its head, requiring someone prove his ‘innocence’ when challenged.”

“Running for office is not only a great privilege, it is a right protected under the Constitution,” Cawthorn said. “I love this country and have never engaged in, or would ever engage in, an insurrection against the United States. Regardless of this fact, the Disqualification clause and North Carolina’s Challenge Statute is being used as a weapon by liberal Democrats to attempt to defeat our democracy by having state bureaucrats, rather than the People, choose who will represent North Carolina in Congress. I’m defending not only my rights, but the right of the People to democratically elect their representatives.”

Bopp pointed out it’s one of the strategies the Democrats are using to expand their hate campaign against Republicans.

“Ominously, this is not an isolated effort,” said Bopp. “Marc Elias, the Democrat lawyer behind the Trump Russia hoax, announced a few months ago a nation-wide effort to disqualify about two dozen Republican Members of Congress under this bizarre legal theory. Rep. Cawthorn is just the tip of Elias’ spear. Of course, this would mean that some two dozen Democrats might be running without a Republican nominee, cementing Democrats’ control of Congress. This despicable effort needs to be stopped here and now and Rep. Cawthorn has pledged to do everything necessary to do so.”

Defendants are state board members Damon Circosta, Stella Anderson, Jeff Carmon, Stacy Eggers, Tommy Tucker and Karen Bell.

IMPORTANT NOTE: While Joe Biden, Kamala Harris and Nancy Pelosi’s “House Select Committee on the January 6 Attack” daily accuse law-abiding, patriotic, conservative Americans of being “domestic terrorists,” “violent extremists” and “insurrectionists,” a REAL INSURRECTION – indeed, a full-scale MARXIST “RESET” of the greatest nation on earth – is well underway in the United States of America, led by them. Remember the rule: Whatever today’s Democrats are falsely accusing their critics of doing and planning, that is precisely what they themselves are ACTUALLY doing and planning. The reality of all this is stunningly documented and explored in the January 2022 issue of WND’s acclaimed Whistleblower magazine, titled “THE REAL INSURRECTION: Branding normal Americans as ‘terrorists,’ Democrats pursue total revolution.”

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This article was originally published by the WND News Center.

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