Organization Challenges Rep. Cawthorn’s Candidacy Using Constitutional Amendment Written to Keep Confederates Out of Congress

4 months ago 92

A non-profit enactment is utilizing a post-Civil War law amendment to delegitimize Rep. Madison Cawthorn’s (R-N.C.) candidacy for bureau successful the upcoming primaries based connected allegations of his engagement successful the Jan. 6 U.S. Capitol breach.

Free Speech For People (FSFP) represents respective North Carolina voters invoking conception 3 of the Fourteenth Amendment to the U.S. Constitution called the disqualification clause that states nary idiosyncratic who has engaged successful an “insurrection oregon rebellion” against the U.S. authorities tin beryllium a typical successful Congress.

The challenge, filed with the North Carolina State Board of Elections, alleges that determination is “reasonable suspicion” that Cawthorn was progressive successful the breach.

There person been aggregate conflicting narratives astir what took spot connected Jan. 6, including what the FBI’s relation was successful it.

Dr. Andy Jackson with the John Locke Foundation—an autarkic probe institute successful North Carolina that examines issues astir freedom, idiosyncratic responsibility, and constricted law government—told The Epoch Times that the amendment was ratified aft the Civil War to forestall those from confederate states who had served successful oregon supported the confederacy from holding positions successful Congress.

In its press release, Ron Fein, ineligible manager of Free Speech For People, said Cawthorn coordinated and aided what Fein described arsenic an insurrection.

North Carolina’s candidacy-challenge statute gives a registered elector the authorization to situation a campaigner based connected “reasonable suspicion oregon belief” that “the campaigner does not conscionable the law oregon statutory qualifications for the office, including residency.”

Former Associate Justice and Chief Justice of the North Carolina Supreme Court, Robert Orr and James Exum, respectively, volition beryllium serving arsenic peculiar counsel to the FSFP.

Once filed, the load of proof, according to authorities law, falls connected Cawthorn to antagonistic the complaint.

“The challengers mean to depose Cawthorn and members of his staff—something that the U.S. House January 6 Select Committee has not yet done,” the property merchandise stated.

FSFP cites tweets from Cawthorn arsenic grounds of his involvement, specified arsenic 1 successful which helium states that “the aboriginal of this Republic hinges connected the actions of a solitary fewer . . . It’s clip to fight.”

FSFP relies connected an nonfiction from Rolling Stone based connected 2 anonymous sources who alleged they were progressive successful pro-Trump rallies and had witnessed “multiple members of Congress” progressive successful a conspiracy to overturn the predetermination results done violence.

Rolling Stone said the 2 anonymous sources—who the mag said were besides sharing their accusation with the House committee investigating the Jan. 6 breach—named erstwhile White House Chief of Staff Mark Meadows arsenic a cardinal conspirator, arsenic good arsenic Cawthorn, Rep. Paul Gosar (R-Ariz.), Rep. Lauren Boebert (R-Colo.), Rep. Mo Brooks (R-Ala.), and Marjorie Taylor Greene (R-Ga.).

Cawthorn, who presently represents the 11th legislature district, a spot antecedently held by Meadows, has disputed the results of the 2020 predetermination and voted against certifying President Joe Biden.

Cawthorn’s spokesperson Luke Ball responded to the situation connected Twitter stating, “Over 245,000 patriots from Western North Carolina Elected Congressman Cawthorn to service them successful Washington. A twelve activists who are comically interpreting and twisting the 14th Amendment for governmental summation volition not distract him from that service.”

FSFP is requesting that the authorities Board of Elections appoints a multi-county committee to perceive the situation and that the challengers beryllium authorized to depose Cawthorn, arsenic good arsenic beryllium authorized to contented subpoenas to Cawthorn and others who person “relevant evidence.”

A spokesperson for the authorities Board of Elections told The Epoch Times that aft redistricting lawsuits are resolved, the board, according to authorities law, volition sanction a five-member sheet of region boards of elections members to perceive the challenges. Appeals to the authorities board’s determination would beryllium filed with the North Carolina Court of Appeals.

Preliminary Injunction

In December, the North Carolina Supreme Court ordered a preliminary injunction for the March primaries and suspended campaigner filings until 2 lawsuits alleging gerrymandering of redistricted maps are settled.

After being upheld successful the proceedings court, the plaintiffs appealed the ruling.

Jackson explained that arsenic a portion of its preliminary injunction, the tribunal wrote that immoderate appeals would skip the Court of Appeals and spell consecutive to the North Carolina Supreme Court, which has a 4–3 Democratic majority, though Chief Justice Paul Newby is simply a Republican.

In November, Cawthorn announced his run for the 13th congressional district, a territory presently represented by Rep. Ted Budd (R-N.C.).

Throughout 2021, Cawthorn was often seen astatine section schoolhouse committee meetings and state rallies successful his district, siding with parents who reason disguise mandates and captious contention mentation being taught successful school.

U.S. Senate

Budd, a Republican backed by erstwhile President Donald Trump, announced his candidacy for Sen. Richard Burr’s (R-N.C.) spot aft Burr said helium would not question reelection successful 2022.

Budd was 1 of 126 Republican members of the House of Representatives who signed an amicus little successful enactment of Texas v. Pennsylvania, which was a suit filed successful the U.S. Supreme Court contesting the 2020 statesmanlike election.

Other Republicans eyeing Burr’s spot are erstwhile North Carolina Governor Pat McCrory and erstwhile U.S. Rep. Mark Walker, a Republican.

Also successful the moving for Burr’s spot is erstwhile Chief Justice of the North Carolina Supreme Court Cheri Beasley, a campaigner for the Democratic Party nomination.

Other Republicans eyeing Burr’s spot are erstwhile North Carolina Governor Pat McCrory and erstwhile U.S. Rep. Mark Walker, a Republican.

Also successful the moving for Burr’s spot is erstwhile Chief Justice of the North Carolina Supreme Court Cheri Beasley, a campaigner for the Democratic Party nomination.

The U.S. Senate presently has 48 Democrats, 2 independents, and 50 Republicans, with Vice President Kamala Harris arsenic president of the Senate having the authorization to interruption a necktie connected a partisan ballot connected which the 2 Independents—Angus King (I-Maine) and Bernie Sanders (I-Vt.)—will typically caucus with Democrats.

Matt McGregor

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Matt McGregor covers quality from North and South Carolina for The Epoch Times. Send him your communicative ideas: [email protected]