Destroying Democracy to Save it? Court Advances Effort to Block GOP Candidates from Ballots

Below is my column in the Hill on the recent decision of a federal judge to allow a challenge to Rep. Marjorie Taylor Greene (R., Ga.) from appearing on the ballot as an insurrectionist. In my view, the underlying claim is meritless. The theory, supported by figures like Harvard Professor Laurence Tribe, runs against the clear language and history of the Disqualification Clause of the 14th Amendment.

Here is the column:

As the country braces for the midterm elections, the left seems to be rallying behind three D’s: Democracy, Disinformation and Disqualification. The latter effort just received a huge boost from a judge in Georgia who has allowed a challenge to knock Rep. Marjorie Taylor Greene (R-Ga.) off the ballot as an insurrectionist. Nothing says “democracy” like preventing others from voting.

Many of us have criticized Greene for her inflammatory rhetoric and her extreme views. No less dangerous, though, is the means being used by some of Greene’s critics to get rid of her. It is all part of a new movement to defend democracy by denying it. To paraphrase the Vietnam strategy, democracy can only be saved by destroying it through the denial of speech or the right to vote.

Many Democratic politicians and pundits have long pushed for censorship as vital to freedom. However, if such freedom-is-tyranny claims seem Orwellian, they are nothing compared to the push to disqualify dozens of candidates from appearing on ballots.

Judge Amy Totenberg ruled that critics could potentially strip Greene from the ballot due to her public comments before and after the Jan. 6, 2021, riot in Congress. Totenberg ruled that Greene’s critics could bring a challenge under the Constitution’s 14th Amendment, known as the “Disqualification Clause.” This is the same clause cited by some liberal members of Congress and legal experts as a way to bar dozens of Republicans, including former President Trump, from office for allegedly engaging in insurrection against the United States or giving aid and comfort to its enemies.

This argument most recently was used against Rep. Madison Cawthorn (R-N.C.), who also has been opposed by House colleagues on both sides of the aisle. Cawthorn prevailed in a federal court, which dismissed that effort; an appeal of that ruling will be heard May 3 by the U.S. Court of Appeals for the 4th Circuit in Richmond, Va.

There are similar efforts to block members like Arizona GOP Reps. Paul Gosar and Andy Biggs from appearing on state ballots.

Totenberg gave a green light to these constitutional claims despite both the constitutional text and history showing that the claims are meritless.

Section 3 of the 14th Amendment was written after the 39th Congress convened in December 1865, following the end of the Civil War. At the time, many members were not pleased to see former Confederates like Alexander Stephens (D-Ga.), the Confederacy’s vice president, appear in Congress to retake the very oath they previously violated by waging war against the country.

Whether Jan. 6 was a riot or an actual insurrection remains a matter of deep and largely partisan disagreement — but the disqualification clause was written in reference to a real Civil War in which more than 750,000 people died in combat. The Confederacy was a separate government with its own army, currency and foreign policy.

There is another problem: To the extent that a person can be disqualified under the 14th Amendment, it requires action from Congress, not a local board of election. Despite an otherwise long, careful opinion, Totenberg blithely set aside such details, including an 1869 decision by then-Chief Justice Salmon P. Chase. The case in question challenged the right of Hugh W. Sheffey to hold a Virginia state court office, given his support for the Confederacy. Chase ruled that Section 3 did not disqualify Sheffey because “legislation by Congress is necessary to give effect to” Section 3 of the 14th Amendment, and disqualification from office “can only be provided for by Congress.”

Congress later passed the Amnesty Act of 1872, which overrode the Disqualification Clause except for “Senators and Representatives of the thirty-sixth and thirty-seventh Congresses.”

The Supreme Court has repeatedly ruled that states cannot impose their own qualifications for Congress because it would “erode the structure envisioned by the Framers.” Under such an approach, partisan state election boards could simply conclude that a member is an insurrectionist and prevent voters from being able to make such choices for themselves.

Totenberg simply insists that barring an insurrectionist is the same as barring someone from running for president who is not a natural-born citizen or who does not meet the age requirement for Congress. However, age and citizenship are easily ascertainable qualifications stated in the Constitution for all candidates. There is no additional finding or action required for such disqualifications. Totenberg is suggesting that a local board declaring a representative to be an insurrectionist is the same as confirming the age or place of birth of a candidate.

As with the calls to censor disinformation, the growing calls for disqualification represent a serious threat to our democracy. Countries like Iran routinely strike candidates from ballots due to their underlying views or perceived disloyalty. Just as free speech allows good ideas to counteract bad ideas, free elections allow good candidates to prevail over bad candidates. The problem is that you have to be willing to live with the judgment of your fellow citizens rather than control what they read or who they may vote for.

In fairness to the court, Totenberg complained that “the parties devoted little time and few pages to the complicated questions inspired by this novel situation.” As such, she did not feel comfortable in granting an injunction for Greene. However, that expression of reluctance at the end of the opinion belies the sweeping language used to get there.

With the other pending cases, this issue may now be headed for a Supreme Court showdown. In the meantime, the Democrats will likely see in November whether the “three D’s” resonate as well with voters as they did with this judge.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. Follow him on Twitter @JonathanTurley.

494 thoughts on “Destroying Democracy to Save it? Court Advances Effort to Block GOP Candidates from Ballots”

  1. “To the extent FORCE was used – it was used to secure actual rights”

    A great deal of the force was used illegally, as with the force used to break the windows of the Capitol Building and enter through the windows, evading security. See, for example, the video at the bottom of this comment. The guy who broke the window on the left is Dominic Pezzola, charged in the Proud Boys conspiracy with Nordean, Biggs, Rehl, Donohoe, and Tarrio.

    “why weren’t Kavanaugh protesters ? One of those took an axe to a senators door”

    As I already pointed out to you (here: jonathanturley.org/2022/04/23/destroying-democracy-to-save-it-court-advances-effort-to-block-gop-candidates-from-ballots/comment-page-2/#comment-2177258 ) and you ignored:
    Some were fined and others were jailed.

    “One Kavanaugh protestor who took an AXE to a senators door – had the axe returned.”

    I doubt it. I suspect that you’re confusing two very different events that took place years apart (2020 rather than 2018) and over 1000 miles apart (Fargo, ND, not DC): 
https://jonathanturley.org/2021/11/26/antifa-member-who-took-axe-to-senate-office-given-probation-and-his-axe-back/
    
But if you name the Kavanaugh protester you allege “took an AXE to a senators door – had the axe returned,” we can look up the details.

    You keep repeating this false claim about Kavanaugh protesters not having been charged and your unsubstantiated claim that one of the Kavanaugh protesters “took an axe to a senators door”

    You apparently do not want to learn.

    1. “conspiracy with Nordean”

      Since ATS is at it again, I propose he answer a question. He objects to others, saying Jan6 people are being denied bail as justice is absent.

      What about Nordean? The evidence against him for anything major like violence is non-existent. He was initially permitted out on house arrest but then put in jail, primarily in solitary confinement.

      ATS explains how Nordean is in jail when you say such occurrences aren’t happening. His father offered over $1 million bail risking his business and assets. Alternatively, you can admit you were lying.

      His underlying crime was supporting Trump. Videos show a man walking from the Washington Monument and through an open door of the Capitol Building where the police stood by. The release of such videos was met with strenuous resistance from the Biden administration.

      To my knowledge, the worst charges against him are non-violent, conspiracy and obstruction, both of which are on tenuous grounds not deserving a jail sentence without bail where most of the time was spent in solitary confinement.

      1. Jonathan Tyrley: Stop with the “many of us have criticized” attempt to destroy our leaders. This is how you guys tried to take down President Trumo too. Did you criticize
        Ilhan Omar? AOC?

      2. Correct he zeros in on the over use of Words such as sexist, racist, bigot, as a continuación and inflamation instead of —refusing their use.

        Prime example is over use of ‘persons or person to replace genders.

        How? Is there a ‘perdaughter?

        Describes how silly person with its over elongated garbage sounds.

        1. Best way to defeat racist sexist bigoted etc.is treat it as a four letter word. It will soon dissolve into its founders the socialist party

  2. “What is most notable about these controversies is how only conservative, libertarian or minority viewpoints seem to result in cancellation or termination. When liberal faculty make racist or violent statements, they are rarely sanctioned.”

    Turley must never have heard of Florida and Texas? Disney should sue DeSantis for a violation of its free speech. Texas libraries are being raided and librarians fired. This whining that only conservatives are being censored is total crap.

  3. Most of these individuals who re attemting to “disqualfy” anyone who happened to be near enough to the Capitol on 6th January for their cell phone tracking data to place them there, will also do nothing to prevent an individual who they claiim is next in line to replace the Sleepy One, despite the fact she is clearly diqualified by the plain language of the Constitution. Harris is NOT a Natural Born citize.That status is only gained by having been born of TWO United States Citiezns as of the time of the subbut they who would “disqualify” someone for some free expression of their own oipiinon would ctivey promote Harris to the presidence. Her father was Jamaicn born, and a British SUbject because of that. Her mother was (east) India born, and thus not US citizen. Clear boundaries, very openly and obviously crossed, yet they’d be fine with that. ject’s birth. Both Harris’ parents were foreign nationals when she was born. thus she is NOT qualifeid to hold office of pred=sident.

    1. She’s a natural born citizen because she was born in the US, and her parents were not here on diplomatic visas.

  4. First, no officeholders in the confederacy ever made war against their own country. The states involved nad each and all, of their own free choice, JOINED the Union. When the terms of remaining joined changed, they just as freely and lawfully decided to LEAVE. THEY did not make war on tne northern non-seceding states.
    Would it have been legal and just for Union naval vessels to blockatd, seuze, destroy, etc, Mexican merchant ships? then it was equallly illegal and unjust for that same Navy to clockade, seaize, destroy Confederate shipping. At that point in time the confederate States of America were a soverign foreign nation. The \Union’s sea blockade and later invasion were blatant acts of war upon a sovereign foregin nation.

  5. RE: CANCEL CULTURE Given that; 1) various facets of Democracy are about providing a civil, non-violent option for people to join together their diverse strengths as well as resolve disputes, 2) when we remove the a) 1st Amendment Right to Free Speech, b) the right to assemble (without anonymous CIA Agents Provocateur) & c) the right to electoral candidacy or suffrage from people (eg. Republicans), we disagree with, then A) What civil option have we left our perceived opponents & B) How do we know anything about them or even if what we believe ourselves, is rigorously true? ‘Democracy’ (Greek ‘power-of-the-people’) is much more than 5 minutes every 4 years or one-member/one-vote.
    Traditionally all humanity’s worldwide ‘indigenous ancestors practiced Economic Democracy of people owning their ~100 person Multihome-Dwelling-Complexes (eg. Longhouse-apartment ,Pueblo-townhouse & Kanata-village) homes & workplaces as the specified foundation for healthy ‘Political’ (Latin ‘poly’ = ‘many’ + ‘tics’ = ‘workings-of’) democracy. Economic Democracy means empowerment & decision-making throughout the ‘body-politic’, much as the human body is governed by memory & ‘fractal’ (‘multiplier, building-block where the-part-contains-the-whole’) decision-making capacities of all its organs, tissues, cells, parts etc. https://sites.google.com/site/indigenecommunity/relational-economy/8-economic-democracy

  6. But could a candidate be disqualified because he/she imposes on Government his/her religious views and believes, does this infringe on the First Amendment? Is this a cause for disqualification as an “Insurrectionist? If feminism is eventually considered a Religion by the standards set by the Supreme Court, Federal Law and Jurisprudence, could feminists be barred from elections as promotion the building of a Church within Government (which they have already done by the way?) Is feminism Democratic or Republican, is it from the Right or the Left? Feminism is Pan Political, it has created its own political axis as has Monotheism…so what then?

    1. No a candidate could not be disqualified for that.
      A candidate must meet the qualifications in the constitution – that is all.
      Everything else is up to voters.

      The first amendment does not prohibit candidates from holding religious positions.
      It does not prevent government from imposing laws reflecting religious values.

      It Prevents government from discriminating against people because of religion.
      It prevents govenrment from establishing a specific religion.

  7. These idiot Lefties are like oblivious little children who think they’re playing some kind of game. They don’t seem to grasp what a deadly, dangerous thing it is to try to tell people who they can and can’t vote for to represent them. At some point, if they don’t come to their senses, their senses will likely be come to for them–at the end of a gun.

    We alive today are not coming out of a civil war, with one side depleted and worn out from fighting the way the losing side was when the (illegitimately adopted) 14th Amendment was enacted. We’re very possibly at the beginning of one, and if we are, it will be due in no small part to corrupt shenanigans like this one from Totenberg and Company.

  8. Democracy ???? and what democracy would that be??? maybe in Greece circa -300 bc a direct one one not run lobbyists. surely not this fraudulent one in d c and every state capitol county and city in the u s ..oligarchy is the real name and has been since the inception of this cabal. name a time when it wasn;t how abiut potus jackson lincoln wilson fdr and on and on.

  9. The ultimate solution is a totally “Independent Judiciary” to provide constitutional “judicial review” – “Marbury v. Madison” was fundamentally altered during the so-called “War on Drugs” with rulings like “Terry v. Ohio”. This is the solution to Greene’s “tyranny of the majority” policies.

    Judicial Review protects Americans of both parties.

    1. No. the solution is extensive checks and balances. It is all the purportedly anti-democratic structures in the constitution the left rails about.

      It is pitting corruption against corruption.

  10. What is urgently needed is a way for us voters to get rid of corrupt federal and state judges.

    1. It is supposed to be up to the senate to do that. However, they are hands off once a judge is appointed. I guess the liberal “resist” movement was/is not insurrection? Republicans better take note and treat the dems the same way they treat their opposition.

    2. If you have evidence that they’re corrupt, send it to you House Rep. with a request for impeachment.

      But disagreeing with a ruling is not evidence of corruption.

      1. If Republicans politicize impeachment in the way that the left has – then we would see the entire executive and half the federal bench cleared.

        Be careful what you wish for.

  11. I have read Tribe’s Con law book – have you ?

    There is a chasm between the Constitutional law professor who in the 80’s and 90’s wrote some pretty good constitutional law texts and what Tribe says today.

    I listen to him speak at UofP about a decade ago – while his intellect was not what it had been in the 20th century, he was still capable.

    He has subsequently discovered Twitter and he has no idea when to shut up.

    Laurence Tribe needs an intervention.

    Like myriads of democrats he is suffering from Trump derangement Syndrome.

  12. Yes, he is defending MTG – that is to be expected.

    Turley is an actual liberal – not a left wing nut.

    He is among those who would have defended Eugene Debbs, or the teachers and actors, and writers who were drug infront of MacCarthy because the refused to say if they were communists or to identify others as communists.
    He would have defended the KKK marching through cities or the Nazi’s marching through Skokie.

    For those things – Turley is a hero.

    But you are to evil or too stupid to understand that

    Turley is defending a CORE american value

    And you are abandoning it.

    Turley is quite litterally seeking to Make America Great Again
    and you are looking to destroy it.

  13. A case could be made that most Democrats in office are insurrectionists. We have all those delicious examples of people calling for the assassination of Donald Trump, uprisings, etc.

    Live by the sword, die by the sword.

  14. Democrats: Questioning elections we lose is a civic duty. Republicans questioning election integrity or clear wrongdoing is treason. When we riot, loot, commit arson, or conquer entire city blocks, preventing police from entry, that’s fighting the good fight. One single protest that turned into a minor riot, which disrupted Congress and broke a few windows, however, is insurrection and treason.

    Democrats cannot win a fair fight, so they cheat. The latest example is trying to prevent Republicans from getting on the ballot at all. This is the latest example of election fraud that Democrats pretend does not exist.

    Why is Maxine Waters still allowed to hold office, since she told people to “get out, make a crowd, and make sure they know they aren’t welcome anywhere anymore.” Or Nancy Pelosi “I’m not sure why there aren’t uprisings. Maybe there will be.” Or Joe Biden and Kamala Harris, who bailed out Democrat rioters. Why isn’t every single Democrat who failed to denounce Antifa and racist BLM still in office?

    BLM is a racist and violent organization, the founder of which allegedly committed major fraud with donations. Why was Trump asked to denounce white supremacy thousands of times, while Democrat politicians are not asked to denounce BLM and Antifa every time they are interviewed?

      1. Mark, conservatives have been ineffective for years. They stood by and watched as the Left took over the public education system, and academia. Instead of leaving their political beliefs at home, Democrat teachers and administrators felt entitled to use school time to politically groom students to their way of thinking. Conservatives just complained but did nothing.

        1. Karen: I am thoroughly sick of an uneducated person like you purporting to lecture people about education, health, politics, religion and everything else which you spin as hateful rhetoric against Democrats. You never even went to college, but you think you know all about what “conservatism” is, but you don’t, as proven by your frequent ill-informed writings. If you really understood conservatism, you’d understand why Trump and those who support him aren’t conservatives. You could possibly read “The Bulwark” or other writings by real conservatives like Bill Kristol, Rick Wilson, George Conway and others who could school you about what “conservatism” is, but you are immune to facts.

          1. @Natacha – I too “am thoroughly sick of an uneducated person like you.” I’m glad your post gave me the right words to use to express myself in a much more civil manner than I originally intended. It is infinitely amusing that you are (unartfully) lecturing someone about their positions on “education, health, politics, religion and everything else,” when those are the very topics you pontificate about in your own “frequent ill-informed writings.” If there were ever to be an expert about someone being “immune to facts.,” you would be far and away the clearest choice.

            I don’t normally engage members of the Idiot Brigade ™, but I do thank you for making me (literally, in the most literal of senses) laugh out loud.

    1. What, you don’t support the “rules based order?” Tyranny always comes home to roost.

    2. ReTrumplicans never QUESTIONED anything: that’s just a dodge from the truth, like saying Trumpy Bear is “feisty” when he insults heads of state, other politicians and celebrities. The hog you worship begin claiming that his “landslide victory” would be “stolen” due to a “rigged election” BEFORE Election Day, because his delicate ego couldn’t stand the fact that he was way behind in the polls. Republicans went along with the Big Lie, and those who won’t get drummed out of the party. It’s still a Big Lie, though. The difference between “questioning” an election and the Big Lie is that there has to be some tangible proof that the results are not fair, or that there is proof of widespread fraud. NO such proof exists, so Republicans aren’t “questioning” the results: they’re going along with the Big Lie because assuaging the ego of the pathological liar and narcissist who has taken control of the Republican party wields power and they are afraid of him. Seizing power is more important than the truth. No amount of lying about Trump being cheated out of his “landslide victory” will change the facts: he lost because Americans never wanted him in the first place.

      It’s the REPUBLICANS who cannot win a fair fight, so they cheat. That’s why they are furiously gerrymandering everywhere they can, that’s why local election officials are being arbitrarily replaced with those would do what Trump demanded of Brad Raffensberger–find votes that don’t exist, and those who won’t resign are being harassed and even threatened. This is to set the stage for the next time Trump tries to cheat his way back into power. The American people won’t have Trump. We didn’t want him in 2016 or 2020. Polls prove most Americans DO NOT support Republicans, and they have been consistently losing ground, year after year.

      You say there’s election fraud “Democrats pretend does not exist”. You are lying again. Why hasn’t evidence of this “election fraud” been uncovered despite dozens of recounts, re-recounts, forensic audits, all 50 Secretaries of State certifying the election results, Bill Barr finding no evidence of widespread voter fraud, Chris Krebs, appointed by Trump as head of cybersecurity, saying there was no manipulation of votes or machines, and no voter fraud, and dozens of lawsuits finding no evidence of widespread voter fraud? Trump was predicted to lose, he never got even a 50% approval rating in 4 years’ time, and he destroyed our economy with his stupid tariffs and botched handling of the pandemic, resulting in businesses, schools and factories being shut down, causing a shortage of consumer goods and computer chips all of which has resulted in a shortage of consumer goods, higher prices and inflation that ReTrumplicans try to blame Biden for. America is still trying to recover from Trump.

  15. January 6th was not an insurrection. It was a protest that ran amok.

    Framing it as an insurrection was a shockingly successful ploy by Democrats, desperate to shed their own entrenched image of provocateurs, lawless, drivers of riots, arson, looting, assaults, and the anti-police movement that directly resulted in more murders.

    For over a year, we watched Democrats burn Democrat cities across America. “Nothing to see here. It’s mostly peaceful protests,” said the Democrat media, while in front of burning buildings. Democrats were having a difficult time shaking the fact that they drove riots and unrest. BLM threatened to burn down cities unless juries handed verdicts of which they approved. In an act of actual insurrection, Democrats seized entire city blocks and claimed them as “autonomous zones”, while organized crime would be more apt. They took control of areas of cities, and kept out police, fire, and ambulances, and they ruled by terror. Businesses and residents trapped inside were rightfully afraid to dissent with Democrats pointing a loaded mob at them. The Left is a totalitarian movement, even if they claim it’s for your own good.

    Democrats heaved a great sigh of relief when some excited fools, including one in face paint and buffalo horns, excitedly breached the Capitol. It turns out the rumors were true. Some Capitol police did in fact wave them inside. This fact has allowed at least one protestor to get off. Video shows most protestors happily taking photos and looking like they were on a tour. Unfortunately, a few broke windows and interrupted a Congressional proceeding. Police shot an unarmed woman who was in the act of wiggling through a broken window. She was not wearing a Handmaid Tale cloak, however, so this was permissible.

    Democrats ludicrously claimed that this disorderly protest turned riot was an actual attempt to take over the United States, a nuclear power. With what? Bison horns? Slogans? Shaking fingers? Don’t ask those questions. Democrats will just keep repeating it was an insurrection over and over again until their followers’ eyes glaze over and accept the narrative as Gospel. At that point, they will not respond to questions. Such as how do you overthrow a major government without even firearms?

    Definitely don’t look up the charges that were filed agains the protestors, many of whom suffered long months in solitary confinement, while Democrats who burned down businesses, or assaulted human beings, either escaped charges or were diverted to counseling. Most of the Jan 6 charges were illegally parading, trespassing, and a few were guilty of interfering with a Congressional session. Strangely, Democrat Handmaids and similar protestors tend to escape such charges.

    Don’t ask why there was an easily verifiable politically-motivated double standard of the law.

    It’s easy to see who holds the power in this country. It’s Democrats. They’ve amassed power inside 3 letter agencies, the education system through grad school, some major corporations, Hollywood, social media, even internet search engines. It is amorphous and difficult to vanquish, like the Hydra.

    Do you stand with the totalitarian Hydra, or with individual liberty? They are mutually exclusive.

    1. This comment section is insane. You lost the election and tried to prevent the transfer of power. Actions have consequences you losers.

      1. You stole an election and are now trying to prevent any democratic challenge to your ill gotten power. You are true traitors and criminals.

        1. So you think that stopping by FORCE a legal session of Congress to count the votes is democratic? By the way the GOP leaders at the time called what your traitors did a crime. Simple. YOU are the Nazis!

          1. Protestors did not seek to STOP congress they sought to influence the way they voted.
            The decision to suspend the session was made by congress critters.

            To the extent FORCE was used – it was used to secure actual rights – the right to free speech – political speech being the most protected form of speech. The right to petition government, the right to assemble – BTW the permit for the event indicated that some people would likely go to the capital to continue to protest – so they did have a permit for this.

            And quit tossing arround Nazi like you know what it means. Nazi’s are national socialists. Fascism is a form of SOCIALISM.

            If as you claim the J6 protestors were FORCIBLY interfering with congress – then why weren’t Kavanaugh protesters ?
            One of those took an axe to a senators door. They actually accosted and demanded that Senators vote against Kavanaugh.

            We have open constitution and bill of rights. You are free to argue for a different interpretation of it than I do.

            You are NOT free to argue for one interpretation when it involves the conduct of republicans and a completely different one when it involves the conduct of democrats.

            Antifa in portland VIOLENTLY attacked the Federal Courthouse for several months.
            Few are going to jail despite orders of magnitude more destruction – including the murder of counter protestors.
            None are going to jail for long. Many even profited – democrats paid their bail, and then when charges were dropped – they got to keep the bail money. It was like they were getting paid to violently protest.

            1. John B Say (@johnbsay) says:

              “To the extent FORCE was used – it was used to secure actual rights”

              A great deal of the force was used illegally, as with the force used to break the windows of the Capitol Building and enter through the windows, evading security. See, for example, the video at the bottom of this comment. The guy who broke the window on the left is Dominic Pezzola, charged in the Proud Boys conspiracy with Nordean, Biggs, Rehl, Donohoe, and Tarrio.

              “why weren’t Kavanaugh protesters ? One of those took an axe to a senators door”

              As I already pointed out to you (here: jonathanturley.org/2022/04/23/destroying-democracy-to-save-it-court-advances-effort-to-block-gop-candidates-from-ballots/comment-page-2/#comment-2177258 ) and you ignored:
              Some were fined and others were jailed.

              “One Kavanaugh protestor who took an AXE to a senators door – had the axe returned.”

              I doubt it. I suspect that you’re confusing two very different events that took place years apart (2020 rather than 2018) and over 1000 miles apart (Fargo, ND, not DC): 
https://jonathanturley.org/2021/11/26/antifa-member-who-took-axe-to-senate-office-given-probation-and-his-axe-back/
              
But if you name the Kavanaugh protester you allege “took an AXE to a senators door – had the axe returned,” we can look up the details.

              You keep repeating this false claim about Kavanaugh protesters not having been charged and your unsubstantiated claim that one of the Kavanaugh protesters “took an axe to a senators door”

              You apparently do not want to learn.

          2. Were the minutemen at Lexington and Concord Nazi’s ?
            You really are clueless

            People protest rigged elections all over the world all the time.

            And leaders like Putin, or Lukashenka, or … say the same things that you say – that everything was kosher, and they have courts that back them up, and then they unlease thugs on protestors – sometimes murdering them.

            Please explain to me exactly how we can tell the rigged elections in other countries from what you call the perfect election in 2020 in the US ?
            Below is an article on Election rigging by democrats from Miranda Devine – that would be the NY Post reporter that broke the Hunter Biden Laptop story that democrats quashed.

            I think she might now a little bit about conspiracy to influence the outcome of an election.

            https://nypost.com/2022/04/24/biden-is-up-to-old-election-tricks/

            1. From the Post article:

              “Shockingly, even this narrow way of looking at just our 2,000 mules in these swing states gives Trump the win with 279 electoral votes to Biden’s 259,”

              …And some do not believe that the election was lawless.

          3. You claim there was no “election Fraud” – What exactly is it when the Media, Big Tech, our national security aparatus all conspire to KIll an Obviously true story of the Biden family corruption in order to win an election ?

            Do you think that is not a justification for challenging the election results ?
            You challenged 2016 over obviously bogus claims of russian collusion.

          4. We have seen the media, Big Tech. Democrats, the left, the national security aparatus, the FBI, the DOJ, the Special Counsel, The State Department, the courts …

            ALL Lie to us about many many many matters over the past 6 years *actually much longer, but the scope and scale is getting worse).

            Why should anyone beleive you – about anything.

            You say the election was not stolen – what evidence do you have – what authority can you offer that has not been caught repeatedly in lies over the past 6 years ?

            Why exactly is it that we should beleive that the people and institutions that sold the HOAX Steele Dossier – the Faked Alpha Bank data, the false Russian Bounties stories, that got warrants to spy on political opponents by lying to the courts – who bought the obvious lies, who conspired to bury the Truth about the Bidens, who lied to us over and over again about Covid – and so much more.

            Why should we believe those people would not commit election fraud ?

      2. Yeah, the guy who couldn’t garner 100 people to a “rally” lost against the guy who garnered 90 miles of supporters in Arizona. Yep, Biden won! And I have a bridge to sell morons like you.

      3. The electioin ws not “lost” it was badly and deliberately mis-counted so as to change the outcome.

        The
        action” on sixth January was NOT to “prevent certification” but to voice objection to the obviously stolen election. When counties counted more votes for one side than there were registered voters in that county and in some cases, eligible citizens, regstered or not, that election shuod NOT have been certified.

        1. Tionico: AS PREDICTED BY EVERY POLL, Trump lost. Biden’s victory was certified by 50 Secretaries of State, forensic audits, recounts, re-recounts, more than 60 lawsuits, Bill Barr investigating and finding NO evidence of widespread voter fraud, and Chris Krebs certifying that 2020 was the most-secure election in US history. Jan 6th was the result of a failure of man whose fragile ego demands power, adulation and approval, and who can’t stand losing. The sad and inexplicable thing about this is that despite all proof to the contrary, he gets so many gullible people like you to believe the Big Lie.

          1. Which polls. Polls lie. People were lying to pollsters to f with them too ya know.

            Krebs was talking about at the federal level. Swing states were corrupt as hell.

            There’s evidence at the state and county level. Gobs of it.

          2. Bill Barr is lying. About a lot of things. He’s a creature of the Swamp. They all lie all the time.

      4. Why should anyone beleive the people who told us that:

        You can keep your doctor if you want to.
        Benghazi was a spontaneous protest to an internet video
        Trump colluded with Russia to win the 2016 election,
        Hunter Biden’s laptop was russian disinformation.
        ……

        Why should we beleive that a party that would impeach a president for looking into foreign corruption of prior leaders,
        That would bury all stories that were true but politically harmful
        That would use private money to find a government operated GOTV operation in key cities to win an election

        Would not also commit fraud and then cover it up ?

        Disposing of the claim that the election was stolen is quite easy.
        Instead of falsely claiming there has been meaningful inquiry
        Actually conduct meaningful inquiry.

        Though I would start with the Time article where the left BRAGS about how they stole the election.

      5. Greg:

        President Donald Trump did, in fact, turn over the presidency, even though allegations of malfeasance were still ongoing. The Pennsylvania lawsuit failed because Giuliani took it over, and derailed it from the original, solid foundation that it violated the 14th Amendment. Different precincts applied totally different legal standards to absentee ballots, which was in clear violation. Giuliani completely derailed that strong case. Meanwhile, the Left employed so many death threats against the lawyers that the rest of them dropped off the case. It was Democrats’ way, or death.

        Democrats brought myriad lawsuits every time they lost an election, most memorably when Gore lost. They exhausted all legal avenues.

        Donald Trump also used legal avenues, but the clock ran out. He certainly did explore legal options to get more time, but Mike Pence disagreed that there was anything his office could do.

        When the time came, Donald Trump did not delay handing over power.

        I most certainly did not try to prevent the transfer of power. A group of people protested the election verification at the Capitol. Most of them were basically tourists taking pictures and calling slogans. A very few of them made a real nuisance of themselves, and disrupted the Congressional proceeding. They were arrested and almost all were charged with illegally parading and trespassing. Some of those are getting their cases thrown out because the police waved them inside.

        Don’t pretend Jan 6 was some sort of invasion or insurrection. It didn’t hold a candle to the violence or damage as the BLM riots that burned the Democrat cities across the country for over a year.

    2. Karen: I know Hannity doesn’t cover this, but evidence is adduced day after day by the Jan 6th Committee of the thorough advanced planning for preventing Biden’s victory from being certified in an effort to force Trump on America despite his loss. It started with lying before election day that the glorious “landslide victory” would be stolen, and continuing thereafter with “Stop the Steal” rallies in which fans were told to come to Washington and “fight like hell or you’re not going to have a country anymore”. There were calls to “Hang Mike Pence”, and a group of Trump fans were in a motel outside DC with a cache of weapons, waiting for their exalted leader, who promised he would join them, to give the call for arms. Of course, Trump wimped out, afraid that he would get his fat axx shot or maybe even his wig displaced with cameras rolling, but he spent about 3 hours basking in the glory of how much he was loved and how powerful he was, while fans and family begged him to get it stopped. At the end of his speech telling his loved ones to go home he said “we love you.” If that’s not some sick sh*t coming from a POTUS addressing insurrectionists who invaded our Capitol to try to stop the peaceful transfer of power, I don’t know what qualifies. This was a well-planned and coordinated event, with the participation even of members of Congress and wife of a sitting SCOTUS Justice who was even present during the insurrection. This was anything but a “protest that ran amok”, and no amount of lying and downplaying will convert this treasonous plot into some spontaneous over-reaction by a few horn-wearing zealots.

      What is ludicrous is sheep like you who ignore facts: the biggest fact is that Donald Trump is a loser: always has been, always will be, and everything he ever got was either given to him (by his Daddy) or he cheated to get, including the presidency of the USA. He is NO leader and can’t even successfully run a business, proven by multiple bankruptcies, his real estate empire being under water and the long list of failed ventures, including 3 casinos. Yet, that massive ego demands power and adulation, so with the coordination of his campaign, Russian hackers helped him spread lies about Hillary Clinton in districts where her support was soft enough that voters could be swayed and enough Electoral College votes could be gotten to overcome the popular vote. It worked, but America never wanted Trump, so it never approved of him in 4 years’ time while he occupied our Oval Office. He was predicted to lose by every poll, but his ego cannot handle rejection or being branded a “loser” that he began laying the groundwork for the attempted insurrection. Everyone who isn’t a Trumpster (and even some who are) saw Jan 6th for the culmination of Trump’s effort to cheat once again, including Mark Meadows, who is trying to lie his way out of what he said at the time. Republicans are pathetic. And, please stop lying about Democrats burning down cities.

      1. The Dems and their Antifa BLM brownshirts burned the hell out of cities all across the country and the Dam political leaders cheered them on. Sad part is they were burning, looting, destroying black neighborhoods. Little white punks running wild destroying inner city hoods — like Hillary’s freaky VP running mate Tim Kaine’s Antifa scum son.

        1. This is just false equivalency: trying to equate the planned and coordinated assault on the Capitol to try to reinstate Trump after he lost the election with some rioters that got out of control who were protesting, usually the shooting of an unarmed black man. The difference is, the Democratic party didn’t tell protesters to go and riot, it was not planned in advance, nor were those riots intended to thwart the outcome of an election. No comparison whatsoever.

          1. Ban one named secret coalitions and partys especially the socialist fascist notchasskah variety

          2. ‘This is just’ etc higlights the socialist fascist principle of looking in the mirror first describing them selves.then blaming the rest of the civilized citizen. Curiously but not seriously the find the socialist fascists are mirror image of pillosillyni, ocasionelli and poachahauntass.

  16. There are two critical true facts that help explain Judge Totenberg’s decision to allow this trial to go forward:
    1. She’s an Obama appointee
    2. Her sister is Nina Totenberg, a very vocal journalist for NPR (national public radio)

  17. This is the comment I left at the ZeroHedge page of this article:
    Look up Free Speech for the People, the leftist activist group that is pushing for MTG’s ouster via this case as well as other Republicans. The group claims to be non-partisan but it is not. They pushed for Trump’s impeachment the day he took the oath of office. Check out their funding and supporters at InfluenceWatch’s page. They supposedly started as a group against the Citizen’s United ruling. Like TIME magazine’s cabal and Zuckerberg’s $350 million, the claim is that they are for democracy. Their version of democracy is perverted by their political bias.

    1. That last is ground truth.democrats are not democratic nor are their fascist right wing.Ground Truth is Two parts. The party system has failed and needs replacing. With coalitions of Citizens not socialist fascists.

  18. 265+ comments and not a single one finds any of Prof Turely’s post to be inaccurate. Leftist can only deflect. Engaging on the facts always show them to be wrong

    1. Leftists are not Citizens.Nor rightists. They are socialists or fascist and/or both.

      Citizens are Constitutional Centrists. Only to be found in the center of our Constitutional Republic. Of,By,and For The Citizens.

      The Center is not an uneducated lunatic fringe left or right. It IS The Constitution.

      The fringe is the writings of both eerily similar left and right Lenin and Hitler and todays socialist fascist manifestos.

      Where do you find true practitioners of democracy? In the center of The Constitution. The founders didn’t reject it they placed the good parts in The Constitution where it could be safe and useful.

      Then called it self governing citizens the well spring of a ground truth system.

      A shame non citizen’s like Milley, Ocasio, Scummer and Pelosillyni went to play traitor and both RINOs and DINOS.

    2. Just because a JT post does not contain any factual inaccuracies does not mean that the post can’t be criticized for a difference of opinion and a need for JT to provide more context, explanation, and analysis. In some cases like the Amnesty Act of 1872 you and others I thought provided the explanation and analysis (and debate) that JT did not provide.

    3. @Iowan2 – You should try reading Natacha’s posts. S/he is on here everyday refuting Mr. Turley with facts and well reasoned arguments.

      (Well, actually, her facts are made up and by well reasoned I mean incoherent, but hey, at least she works hard to meet her daily word quota.)

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