Columns, Congress, Constitutional Law, Supreme Court

Ballot Cleansing: Democrats are Moving to Bar Republicans from Ballots Nationwide

Below is my column in the New York Post on the expansion of the 14th Amendment theory to attempt to remove Republican candidates for Congress from the ballots. Dozens of Democratic members have already called for the disqualification of up to 126 Republican colleagues under the same sweeping theory. These efforts show how this theory could place this country on a slippery slope to political chaos if not clearly and finally rejected by the Supreme Court.

Here is the column:

As the decisions disqualifying former President Donald Trump from the 2024 election work their way through the courts, a new filing in Pennsylvania seeks the same “ballot cleansing” by barring Repubfenablican Rep. Scott Perry.

It’s only the latest effort targeting congressional candidates as Democrats seek to bar opponents as “insurrectionists” for questioning the election of President Biden.

We have become a nation of Madame Defarges — eagerly knitting names of those to be subject to arbitrary justice.

Former congressional candidate Gene Stilp, who’s previously made headlines by burning MAGA flags with swastikas outside courthouses, filed the challenge.

Using the 14th Amendment to disqualify candidates like Perry is consistent with Stilp’s signature flag-burning stunts.

But what’s chilling is how many support such efforts, including Democratic officeholders from Maine’s Secretary of State to dozens of members of Congress.

Rep. Bill Pascrell (D-NJ) sought to bar 126 members of Congress under the same theory for challenging the election before Jan. 6, 2021.

Similar legislation from Rep. Cori Bush (D-Mo.) to disqualify members got 63 co-sponsors, all Democrats, including New York Reps. Alexandria Ocasio-Cortez, Jamaal Bowman and Ritchie Torres and “Squad” members Ilhan Omar of Minnesota and Rashida Tlaib of Michigan.

When Maine’s secretary of state disqualified Trump, three in the state’s congressional delegation — Sens. Angus King (I) and Susan Collins (R) and Rep. Jared Golden (D) — condemned the decision. But others supported the antidemocratic action.

The grounds were virtually identical to those of Stilp. He accuses Perry of supporting challenges to Biden’s election and opposing its certification.

Of course, he ignores Democratic members who sought to block certification of Republican presidents under the very same law with no factual or legal basis.

Former Speaker Nancy Pelosi (D-Calif.) and Senate Judiciary Committee Chairman Dick Durbin (D-Ill.) praised the effort then-Sen. Barbara Boxer (D-Calif.) organized to challenge the certification of President George W. Bush’s 2004 re-election.

Jan. 6 committee head Bennie Thompson (D-Miss.) voted to challenge it in the House.

Rep. Jamie Raskin (D-Md.) sought to block certification of the 2016 election result — particularly ironic since he’s a leading voice calling for Trump to be disqualified.

He insisted last week on CNN that the effort to prevent citizens from voting for Trump is the very embodiment of democracy: “If you think about it, of all of the forms of disqualification that we have, the one that disqualifies people for engaging in insurrection is the most democratic because it’s the one where people choose themselves to be disqualified.”

That is akin to treating every criminal charge as a consensual act of incarceration because the accused chose his path in life.

This is also being played out in state races.

The filing against Perry came the same day Pennsylvania Democratic state Sen. Art Haywood made public a complaint to the Senate Ethics Committee against his Republican colleague Doug Mastriano accusing him of playing a role in the plot to overturn the election.

Notably, in his effort to “hold insurrectionists accountable,” Haywood admitted he relied on the same evidence from Citizens for Responsibility and Ethics in Washington that was used in the Colorado case.

“Insurrectionist” is the newest label to excuse any abuse.

During the McCarthy period, individuals were accused of being Communists or “fellow travelers.”

Now you have Stilp accusing Perry of being “supportive of insurrectionists.”

Democrats and pundits have claimed civil libertarians and journalists who have testified against the government’s growing censorship efforts are enablers of  insurrectionists and even “Putin lovers.”

These Democratic members and activists vividly demonstrated the dangerous implications of this unfounded theory.

Figures like Stilp are wrong on the law but right about one thing: There are few real limits once you embrace this theory.

If the challenges work, there is no reason they can’t be used unilaterally against any candidate (and without any criminal charges, let alone convictions).

It is instantly both self-executing and self-satisfying. It would put the world’s most successful democracy on a slippery slope to political chaos.

That is why the Supreme Court needs to take up this issue and put this pernicious theory to bed once and for all.

Until the court rejects this antidemocratic ploy, activists eager to win elections through the courts will keep using it, and it will metastasize throughout our body politic.

With the support of elected officials across the country, they can then join Stilp in moving from burning flags to torching the Constitution in a fit of exhilarating rage.

Jonathan Turley is an attorney and professor at George Washington University Law School.

328 thoughts on “Ballot Cleansing: Democrats are Moving to Bar Republicans from Ballots Nationwide”

  1. This lawfare by the American stasi left is palpable BS. Has our justice system become so pathetic and partisan compromised to let this garbage keep going ?. The full speed corruption under this current admin is cancerous to our body politic in America, let alone the world.

  3. This is what happens when Congress rubber stamps blatant election fraud and the Supreme Court says ‘no standing’ to punt on the case.

    1. It is amazing that the 2020 election, stolen by thousands of cheating events across the nation (a thousand cuts), has yet to be acknowledged as illegitimate as we head into the 4th year of Mr Potato Head’s regime. This schiff either stops now or there will be another civil war.

  4. censorship, removing candidates and violence….. that is the definition of ” democracy” for democrats

  5. This behavior has an extremely detrimental effect on the American people. Jaded already when it comes to election integrity and obvious voting gamesmanship, Americans are already on a hair trigger when it comes to attempts to game the system using “The Law” as their method ďjour. Americans expect The Law to represent Justice. When it becomes obvious that it is being used against the spirit of Justice, it becomes a game and it is regarded as a joke deserving neither obedience nor respect. We already in that situation. The nation is in mortal danger. The courts have proven themselves unworthy of the Constitution, our respect or our obedience. If the Supreme Court doesn’t resolve this once and for, the next step will be the streets.

    1. The Democrats are pushing for MAGA to react in any significant way such that they can spin it as another act of insurrection such as they did with Jan. 6. They are confident that they can use the media to back them as they will go after the “white nationalist” traitors with unchecked fury. Probably could still hold the election after the voter rolls are cleansed of any MAGA supporters and their leaders are jailed though. Democracy will be saved.

  6. The democrats are pressing for an all out civil war. Like a good cleansing dump America needs to get things back in order. Freedom is leaking out of the game and that will really do it for many … Freedom is all that matters and the democrats are taking that away incrementally …. it’s added up now for all to see.

      1. WRONG! Governments are instituted amongst men and derive their just powers from the consent of the governed. And when any government is destructive to these ends, its is the Peoples right to alter or abolish it!

      3. That’s what someone supporting a tyrannical government would say. The true American patriots will of course be labeled “domestic terrorists” by the forthcoming abolished government. Civil wars are for cleansing. And not all civil wars are bad.

      4. …says the Democrat that is naive enough to imagine he is benefitting from the present disfunctions.

  8. The Democrats are actively involved in supporting an invasion of the nation. This is insurrection. Republicans should seek to ban the other side of the aisle from re-election on the same grounds.

    Let’s ban everyone.

  9. The stupid party must learn to play more than defense. Start referring to the border crisis as an ongoing insurrection being run by the Dems. Then attack them with their own tactics.

    1. There is no “border crisis,” any more than there was one during the Trump Admin. And it’s not an insurrection.

      Black’s Law Dictionary:
      “Insurrection: A rebellion, or rising of citizens or subjects in resistance to their government. See INSURGENT. Insurrection shall consist in any combined resistance to the lawful authority of the state, with intent to the denial thereof, when the same is manifested, or intended to be manifested, by acts of violence.”

      The NM court that disqualified Couy Griffin from holding office under 14A s3 due to his participation in insurrection on J6:
      “The term, ‘insurrection,’ as understood by knowledgeable nineteenth-century Americans and Section Three’s framers, referred to an (1) assemblage of persons, (2) acting to prevent the execution of one or more federal laws, (3) for a public purpose, (4) through the use of violence, force, or intimidation by numbers.” It ruled that J6 was an insurrection.

      Grand jury instructions, 1894:
      “The open and active opposition, of a number of persons to the execution of the laws of the United States, of so formidable a nature as to defy for the time being the authority of the government, constitutes an insurrection, even though not accompanied by bloodshed, and not of sufficient magnitude to render success probable.”

      See also the events of Shays’ Insurrection and the Whiskey Insurrection.

      See also how it’s used in laws and court rulings, such as:
      * The Supreme Court’s use of “insurrection” dozens of times in Luther v. Borden, 48 U.S. 1 (1849)
      * Public Law 117–32 (August, 2021, passed by Congress): “On January 6, 2021, a mob of insurrectionists forced its way into the U.S. Capitol building and congressional office buildings and engaged in acts of vandalism, looting, and violently attacked Capitol Police officers.”
      * United States v. Little, 590 F. Supp. 3d 340, 344 (D.D.C. 2022): “It [i.e., J6] was an insurrection aimed at halting the functioning of our government.”

        1. No, it should have been dropped in a porcelain bowl where it belonged, and flushed.

      2. There was no declared “insurrection” , hence all this DEMONRAT party bunk is just smoke and mirrors lawfare of the ignorant.Its as though the Left is touting “we must kill democracy to save it”. Very Orwellian , and very vacant .

      6. * Public Law 117–32 (August, 2021, passed by Congress): “On January 6, 2021, a mob of insurrectionists forced its way into the U.S. Capitol building and congressional office buildings and engaged in acts of vandalism, looting, and violently attacked Capitol Police officers.”

        This as zero meaning.

        1. Iowan

          Yea, svelass posted that same garbage under anonymous yesterday, and i reminded him that document was used to wipe Bidens ass, and flushed down the toilet.

          So he posts it again today.

          Typical.

          How do we know this is Svelass? From the very first statement. He and his twin sister Gigi are the only two with the mendacity to puke up such garbage to sentient beings.

        3. I would say it has some meaning and significance — after all it’s a congressional finding in a public law. The House voted to approve the bill 406 to 21.

          1. Concerned idiot

            And then they wiped their asses with it.

            Most of the complaints were that it was scratchy and not very absorbent, it also doesnt decompose properly in the septic system.

            So it has zero meaning.

            The same idiots find it compelling that Joe Biden called it an insurrection. The same person who cant find his way off of a stage, cant remember what day it is or what state he is in, and thinks his son came home in a flag draped coffin, and that he witnessed the PA bridge collapse and was at ground zero on 9/12.

            You probably do to.

            1. Tom, As I said earlier in a different post, I think your wiping comment belongs on your wall!

  10. ..they know that this is in effect, and has been so since 1-20-2017 12N: thedocuments dot info. Time to erect the gallows…

    1. YOU FIRST! And get off this page. Youre single handedly trying to bogart it! Scared of using your real name?

  11. Countries with legitimate and functioning legal systems wouldn’t put up with this.

    2. You are 100% Correct Mr. Underwood!!! Democratic SOCIALIST Party
      are very afraid of loosing Their strangle hood on the Voters loss of
      Power!!! time to change the people who Represent us in Congress!!!

    3. Countries with legitimate and functioning population wouldn’t put up with this.

  12. “14.3 14.3 14.3” “Plain text.” “Originalism.”

    Suddenly D’s are big fans of (what they allege to be) the Constitution.

    Amazing transformation, isn’t it.

    It’s almost as if there’s an ulterior motive. And that the “Constitution” is merely a means to satisfy a desire.

  13. From December 19:

    Federal Judge Rules Perry’s Messages Were Outside Scope Of Government

    A federal judge ruled Tuesday that Rep. Scott Perry must disclose to federal prosecutors more than 1,600 emails, text messages and other communications related to the investigation into Donald Trump and his allies’ bid to subvert the 2020 election.

    Chief U.S. District Judge James Boasberg concluded that the vast majority of the messages Perry exchanged — some with other members of Congress, some with members of the Trump administration and some with allies outside of government — could not be shielded from prosecutors by Perry’s constitutional protections as a member of Congress.

    Rather, Boasberg concluded, the 1,659 exchanges had little to do with Perry’s job as a legislator and therefore were not subject to the Constitution’s “speech or debate” clause, which prohibits prosecutors and courts from prying into the official business of Congress.

    https://www.politico.com/news/2023/12/19/scott-perry-ordered-to-disclose-messages-trump-00132623
    ………………………………

    1,659 texts and emails plotting to overturn the 2020 election. Scott Perry was very busy as an insurrectionist. Yet Professor Turley thinks the effort to keep Perry off the ballot is just petty malice.

    1. What a weird sort of insurrection — conducted by emails and texts but not a single firearm.

        1. Full of leftist bunk as usual. Only person killed with a firearm on that day was a woman by a halfwit trigger happy DEI hire policeman.

          2. Thank you for moving the goalposts, that’s such a productive and non-fallacious response.

      2. OK, but if there was planning by Trump’s inner circle to block Biden’s Inauguration via invoking the Insurrection Act, then that would qualify as Insurrection, even if the plan was abandoned before coming to fruition.

        1. “there was planning by Trump’s inner circle to block Biden’s Inauguration via invoking the Insurrection Act, then that would qualify as Insurrection”

          PbinCA, you have said this exact thing many times, which means you have the time to elaborate and provide evidence. That you haven’t done so is proof that your statement is a silly accusation meant to enrage people for something that didn’t happen. According to your own statements about misinformation, you should be tried in court, and if you cannot produce any evidence to back up your words, you should suffer penalties, jail, and other consequences.

  14. Michigan was called by 154,188 votes.
    • A record 5,579,317 votes were cast and certified in Michigan in the 2020
    General Election, the highest turnout in 60 years. To date, Michigan has never
    shown 5,579,317 voters listed for the 2020 Election in its Qualified Voter File,
    the state’s database for all voter registration records.
    • As of December 2023, Michigan has 271,566 more votes than the number of
    voters listed in its Qualified Voter File for Nov. 3, 2020, more than one and a half
    times the Election margin.
    LOL NOTHING WIDESPREAD
    THE FAIREST ELECTION IN THE HISTORY OF THE USA.
    https://cdn.nucleusfiles.com/e0/e04e630c-63ff-4bdb-9652-e0be3598b5d4/summary20of20election20fraud20in20the20swing20states.pdf

  16. Another example of Svelass talking out of his ass.

    Svelass says:

    It [sedition] is a form of insurrection. That’s why it’s in the same statute.

    Sedition; conduct or speech inciting people to rebel against the authority of a state or monarch.“

    Insurrection; a violent uprising against an authority or government.

    Sedition is just an insurrection without violence.

    So according to svelass, sedition is: a violent uprising against government.

    Even if we assume that ignorant statement is true (its not), sedition doesnt require any action whatsoever. So sedition is not “an uprising”. Ergo sedition is not a “form of insurrection”.

    So Mr Peetape, what “same statute” are you speaking of?

  17. Thank you for posting about Shia! I read about it in our local news. I became Catholic last year while Bishop Barron was Auxiliary Bishop of Los Angeles. He too presided at my class Baptism and Confirmation reception on Easter Vigil. He is a wonderful shepherd! And you are right about this blog. I have always enjoyed your posts because of your thoughtful and intelligent comments. I regret the blog has become such a dark space. Sign of the times. Padre Pio, pray for us!

    God Bless you!

    1. A dark place, like the bunghole of 11 year old boys? How many thousands are we up to???

  18. The Supreme Court has agreed to consider Colorado’s decision to deem Trump ineligible to be on the ballot under 14A s3.

  19. Perry Hatched Trump’s Plot To Install Bogus Attorney General

    The filing cites Perry’s role in trying to use the Department of Justice to help Trump stall the certification of the election by installing an acting attorney general who would be receptive to Trump’s false claims of election fraud.

    Perry has not been charged with a crime, although he is the only sitting member of Congress whose cellphone was seized by the FBI in its investigation into efforts to illegally overturn the results of the 2020 presidential election.

    Perry has fought efforts by federal investigators to review texts and emails from his cell phone. A judge last month ordered Perry to turn over more than 1,600 texts and emails to FBI agents. Perry did not appeal it, his lawyer said.

    https://apnews.com/article/scott-perry-election-lawsuit-trump-jan-6-eecb31cae4ee3bb74d529e8513264bdb
    …………………………….

    After William Barr’s resignation in late December of 2020, Scott Perry went to Donald Trump with a scheme to promote Jeffrey Clark as Attorney General so Clark could invalidate Georgia’s vote tallies. The plan fell apart when top deputies at the DOJ all threatened to resign.

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