Judge boots lawsuits saying AZ Reps are not ‘legally qualified to hold office’ after Jan 6 involvement

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While Georgia Rep. Marjorie Taylor Greene has received attention lately because of courtroom efforts by leftists to use the 14th Amendment to disqualify her from the November race, she isn’t alone in facing such attacks.

Earlier this month a far-left group submitted two lawsuits to block Arizona Reps. Andy Biggs and Paul Gosar from running for reelection, and a third lawsuit to block current Arizona State Rep. Mark Finchem from running for secretary of state.

“Ron Fein, the legal director of Free Speech for People, said none of the three Republicans are legally qualified to hold public office. That’s based on an argument that their planning and participation in the Jan. 6 riot amounted to an act of insurrection,” local radio station KJZZ reported at the time.

“The 14th Amendment, approved by Congress in the wake of the Civil War, says that anyone who “engaged in insurrection or rebellion” is precluded from holding any office in federal or state government. And Fein told Capitol Media Services that what occurred on Jan. 6 clearly meets that definition.”

Unfortunately for Fein and his far-left group, Maricopa County Superior Court Judge Christopher Coury ultimately sided with the lawmakers’ attorneys.

The judge specifically agreed with the attorneys’ argument that Congress has never created an “enforcement mechanism” for the 14th barring a criminal conviction, as reported by the Associated Press.

FYI, neither Biggs, Gosar, Finchem nor Greene have even been charged with any crimes related to the Jan. 6th riot, let alone been convicted of anything.

Coury also reportedly pointed out that Congress had considered creating such an “enforcement mechanism” in the wake of the Jan. 6th riot but had never followed through on the plan.

“Therefore, given the current state of the law and in accordance with the United States Constitution, plaintiffs have no private right of action to assert claims under the disqualification clause,” Coury’s ruling reads.

He also “rejected arguments that state law created an enforcement mechanism that allows people to sue to enforce the 14th Amendment’s provision. And he said, at least for Biggs and Gosar, qualifications for member of Congress are purely a federal affair.”

“The text of the Constitution is mandatory. It sets forth the single arbiter of the qualifications of members of Congress; that single arbiter is Congress,” his ruling reads.

Free Speech For People predictably plans to file an appeal.

“Arizona is not exempted from the mandate of Section 3 of the Fourteenth Amendment to the US Constitution. A candidate who has taken an oath of office and then engaged in insurrection has no place on a future Arizona ballot,” the group said in a statement.

Section 3 of the said amendment reads as follows: “No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

Free Speech For People is the same group targeting Greene. It’s not clear why the group champions itself a proponent of “free speech” yet is attempting to silence those Americans who’d like to vote for Biggs, Gosar, Finchem or Greene come November.

It seems hypocritical, as sarcastically noted in the tweet below:

What’s known is that Biggs and Gosar, both now victorious, have Greene’s back:

Though she testified Friday, the judge overseeing her case has said he’ll make a ruling “by next week.” Most analysts expect the judge to side against Free Speech for People.

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Vivek Saxena

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