Victory for Representative Marjorie Taylor Greene: Democrat Smear that She is an “Insurrectionist” Denied by Judge

Posted by James Bopp, Jr. | May 07, 2022 | 0 Comments

Atlanta, GA – Today, a Judge in Georgia ruled that Rep. Marjorie Taylor Greene did not “engage in insurrection” on January 6th and is qualified to run for Congress, despite a liberal activist group's effort to disqualify her. In a sweeping victory for Rep. Greene, the Judge found that the voters challenging Rep. Greene's candidacy had a major problem with their case—namely, the fact they “presented no persuasive evidence Rep. Greene took any action” to further the unlawful Capitol riot on January 6, 2021.

A group of five Georgia voters, backed by the national liberal group, Free Speech for People, filed a complaint with Secretary of State Brad Raffensperger, attempting to disqualify Rep. Greene from running for Congress. They alleged that Rep. Greene does not meet the federal constitutional requirements for a Member of the U.S. House of Representatives because she “voluntarily aided and engaged in an insurrection to obstruct the peaceful transfer of presidential” power on January 6th.

On April 22, 2022, the Judge held an eight-hour hearing in which Rep. Greene testified for several hours. During this testimony, she vigorously denied that she aided or engaged in the unlawful attack on the Capitol and testified that, while the Capitol was under attack and as she was sequestered in the Capitol building for her own protection, she broadcast a video, that was widely distributed, condemning the attack.

Within three hours of the judge's ruling, Sec. Raffensperger issued a final opinion, confirming Rep. Greene is qualified to run for office. Now, Rep. Greene may be subject to an appeal of Sec. Raffensperger's decision by the Challengers in Georgia courts. If the Georgia courts overturn Sec. Raffensperger's finding, Rep. Green could still lose her right to run for office.

In addition to the Georgia process, Rep. Greene filed a federal lawsuit, which has now been appealed to the 11th Circuit. This suit makes several claims that the Georgia law which allows voters to challenge candidacies violates her constitutional rights under the First and Fourteenth Amendments to the Constitution, and this particular type of challenge to her candidacy has been prohibited by federal law. Based upon this unconstitutional law and the administrative procedure it provided for, Rep. Greene  is still faced with the potential of being removed from the ballot by Sec. Raffensperger with less than a month to go before the primary election, or being found to be disqualified after having won the primary election.

“While I'm thrilled with the victory today, and its recognition that I never was involved in the riot that occurred at the Capitol, this process, and the despicable charge that triggered it, still presents a real danger to our Republic—because liberal activists won't stop with me or my candidacy,” said Rep. Greene. “I love this country, have never engaged in, or would ever engage in, an insurrection against the United States, and the Judge agreed today that the group behind the challenge had no evidence that I did. By testifying and by bringing the federal lawsuit, I am defending not only my right to run for office, and the right of the People to democratically elect their representatives. but I am also defending the rights of other candidates who have been and will be subjected to such tactics.”

“Today was a great victory not only for Rep. Greene, but for the First Amendment and representative democracy,” said James Bopp, Jr., of The Bopp Law Firm, lead counsel for Rep. Greene. “Of course Rep. Greene did not participate in the January 6th attack on the Capitol, but in fact condemned it. But we will continue to fight so that the People of Georgia's 14th Congressional District will be the final voice in picking their Representative.”

Bopp added: “The liberal Democrat group behind this, Free Speech for People, has already sought to disqualify other Members of Congress and they will not stop here. They will continue these monstrous claims against perhaps two dozen member of Congress and ultimately President Trump, if he runs for election in 2024. The courts need to make it clear that such tactics will not be tolerated in this country—you have the right to run and campaign against candidates you disagree with—you don't have the right to use a state bureaucracy to eliminate your competition, clearing your path to victory.”

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About the Author

James Bopp, Jr.

Practice Areas: First Amendment Law, Campaign-Finance Law, Constitutional Law, Election Law, Civil Litigation, Appellate Practice, and United States Supreme Court Practice.


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