A group of lawyers in North Carolina is trying to block the re-election bid of right-wing provocateur Madison Cawthorn, a Republican first elected to the House in 2020, arguing that his rhetoric helped fuel the January 6th attack and he is therefore an “insurrectionist” who is barred by the constitution from holding public office.
The lawsuit is rooted in the 14th amendment, which contains a clause designed to prevent former Confederates from unduly influencing the nation in the post-Civil War era. The New York Times explains:
[The third section of the 14th amendment] declares that “no person shall” hold “any office, civil or military, under the United States, or under any state, who, having previously taken an oath” to “support the Constitution,” had then “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
North Carolina election law also benefits the lawyers filing the suit. If they are able to establish a “reasonable suspicion or belief” that a candidate is not qualified, the candidate then has to prove otherwise.
“It should not be difficult to prove you are not an insurrectionist. It only seems to be difficult for Madison Cawthorn,” said John R. Wallace, one of the attorneys who filed the suit, to the Times.
Cawthorn has retained Jame Bopp Jr., a prominent conservative lawyer, for his defense. Bopp characterized the legal challenge as “the most frivolous case I’ve ever seen.”
Slate outlines Cawthorn’s involvement in the effort to undermine the results of the 2020 presidential election:
On Dec. 21, the congressman-elect urged his supporters to “lightly threaten” their representatives. “Say: ‘If you don’t support election integrity, I’m coming after you,’ ” he instructed. “Madison Cawthorn’s coming after you. Everybody’s coming after you. ” Ten days later, Cawthorn announced his plan to protest the certification of Joe Biden’s victory. And on Jan. 4, one day after taking the oath of office, Cawthorn tweeted: “January 6th is fast approaching, the future of this Republic hinges on the actions of a solitary few. … It’s time to fight.”
On Jan. 6, Cawthorn spoke at the notorious “Stop the Steal” rally that preceded the Capitol attack. He faulted other Republicans for “not fighting” and praised the crowd for having “some fight.” At 1:31 p.m., as violent protesters breached the perimeter of the seat of government, Cawthorn declared that “the battle is on the house floor.” Shortly thereafter, rioters began smashing the windows of the Speaker’s Lobby to reach that very floor. After the horrific events of that day, Cawthorn voted to reject electoral results cementing Trump’s defeat and said he did not regret his speech at the rally. Later, he expressed sympathy for the insurrectionists held in jail, describing them as “political hostages” and “political prisoners” whom he would like to “bust” out. The congressman also warned of “bloodshed” if “our election systems continue to be rigged” and encouraged his fans to stockpile “ammunition” to prepare for the coming “bloodshed” over “stolen” elections.
The Times notes that the suit filed against Cawthorn has broader implications for office holders who have rejected the results of the 2020 election:
Other Republican House members, such as Marjorie Taylor Greene of Georgia, Mo Brooks of Alabama, Paul Gosar of Arizona, and Lauren Boebert of Colorado, face similar accusations, but their state’s election laws present higher hurdles for challenges to their candidate qualifications. If one of their colleagues is disqualified for his role in encouraging the rioters, those hurdles might become easier to clear.
The Times adds:
Ultimately, those involved in the case could use Mr. Cawthorn’s example to try to keep Mr. Trump off the ballot in North Carolina, a key swing state, should he try for a presidential comeback in 2024.
“We are definitely going to file other challenges,” [Ron Fein, the legal director of Free Speech for People, a nonpartisan interest group that is participating in the challenge] said. “We have no specific names or dates to divulge just yet.”
