‘I Was Born at Night, but Not Last Night,’ Says Lawyer in 14th Amendment Disqualification Case

“I was born at night, but not last night.” That was the response of lawyer James Bopp Jr., who is representing Representatives Madison Cawthorn and Marjorie Taylor Greene in disqualification challenges, when the Sun asked him whether those attempts targeting the lawmakers were launched to gain an advantage in November’s midterm elections. Mr. Bopp labels these lawsuits part of “one national effort” to “vitiate the sacred right to vote.” In salty language, this lawyer at the front lines of a once in a century constitutional contretemps — the last time the Disqualification Clause was employed was 1919 — describes how Democrats “don’t give a damn” about that right to vote, and says that those mounting these challenges “love chaos” because it provides opportunity to “steal a Republican seat.” One of Mr. Bopp’s clients, Mrs. Greene, scored a victory yesterday that the lawyer compared to “righting the ship” when a state administrative law judge ruled that she will not be forced to answer under oath about the events of January 6 to defend her place on the ballot. The Georgia Republican notched that win when a state administrative law judge ruled yesterday that she will not be deposed in a hearing on whether Section 3 of the 14th Amendment, known as the Disqualification Clause, bars her from the ballot. Additionally, those who challenge Mrs. Greene’s candidacy will bear the burden of proof, rather than the Peachtree representative. The hearing to determine Mrs. Greene’s fate was initially scheduled for tomorrow, but it has been pushed off until the end of April. Meanwhile, the federal district court judge that Mr. Bopp hopes will intervene to block the challenge, Nancy Totenberg, has written that she expects “to rule expeditiously on this matter this week.” Mr. Bopp tells the Sun that in the event of an adverse outcome he is ready to appeal to the riders of the Eleventh Circuit of the United States Court of Appeals. Mr. Bopp said that while is confident regarding how the case is unfolding, he still feels as if his client, in being forced to prove the case against disqualification at all, is going “from the tortute chamber to solitary confinement.”Mr. Bopp calls the group spearheading the disqualification push “the ill-named Free Speech for People” and asserts that it is seeking a “show trial” for Mrs. Greene at the behest of “liberal billionaires.” The lawyer maintains that litigating these challenges in state court is itself “unconstitutional,” arguing that while states can verify qualifications for office, they are not equipped to adjudicate matters of disqualification. For its part, Free Speech for People writes in its complaint filed to the Georgia secretary of state that “Greene voluntarily aided and engaged in an insurrection to obstruct the peaceful transfer of presidential power, disqualifying her from serving as a Member of Congress under Section 3 of the 14th Amendment.” The group, which has filed five challenges, including those against Mr. Cawthorne and Mrs. Greene, aims to block anyone who “engaged in the insurrection including former President Donald Trump, from appearing on any future ballot.” Oral arguments for Free Speech for People’s appeal of Mr. Cawthorn’s district court victory blocking disqualification are scheduled for May 3.

‘I Was Born at Night, but Not Last Night,’ Says Lawyer in 14th Amendment Disqualification Case

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