Wednesday, April 24, 2024

Who May Decide Marjorie Taylor Greene’s Fate? Republican Trump Foe Brad Raffensperger

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Topline
Rep. Marjorie Taylor Greene (R-Ga.) testified Friday in a hearing that will determine whether she can run for reelection after allegedly supporting efforts to overturn the 2020 election and the January 6, 2021, riot—but while an administrative law judge heard the case Friday, Greene’s fate will ultimately be up to Georgia Secretary of State Brad Raffensperger, who has strongly opposed voter fraud claims in the 2020 election.

Rep. Marjorie Taylor Greene speaks during a court hearing on April 22, 2022 in Atlanta, Georgia.

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Key Facts

A hearing took place Friday in Georgia’s administrative court after a coalition of Georgia voters challenged Greene’s candidacy, arguing she should be disqualified under the 14th Amendment, which bars people from holding office if they’ve engaged in an “insurrection.”

Under Georgia law, challenges against candidates are overseen by the secretary of state, who first refers the matter to an administrative court to hold a hearing.

Administrative Law Judge Charles R. Beaudrot, who heard Greene’s case Friday, will assess the case and “report [his] findings” to Raffensperger.

It will then be left to Raffensperger to determine based on Beaudrot’s ruling whether Greene is “qualified to seek and hold public office,” and he can keep Greene off the ballot if he so chooses.

Raffensperger’s office told Forbes the secretary of state does not have a comment on Greene’s case, but he will make a decision based on Beaudrot’s conclusion and “is not prejudging the case.”

What To Watch For
Once Raffensperger rules, either Greene or the voters challenging her candidacy can appeal his decision to a state court, which will determine whether or not to modify the secretary of state’s ruling.

Tangent
Raffensperger, a Republican, became well known in the aftermath of the 2020 election for openly opposing former President Donald Trump’s claims of voter fraud in Georgia—and rebuffing Trump’s direct pressure during a testy phone call with him—in his attempts to overturn President Joe Biden’s narrow win in the state. Trump’s voter fraud claims are based on “bad data” and are “just plain wrong,” Raffensperger said in January 2021.

Key Background
A coalition of Georgia voters from Greene’s district are challenging her candidacy based on her support for the January 6 riot on the Capitol building, which they argue violates a provision of the 14th Amendment that states “no person” can serve in Congress who, after taking an oath of office, “engaged in insurrection or rebellion against” the U.S. government or “[gave] aid or comfort to the enemies thereof.” Attorneys for the voters argued Friday Greene had engaged in the January 6 insurrection primarily through social media posts and public statements that encouraged the January 6 rally or suggested she condones political violence by calling January 6 “our 1776 moment.” Greene repeatedly testified she could not recall making the statements plaintiffs pointed to during the hearing Friday and argued she played no role in the attack, painting herself as a “victim” of the riot herself because she was in the Capitol at the time, and saying she only supports peaceful protest. But she continued to support claims of voter fraud and the attempt to challenge the Electoral College vote, which formed the basis of the riot. She claimed there was “so much evidence” of voter fraud. (Courts, audits and analyses have repeatedly found no evidence of widespread voter fraud in the 2020 election.)

Further Reading
Marjorie Taylor Greene ‘Doesn’t Recall’ Any Role In Jan. 6 Capitol Attack (Forbes)

Georgia Voters Sue To Block Marjorie Taylor Greene From Running For Being An ‘Insurrectionist’ (Forbes)

Georgia Election Head Says No Evidence Of Fraud In Second Recount, Slams Trump For ‘Violent Rhetoric’ (Forbes)

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