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Clinton Lawyer Threatens Lawsuits to Disqualify House Republicans For “Insurrection” Ahead of Midterms

Former Trump adviser Steve Bannon warns GOP about Democrat attorney Marc Elias, telling party not to take anything for granted as 2022 midterms approach.

Clinton Lawyer Threatens Lawsuits to Disqualify House Republicans For “Insurrection” Ahead of Midterms Image Credit: David Jolkovski for The Washington Post via Getty Images
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Democrat legal strategist Marc Elias is threatening to sue House Republicans who played a role in organizing former President Trump’s January 6 speech preceding the unruly protest at the Capitol building.

Elias, who served as Hillary Clinton’s general counsel in her 2016 campaign, claimed in a tweet last month that Republicans who “engaged in insurrection” could be disqualified from running for office in 2022 under the 14th Amendment.

“My prediction for 2022: Before the midterm election, we will have a serious discussion about whether individual Republican House Members are disqualified by Section 3 of the 14th Amendment from serving in Congress. We may even see litigation,” Elias tweeted.

“I am making clear that members of Congress who engaged in insurrection or rebellion against the United States are not eligible to serve in Congress. The fact that this is so triggering to the GOP speaks volumes,” he added.

Perhaps labeling Republican lawmakers as “insurrectionists” pertaining the January 6 protests is what “triggered” the GOP, especially given none of the protesters who’ve been arrested were federally charged for anything even related to insurrection.

Though Elias didn’t name names, it’s likely the recent Rolling Stone hit piece claiming a handful of pro-Trump lawmakers planned the Capitol “insurrection.”

As general counsel to Hillary Clinton’s 2016 presidential campaign, Elias was responsible for hiring Fusion GPS, the opposition research firm behind the infamous “Steele Dossier” alleging Donald Trump “colluded” with the Russian government.

Elias was also a driving force behind dozens of Democrat lawsuits in 19 states to overturn voter fraud protections and expand mail-in voting in the 2020 presidential election.

Former Trump White House strategist Steve Bannon warned the GOP not to take the 2022 midterms for granted despite the Democrats’ and Joe Biden’s plummeting poll numbers, because Elias is a ruthless political operator and a “fighter”.

“He’s pure evil, but man that brother is smart, tough. He’s the standard. We gotta match that guy. This is not about winning 10 or 15 or 20 seats and taking over the House. This could be a landmark in American political history,” Bannon said on “War Room” last month.

“If you want [Ilhan] Omar [and] all these people out of your lives, get a 100-seat majority and then you never have to listen to them anymore …. We have a monumental chance, like in 1932, 1994 and 2010. This is a breakpoint in American history …. And establishment Republicans … don’t have the guts to stand up to the Mark Eliases of the world.”

“This is what I admire about the Democrats. They’re pure smash-mouth all the time. [Marc Elias] is now saying that he’s going to start suing guys around the country on the Constitution saying that you’re an insurrectionist so you can’t even run in certain districts. This is the sort of smash-mouth I admire. I admire that. He’s crazy, but he’s a fighter,” he added.

However, the argument can be made that the courts lack the jurisdiction to litigate Section 3 of the 14th Amendment.

From Legal Insurrection:

To begin, while Elias’s tweet threatens “litigation” under Section 3 of the Fourteenth Amendment, courts don’t have jurisdiction to entertain such challenges.  According to legal scholars, that section specifies “qualifications” for Members of Congress and the Senate, but under Article I, section 5, clause 1 of the Constitution, “each House shall be the Judge of the … Qualifications of its own Members.”

As Justice Scalia cogently wrote when he sat on the D.C. Circuit, that provision “states not merely that each House ‘may judge’ these matters, but that each House ‘shall be the Judge.’” Hence, the courts “simply lack jurisdiction” to adjudicate Disqualification Clause contests.

While this sort of litigation abuse is unethical under each state’s rules of professional conduct, don’t expect that to deter Elias – he’s already been sanctioned by the Court of Appeals for the Fifth Circuit and it hasn’t slowed him down.

Meanwhile, the Democrats’ January 6 Select Committee is poised to exploit the Capitol protest anniversary on Thursday, with Senate Majority Leader Chuck Schumer announcing a vote to abolish the filibuster to ram through “voting rights” legislation, and others sponsoring an “insurrection memorial” to be erected on the U.S. Capitol grounds.


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