Insurrection and the 14th

First off, this is compiled from my tweetstorm, but it’s probably easier to read here.

Just a couple quick ideas for how the next meeting of the US Senate should go, once our two new Georgia senators @ossoff and @ReverendWarnock are sworn in because it seems that this could be fun. (also hat tip to @gnrosenberg for solidifying the ideas in my head.)

The formality of the new Majority leader is accomplished and we have a 51/50 Dem lead. This is key, and will be necessary first, but is expected and could be as early as January 15th (which would be awesome!) or as late as January 22nd due to Georgia certifying votes. But!

Second order of business: Censure the Seditious 13. This would be everyone who had told the press that they were going to fight the certification of Biden’s win because they wanted to kiss Trump’s ass. Censure takes a simple majority, and “insurrection” is key, because doing this specifically marks them with the word “insurrection” which appears in the lovely 14th Amendment, which you can read in its entirety here.

It’s a thing of beauty!

Why? I’ll tell you!

It’s a thing of beauty because it doesn’t say “convicted of” or “accused of” it simply says “engaged”. And what happens with the censure process? Well, as long as the censure says “Ted Cruz engaged in insurrection” then he did. And the censure says he did. What more do you need? There hasn’t been a ton of case law on this because it’s rare for a sitting elected official to be so fucking stupid, but it’s this timeline so here we are. Insurrection. What next?

Oh let me tell you! 🤗

Back to the 14th Amendment where it has this lovely bit, called Section 3: “No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

That’s a lot.

Maybe read it again.

Now notice what it does not say? Nowhere in it does it ever say “convicted of” or “tried for” it simply says “engaged” and having the censure from the Senate or the House saying they “engaged in insurrection” is a simple thing. How simple? Censures take…

wait for it…

Censures takes a simple majority to be done. In the Senate that’s 51 votes (which we have) and in the House that’s 218 (which we also have). So they get censured saying they engaged in insurrection and what then? Let’s go to Section 3 again, specifically final line of Section 3: “But Congress may by a vote of two-thirds of each House, remove such disability.”

That’s fancy language for “a supermajority vote can reinstate their ability to hold office”. Guess what neither chamber of Congress has right now?

THAT’S RIGHT! Neither chamber has a supermajority who would vote to let Ted Cruz hold any office again. The Dems wouldn’t do it anyway, but I wouldn’t bet big money that if the GOP even could that they would. But they can’t, so that’s perfect. BOOM. Ted’s career be ded.

BUT WAIT THERE’S MORE!

They then do the other 12 Senators and the 130ish Representatives, and guess what?

And then they do Don Jr., Eric, Melania, Ivanka, Giuliani, Wood, et al, and then not one of them can hold office, either. Is it harsh AF? Yes. But it’s justice.

Now, some of you might be saying “Oh, once we go down this path, it’ll be weaponized.” And that’s definitely a concern. But guess what? The GOP has facilitated fascists and we must fight back with every weapon and by removing these people from holding any office we’re removing a cancerous tumor that’s been growing for decades. And go ahead, red states, elect more crazies. The moment they pull this shit again, we fire back. We can’t act like this is easy or fun but it’s necessary and correct.

Every single person who supported the lies put forth by Donald Trump in his brazen attempt to stage a coup and destroy this republic must be removed from office and never allowed to hold one again. There is a clear way to do it.

Make it so.

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