Marjorie Taylor Greene testimony: Georgia rep grilled about Jan 6 and Proud Boys plan at ballot hearing

Representative Matt Gaetz of Florida has come to Atlanta to support his colleague Marjorie Taylor Greene. He calls the action against Rep Greene an “assault on democracy”.

Plaintiffs have submitted six videos, congressional records, and more than 20 exhibits into evidence.

Counsel for the plaintiffs, Ron Fein, begins by saying this is a solemn occasion: “This is not politics, this is not theatre. This is a serious case.”

Mr Fein mentions the greatest insurrection in US history — the Civil War — but says that January 6 is more akin to the Whiskey Rebellion and Shays’ Rebellion.

He says that the violent assault on the Capitol had multiple purposes including capturing and killing the speaker of the House, vice president, and other members of Congress. Its purpose was to prevent certification of the electoral votes for Joe Biden and disrupt the peaceful transfer of power.

Mr Fein says that in addition to direct evidence there will also be inferential evidence, such as coded language as insurrections today are organised by social media and not through military plans. He adds that hashtags and memes can give a benign word a different significance to those in a particular subculture.

Mr Fein says that the most powerful witness is Marjorie Taylor Greene herself. She will be seen both on the stand and in videos submitted to the court.

“In some cases, the mask falls and she shows us what she intended,” he says.

Mr Fein states that Rep Greene’s role was not to smash windows, it was different — she said on 5 January 2021 that this would “be our 1776 moment”, and in doing so she urged and helped facilitate violent resistance against the US government.

That is what triggers her disqualification, Fein concludes.

James Bopp Jr, representing Marjorie Taylor Greene, says in his opening statement that the challenge to her candidacy cannot be decided by this court due to its federal constitutional implications.

He says voters have the right to vote for the candidate of their choice unless there is very compelling legal, not rhetorical justification for that, which he argues is not present here.

Mr Bopp says that First Amendment rights are at stake — not just the right to vote, but protected political speech. "That's unconstitutional and should not be allowed," he said.

He says a candidate challenge is permitted under Georgia law when a candidate is not qualified to be a candidate or not qualified to take office. Mr Bopp admits that a challenge under the 14th Amendment goes to that second type of challenge, that she would not be qualified to take the oath because of an insurrection — but that is for Congress, not the state to decide, he argues.

Mr Bopp says: “Fundamentally, First Amendment rights are at stake, not only the right to vote ... or the right to run for office.”

“Finally, the charge not only triggers disqualification,” but rather imputes “a serious federal criminal offence,” he says.

He claims that Rep Greene “reveres” the US Constitution.

Mr Bopp argues the “question of voter fraud” raised by Trump supporters is a “quintessential” example of political speech.

Speaking about the Capitol riot on 6 January 2021, Mr Bopp says: “I call it an attack. It was despicable.”

He adds that no one has been charged with rebellion or insurrection.

“Rep Greene was a victim of this attack. Her life was in danger, she thought. She was scared and confused,” says Mr Bopp, adding that the court will hear that testimony.

With opening statements concluded, the first witness is called: Indiana University’s Professor Gerard Magliocca.

Mr Magliocca is appearing as an expert witness and will speak about the meaning of the 14 Amendment.

Rep Greene’s lawyer moves to bar his testimony.

The judge says that if the petitioners want to spend their time about the history of the 14th Amendment, he will listen, but may stop the testimony.

He will not allow for legal interpretation.

Mr Magliocca provides a history of Shays’ Rebellion and the Whiskey Rebellion — two insurrections well-known to Americans in addition to the Civil War at the time of the writing of the 14th Amendment.

Both were protests by farmers regarding foreclosures and taxes respectively.

After a number of objections from Mr Bopp, the judge says what he has heard .so far he would have expected to have read in legal briefs prior to the hearing.

He announces the mid-morning break to applause from the audience, whom he quickly chastises: “This is not a show.”

The attorney seeking to disqualify Georgia Representative Marjorie Taylor Greene from seeking reelection based on her support for the 6 January 2021 attack on the US Capitol said he plans to present video evidence of her own words that will show her support for the pro-Trump insurrection.

Andrew Feinberg reports on the opening statements from the hearing.