Post-Confederate law bars Jan. 6 speaker Rep. Cawthorn from office, challengers argue

Post-Confederate law bars Jan. 6 speaker Rep. Cawthorn from office, challengers argue

Transcript¹

North Carolina Republican Rep. Madison Cawthorn has developed a national following as one of the most far-right members of Congress.

But now his ability to run for reelection in the fall is being challenged, in part because of his actions on the day of the attack on the U.S. Capitol more than a year ago.

A team of lawyers says he violated U.S. Constitution. Section 3 of the 14th Amendment², which was passed after the Civil War to prevent Confederates from holding public office, states that no one can hold office if they had taken an oath to support the Constitution and then "engaged in insurrection."

Cawthorn — who is the youngest member of Congress at 26 — promoted President Donald Trump³'s Jan. 6 rally near the Capitol, writing on Twitter that "the future of this Republic hinges on the actions of a solitary⁴ few."

And he was a prominent speaker at the rally, pushing baseless claims of election fraud.

"My friends, the Democrats⁵ with all the fraud they have done in this election, the Republicans hiding and not fighting — they are trying to silence your voice," Cawthorn said during the rally, which preceded the Capitol riot.

Months later, he said that if elections are stolen there would be "more bloodshed."

Ron Fein is the legal director for Free Speech for People, an organization that serves as co-lead counsel and is helping⁶ fund the challenge to Cawthorn's candidacy.

"It's not just that Cawthorn spoke⁷ at that pre-attack demonstration⁸ — one of only two members of Congress who spoke there — alongside other speakers who were demanding trial by combat and talking about sacrificing blood to fight for America," Fein said. "But we also have reliable reporting that Cawthorn and his team were communicating with the planners ahead of Jan. 6 and helped to plan some of these events."

And that is the crux⁹ of their challenge. They say Cawthorn is an insurrectionist, just like Confederates who took up arms against the United States 160 years ago.

Eligibility¹⁰ challenges in North Carolina — or any state — usually revolve¹¹ around simple questions like: Does the candidate live in their district?

The state's framework for resolving eligibility questions will likely be used for the challenge against Cawthorn. And under state law, the burden is on Cawthorn to show he is eligible¹², that his candidacy does not violate the Reconstruction-era amendment.

Former North Carolina Supreme¹³ Court Justice Bob Orr, a former Republican, is working on the case and said there is local precedent¹⁴, albeit¹⁵ from two centuries ago: A former North Carolina Confederate sheriff was disqualified from serving after the Civil War when the 14th Amendment was invoked¹⁶.

Orr said Cawthorn took an oath and there was an insurrection. He said the only remaining question is how involved was Cawthorn?

"Did he provide aid and comfort and engage in this?" Orr said. "And we think there is certainly enough evidence on the public record that we know of now, and will certainly be looking for additional evidence."

By additional evidence, Orr means being able to depose¹⁷ Cawthorn under oath, to learn about any involvement he may have had with Jan. 6 plotters.

Cawthorn tries to fend¹⁸ off the effort

But Cawthorn filed a lawsuit¹⁹ in federal court this week to stop the challenge.

One of his attorneys, James Bopp Jr., said the eligibility dispute against Cawthorn is a "despicable attempt by the Democrats to undermine democracy."

Bopp said the challenge fails on several levels. The first, he said, is that it violates Cawthorn's First Amendment rights.

"The word in Section 3 of the 14th Amendment is, quote, 'engage,' " Bopp said. "Engage connotes conduct, not speech."

Bopp also said he doesn't believe the Capitol attack was an insurrection.

"[The challenge] spits in the grave of all those Union soldiers that fought in the Civil War to preserve the Union and free the slaves and who fought a bona fide rebellion and insurrection," he said.

Fein, of Free Speech For People, said Bopp is rewriting history. Immediately after the Jan. 6 attack, people widely acknowledged there had been an insurrection.

"President Trump's lawyer in his impeachment²⁰ trial conceded that it was an insurrection," Fein said.

Depending on what happens with Cawthorn's lawsuit, his eligibility will be taken up by a special panel of local elections officials from the counties in his district in the mountains of Western North Carolina. They are supposed to make a final determination as to Cawthorn's eligibility. Any appeal would be considered by the State Board of Elections, which consists of three Democrats and two Republicans.

Fein said his group will use the same insurrectionist challenge against other candidates — including the former president.

"If Mr. Trump decides to file for reelection, then we absolutely intend to challenge his candidacy," he said.

1 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

2 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

3 trump   

n.王牌，法宝；v.打出王牌，吹喇叭

参考例句：

• He was never able to trump up the courage to have a showdown.他始终鼓不起勇气摊牌。
• The coach saved his star player for a trump card.教练保留他的明星选手，作为他的王牌。

4 solitary   

adj.孤独的，独立的，荒凉的；n.隐士

参考例句：

• I am rather fond of a solitary stroll in the country.我颇喜欢在乡间独自徜徉。
• The castle rises in solitary splendour on the fringe of the desert.这座城堡巍然耸立在沙漠的边际，显得十分壮美。

5 democrats   

n.民主主义者，民主人士( democrat的名词复数 )

参考例句：

• The Democrats held a pep rally on Capitol Hill yesterday. 民主党昨天在国会山召开了竞选誓师大会。
• The democrats organize a filibuster in the senate. 民主党党员组织了阻挠议事。 来自《简明英汉词典》

6 helping   

n.食物的一份&adj.帮助人的，辅助的

参考例句：

• The poor children regularly pony up for a second helping of my hamburger. 那些可怜的孩子们总是要求我把我的汉堡包再给他们一份。
• By doing this, they may at times be helping to restore competition. 这样一来, 他在某些时候,有助于竞争的加强。

7 spoke   

n.（车轮的）辐条；轮辐；破坏某人的计划；阻挠某人的行动 v.讲，谈（speak的过去式）；说；演说；从某种观点来说

参考例句：

• They sourced the spoke nuts from our company.他们的轮辐螺帽是从我们公司获得的。
• The spokes of a wheel are the bars that connect the outer ring to the centre.辐条是轮子上连接外圈与中心的条棒。

8 demonstration   

n.表明，示范，论证，示威

参考例句：

• His new book is a demonstration of his patriotism.他写的新书是他的爱国精神的证明。
• He gave a demonstration of the new technique then and there.他当场表演了这种新的操作方法。

9 crux   

adj.十字形；难事，关键，最重要点

参考例句：

• The crux of the matter is how to comprehensively treat this trend.问题的关键是如何全面地看待这种趋势。
• The crux of the matter is that attitudes have changed.问题的要害是人们的态度转变了。

10 eligibility   

n.合格，资格

参考例句：

• What are the eligibility requirements? 病人被选参加试验的要求是什么？ 来自英汉非文学 - 生命科学 - 回顾与展望
• Eligibility for HINARI access is based on gross national income (GNI). 进入HINARI获取计划是依据国民总收入来评定的。

11 revolve   

vi.(使)旋转；循环出现

参考例句：

• The planets revolve around the sun.行星绕着太阳运转。
• The wheels began to revolve slowly.车轮开始慢慢转动。

12 eligible   

adj.有条件被选中的；(尤指婚姻等)合适(意)的

参考例句：

• He is an eligible young man.他是一个合格的年轻人。
• Helen married an eligible bachelor.海伦嫁给了一个中意的单身汉。

13 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

14 precedent   

n.先例，前例；惯例；adj.在前的，在先的

参考例句：

• Is there a precedent for what you want me to do?你要我做的事有前例可援吗？
• This is a wonderful achievement without precedent in Chinese history.这是中国历史上亘古未有的奇绩。

15 albeit   

conj.即使；纵使；虽然

参考例句：

• Albeit fictional,she seemed to have resolved the problem.虽然是虚构的，但是在她看来好象是解决了问题。
• Albeit he has failed twice,he is not discouraged.虽然失败了两次，但他并没有气馁。

16 invoked   

v.援引( invoke的过去式和过去分词 )；行使（权利等）；祈求救助；恳求

参考例句：

• It is unlikely that libel laws will be invoked. 不大可能诉诸诽谤法。
• She had invoked the law in her own defence. 她援引法律为自己辩护。 来自《简明英汉词典》

17 depose   

vt.免职；宣誓作证

参考例句：

• The witness is going to depose.证人即将宣誓做证。
• The emperor attempted to depose the Pope.皇帝企图废黜教皇。

18 fend   

v.照料（自己），（自己）谋生，挡开，避开

参考例句：

• I've had to fend for myself since I was 14.我从十四岁时起就不得不照料自己。
• He raised his arm up to fend branches from his eyes.他举手将树枝从他眼前挡开。

19 lawsuit   

n.诉讼，控诉

参考例句：

• They threatened him with a lawsuit.他们以诉讼威逼他。
• He was perpetually involving himself in this long lawsuit.他使自己无休止地卷入这场长时间的诉讼。

20 impeachment   

n.弹劾；控告；怀疑

参考例句：

• Impeachment is considered a drastic measure in the United States.在美国，弹劾被视为一种非常激烈的措施。
• The verdict resulting from his impeachment destroyed his political career.他遭弹劾后得到的判决毁了他的政治生涯。