Disqualification of Senators Josh Hawley, Ted Cruz, and other Senate and House candidates under Section 3 of the 14th Amendment
Comments on the day's news: Putin is watching Biden's actions in Gaza
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A Comment does not necessarily mean the views expressed will not be more fully developed in a subsequent article.
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Disqualification of Senators Josh Hawley, Ted Cruz, and other Senate and House candidates under Section 3 of the 14th Amendment
Shouldn’t the Constitution’s “Disqualification Clause—Section 3 of the 14th Amendment—apply not only to Donald Trump, but also to Josh Hawley, Ted Cruz, and other Senate and House candidates who opposed the certification of the 2020 election results?1
The following Senators and House Representatives are among those who voted against the certification of the presidential election results on January 6, 2021.
Senators
Josh Hawley (R-MO)
Ted Cruz (R-TX)
Tommy Tuberville (R-AL)
Representatives
Mike Rogers (R-AL)
Darrell Issa (R-CA)
Devin Nunes (R-CA)
Lauren Boebert (R-CO)
Matt Gaetz (R-FL)
Marjorie Greene (R-GA)
Steve Scalise (R-LA)
David Cawthorn (R-NC)
Jim Jordan (R-OH)
Elise Stefanik (R-NY)
A number of these individuals, including Josh Hawley and Ted Cruz, are running for reelection in 2024.2
A strong case can be made that those who voted against certification were part of a conspiracy to overthrow the November 2020 presidential election results, and with them the Constitution. They appear to have “engaged in insurrection or rebellion against the (U.S.), or given aid or comfort to the enemies thereof,” in the words of Section 31
Section 3 of the 14th Amendment to the U.S. Constitution provides the following:
Fourteenth Amendment Equal Protection and Other Rights
Section 3 Disqualification from Holding Office
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 the same.
Consequently, those who voted against certification, including those listed above, would appear to be prime candidates for disqualification from running for reelection in 2024.
If citizens are paying attention, a large number of lawsuits should be initiated to prevent such persons from running for public office.
The issue here is whether the citizens of a democracy such as the United States will act to defend that democracy against those who would overthrow the Constitution and the Rule of Law.
To this observer, it seems that the Republicans are on a total war footing, and are willing to follow Donald Trump to the ends of the earth, and to the end of our Constitution.
Following Donald Trump, the great admirer of Vladimir Putin, Republicans in Congress have succeeded to date in blocking passage of urgently-needed military and economic assistance for Ukraine. Putin couldn’t be happier.
The likely Republican presidential candidate is a pro-Russian supporter of the monstrous dictator and war criminal Vladimir Putin, president of the Russian Federation.
A battle for the soul and the future of the country is underway.
And yet the Democrats seem to be asleep, and incapable of acting together forcefully to avoid what is a looming catastrophe, not only for the United Stares but also for Ukraine, international law, and the U.N. Charter-based international legal order.
Those opposing Trump and his fascist movement are in an existential struggle to uphold and strengthen tbe Rule of Law, both under the U.S. Constitution and the United Nations Charter.
If Democrats and “little d” democrats are to prevail in this struggle, they need to pull out all the stops and shift to a war footing.
One of the first things they should do is to put together a billion-dollar legal defense fund to finance an all-out effort to disqualify those who supported the insurrection and attempt to overthrow the Constitution, or who aided those who did, from running for election to the House or the Senate in 2024.
Successfully executing such a strategy could return a comfortable working majority for the Democrats in the House, and potentially help them achieve a majority in the Senate.
Moreover, a major benefit would be to remove from the Congress the despicable legislators who betrayed our country and the Constitution on January 6, and on the days leading up to that culmination of criminal efforts to overthrow the 2020 election.
As the French shouted in the days of the French Revolution, “Aux armes, Citoyens!!! (Get your weapons, Citizens!) In 2024, under the Rule of Law and the Constitution, those weapons are lawsuits to prevent the despicable individuals who tried to overthrow the Constitution from ever running for public office again.
As mandated by Section 3 of the 14th Amendment of the United States Constitution.
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Comments on the day’s news
Comments for February 7, 2024 —
Putin is watching Biden's actions in Gaza
Vladimir Putin is watching Joe Biden as he reacts to events in Gaza.
In the background is the ICJ’s Order of Provisional Measures of January 26, 2024.3
Today Benjamin Netanyahu categorically rejected the latest proposal for a pause in tbe fighting and an exchange of hostages and prisoners. In rejecting the proposal out of hand, he reaffirmed that Israel's goals were unchanged. The New York Times quoted him as follows:
“There is no solution besides total victory,” Mr. Netanyahu said on Wednesday. “If Hamas survives in Gaza, it’s only a matter of time until the next massacre.”4
Le Monde reported in a more detailed account that Netanyahu had announced he had given orders to the army to prepare an assault on Rafah. U.N. Secretary General Antônio Guterres expressly warned against such action, in a speech before the U.N. General Assembly, because of its catastrophic humanitarian consequences.5
Biden needs to persuade Netanyahu to change his approach. Words will not do this. Actions might.
What actions?
First, the U.S. could state publicly that its veto of U.N. Security Council resolutions critical of Israel will not be automatic in the future, but rather decisions regarding its use will be made on a case-by-case basis, taking all U.S. interests in the Middle East region fully into account, The U.S.could show they’re serious by not vetoing a resolution critical of Israel. e.g., reiterating its call for Israel to provide full humanitarian assistance in compliance with the ICJ’s Order of Provisional Measures of January 26, 2024.
Second, announce that the State and the Defense departments are reviewing their internal monitoring and control mechanisms designed to ensure U.S. military assistance and approved military sales are used only in self-defence as required by U.S. law.
Putin sees apparent U.S. complicity in the commission of what appear to be Israeli war crimes in Gaza (e.g., the months’-long siege of the Gaza Strip). He probably thinks this will take pressure off of him for Russian war crimes in Ukraine. He probably thinks it will strengthen his position among the countries of the Global South, particularly in Africa where Russia has been making great advances.
Putin sees that Biden cannot handle Netanyahu, his own ally. This is likely to confirm his view that Biden is a pushover, particularly when it comes to any direct confrontation with Russia—e.g., over allowing Western-supplied weapons to attack targets in Russia, supplying large numbers of ATACMS artillery rockets with full range and full capabilities (e.g., the capability to strike the Kerch Strait Bridge), or urging Germany to supply Ukraine with its Taurus cruise missiles which have a range of 500 km).
Biden’s apparent weakness in dealing with Netanyahu is likely to ease any concerns Putin might have about a potential nuclear confrontation with the U.S.
We still don’t know what understandings with Putin Biden may have reached in secret back-channel discussions between National Security Adviser Jake Sullivan and Putin’s top national security aides. For example, were any understandings reached about enforcing Putin’s “red lines”?
Vladimir Putin is watching Joe Biden’s actions, not his words, as he reacts to events in Gaza.
See Alvin Chang, “The long list of Republicans who voted to reject election; List includes Ted Cruz of Texas and Josh Hawley of Missouri and a majority of Republican House member,” The Telegraph, January 7, 2021;
See, e.g., Anna Kaufmanm “The 2024 Senate elections are fast approaching. These are the seats up for re-election,” USA Today updated September 8, 2023 (1:23 pm ET);
See James Rowles, “World Court issues Order of Provisional Measures in South Africa's genocide case against Israel; Text of ICJ Press Release with Links to detailed Summary of opinions and Video of reading of Order in Court,” Trenchant Observations, January 26, 2024.
Adam Rasgon, Aaron Boxerman, Zolan Kanno-Youngs and Michael Levenson, “Netanyahu Spurns Hamas Offer for Gaza Cease-Fire; The Israeli prime minister said that the proposed deal would leave Israel vulnerable to attack and that its forces were preparing to expand their operations,” New York Times, February 7, 2024.
Le Monde avec AFP, “Guerre Israël-Hamas : le point sur la situation pour la journée du mercredi 7 février; Le premier ministre israélien, Benyamin Nétanyahou, a demandé à l’armée de préparer une offensive sur Rafah, où se massent des centaines de milliers de Palestiniens,” Le Monde, le 7 février 2024 (,modifié à 20h42).
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