Judge declares Rep. Marjorie Taylor Greene should stay on the ballot 

Rep. Marjorie Taylor Greene (R-GA) shouldn’t be disqualified over her role in the Capitol riot, a judge said on Friday.

State Judge Charles Beaudrot said in a 19-page recommendation that even if it is assumed that the US Capitol riot was an insurrection, “challengers have produced insufficient evidence to show that Rep. Greene ‘engaged’ in that insurrection after she took the oath of office on January 3, 2021.”

The judge concluded that there was “no persuasive evidence” that Greene had taken direct actions to help the insurrectionists, such as “physical efforts, contribution of personal services or capital, issuance of directives or marching orders, transmissions of intelligence, or even statements of encouragement.”

“Her public statements and heated rhetoric may well have contributed to the environment that ultimately led to the Invasion,” Beaudrot concluded. “But expressing constitutionally-protected political views, no matter how aberrant they may be, prior to being sworn in as a Representative is not engaging in insurrection under the 14th Amendment” and therefore isn’t disqualifying.

The plaintiffs had asked the state to disqualify Greene, citing a provision in the Constitution that forbids members of Congress who support an insurrection from serving in office.

Greene testified in her hearing that she “doesn’t recall ever discussing” invoking martial law with former President Donald Trump as a way for him to challenge the presidential election result.

Later on Friday, Georgia’s secretary of state, Republican Brad Raffensperger, who had final say, announced that he would follow the judge’s recommendation.

In a tweet after Beaudrot’s ruling, Greene wrote: “ACQUITTED.” In an interview after the ruling was handed down, Greene’s lawyer, James Bopp Jr., told CNN that “this is a great day for the First Amendment and a great day for our democracy.”

“There’s a bevy of well-funded Democrat lawyers behind this political smear … they are trying to win elections by disqualifying members of Congress,” Bopp said.

Greene or the challengers can still appeal Raffensperger’s decision to a state court, which can overrule the secretary of state if it believes he ruled unfairly.