Greene is expected to be called as a witness at the marathon hearing, making her the first lawmaker to testify under oath about their involvement in the uprising. The outcome will reverberate outside of Georgia as similar challenges are pending against other Republican officials and could be filed against former President Donald Trump if he runs again in 2024.
The case is being resolved around a Civil War-era provision of the Fourteenth Amendment, which states that any U.S. official who takes an oath to uphold the Constitution will be disqualified from holding future office if they “engage in insurrection.” or rebellion against the same, or getting help or comfort for the enemies thereof.” But how this applies today is a hotly debated legal question.
The burden of proof is on the challengers, to show with a “more likely than not” standard that January 6, 2021 was legally an insurrection and that Greene was helping the insurgents. State Judge Charles Beaudrot will chair the administrative hearing and will make a recommendation to Georgia Secretary of State Brad Raffensperger on whether Greene should be disqualified.
Greene can appeal Raffensperger’s decision in state court. She has vehemently denied any wrongdoing related to the US Capitol uprising, claiming she “never encouraged political violence” and saying she was not involved in planning protests. Her attorney told DailyExpertNews that he believes Friday’s hearing is a “show trial” and that the entire proceeding is a flagrant violation of her rights.