Now, Judge Charles Beaudrot will make a recommendation to Georgia Secretary of State Brad Raffensperger whether Greene should remain on the 2022 ballot. Raffensperger will then decide if the Republican Congresswoman can appear on the ballot and continue her bid for re-election.
Georgia’s primary is scheduled for May 24 ahead of the November 8 general election. Raffensperger, also a Republican, is up for re-election this year as well.
Earlier during the hearing, the prosecution asked if she ever advocated to Trump to impose martial law as a way to remain in power.
“I don’t recall,” Greene said.
The prosecution clarified that she was not denying that claim, just saying she did not remember.
“I don’t remember,” Greene said.
Greene’s lawyer chimed in, saying any discussion about Greene’s conversations with then-President Trump would be covered under “executive privilege.”
“Your Honor, I’m going to have to object to this,” James Bopp said, adding that he also represents Trump.
The prosecution said executive privilege does not apply because he is not part of the executive branch and this hearing is about Greene, not Trump.
Celli argued that Greene engaged in the January 6 insurrection, saying the evidence is “very clear” that she “justified,” “supported,” and “promoted” the insurrection. Greene took an oath to “protect” the Constitution on January 3, 2021, Celli said, adding she can no longer say “anything she wants,” that she may have as a private citizen.
He said Greene “said the quiet part out loud,” again referenced the video in which she said “you can’t allow it to just transfer power peacefully like Joe Biden wants and allow him to become our president.”
He explained that there was a “Plan B” for January 6, which was to incite violence and enter the U.S. Capitol illegally. The codename for Plan B was “1776.”
Celli argued that Greene “knew perfectly well” what the code meant, when she mentioned it on Twitter and in TV interviews leading up the January 6. He said Greene actively embraced and promoted it and she never talked about “peace” until after the insurrection took place.
“She was one of several leader who gathered the kindling, who created the conditions made it possible for there to be an explosion of violence at the Capitol on Jan. 6,” Celli said.
He described today’s proceedings as a “political show trial.”
“We have got to put a stop to this, and this is where it should happen,” he said.
Bopp also took issue with the presence of the media inside the courtroom and the fact that the trail is being livestreamed.
He said this case was motivated by a “political agenda” and accused the prosecution of “exploiting” the integrity of the court.
Greene’s lawyer James Bopp Jr. argued that no evidence proves that Greene incited violence on January 6. Bopp presented two scenarios where candidates do not qualify to run for election – if the Secretary of State decides the candidate does not qualify or is ineligible.
Bopp questioned “how in the world do we know right now” that Greene won’t be qualified to re-run? “It’s impossible” to know at this time that’s she’s “ineligible.”
Bopp pushed back against the prosecution seeking to link Greene’s support of the Second Amendment to support of an insurrection. He also questioned how those who peacefully rallied or how the rally itself could be held into account for the group who committed illegal acts.
Moments earlier, Bopp presented his defense, showing evidence where Greene is heard denouncing the violence of January 6.
Bopp also took issue with the prosecution’s argument during the hearing.
“They want to hijack and cancel words like 1776, the Declaration of Independence, Independence Day and the American Revolution,” Bopp said.
Greene’s lawyer James Bopp Jr. began his questioning Friday afternoon. He asked Greene if she knew there had been violence at the Capitol at the time members were notified that people had illegally entered the building. Greene answered she only knew what she was told and that she and other members heard a gunshot.
“We were so confused, we thought Antifa was breaking in or BLM because those were the riots that had gone on and on all throughout 2020 day-in and day-out,” Greene said Friday. “Just horrible riots all over the country and that was the only thing that made sense to most of us.”
She said she has denounced violence and those BLM and Antifa riots “over and over.”
Bopp then showed a video Greene shot on January 6 that was posted on Twitter denouncing the violence and calling for a peaceful protest. In it, she’s heard saying “I urge you to remain calm, I urge you to have a peaceful protest” and “obey the law.” She said it was a time to support Former President Donald Trump and the election’s integrity, saying “this is not the time for violence.”
Greene said she was scared when she made that video.
“I was scared,” she said on the stand. “I was very scared. I was concerned. I was shocked, shocked, absolutely shocked. Every time I said we were going to fight, I was objecting. I had no idea what was going on and I just didn’t want anyone to get hurt.”
Greene said she was a “victim of the riot that day,” as Bopp pointed to Former FBI Director Christopher Wrey’s testimony to Congress in March of 2021 Greene said she was in the House Chamber when the attack began and was among other members evacuated to safety and held for hours in a secret location.
Celli said Greene borrowed the line “we are not a people who are going to go quietly into the night” from a movie script.
Greene said she did not know what he was talking about.
Celli said that was a line from the 1996 film “Independence Day,” leading to some laughing among the crowd inside the court. Greene said she saw the movie but did not lift the line from it.
The prosecution then gave a brief synopsis of the film, where aliens invade Earth and there is a large battle on July 4th.
“You are giving us quite the entertainment today, thank you,” Greene said.
Celli then played a clip when actor Bill Pullman, who plays the president of the United States, said the line Greene “borrowed” to a group of fighter pilots who are about to go into battle.
The line in the movie is “we will not go quietly into the night.”
When asked about the line again after the clip was played, Greene told Celli she doesn’t “view courtrooms and politics and Hollywood like you do.”
“That’s not the first person who said that and it won’t be the last,” she said. “I don’t recall getting any inspiration from the Hollywood movie like you’re suggesting.”
Celli asked if she was referencing that film or suggesting that January 6 would be a new Independence Day.
“All I was talking about was objecting and standing up for people’s votes in our election,” she said.
“You can’t allow it to just transfer power ‘peacefully’ like Joe Biden wants and allow him to become our president,” Greene said in the video. “Because he did not win this election. It’s being stolen and the evidence is there.”
Greene said the video was chopped and not in full. Upon playing further, Greene is heard saying an effort is being organized to object, “we aren’t a people who are going to go quietly into the night.”
Celli asked if Greene borrowed the line “quietly into the night” from Independence Day, Greene said she didn’t know what he was referring to. Celli then played a clip from the movie in court.
In the video, Greene also said a “million” people would be headed to Washington. When Celli asked Friday how she knew the number expected, she answered that was the figure media discussed at the time. In a follow-up, Celli asked if the demonstration’s organizers used that figure, Greene said she didn’t know.
When asked about the group and its written plans for January 6, Greene said she was not aware of any plant.
The prosecution said the Proud Boys are a “violent extremist group,” but Greene could not agree with that assertion.
“I’ve heard about them. I don’t know what they do. I don’t know much about the Proud Boys,” Greene said.
Greene said she “didn’t know” if she referred to the Declaration of Independence when discussing January 6. Celli played a video where Greene is heard saying the Declaration says “to overthrow tyrants.” Greene said Friday that she doesn’t recall the rest of her statement in the video because it was “cut off.”
Celli then referenced a Newsmax interview from January 5, the day before the insurrection. In it, Greene is heard sharing her support of Former President Donald Trump, saying she and others would “fight” for Trump and the integrity of the electoral process the following day. She also referenced a GOP meeting from earlier that morning, saying “this is our 1776 moment.”
On the stand Friday, Greene explained she was “talking about the courage to object” in that interview.
Celli asked if Greene believed the American Revolution was “violent,” to which she answered it was a “revolutionary war, it was violent.” Celli played another interview clip from a gun shop in October of 2020. Greene is heard saying a vote for Trump is a vote for freedom and if this generation doesn’t stand up and defend freedom “it’s gone.” Once you lose your freedom, it has to be “earned with the price of blood,” Greene says in the clip.
The defense criticized the video, questioning its source and saying it had been edited multiple times. Greene clarified in court Friday that the “price of blood” is the “unfortunate and tragic cost of war.” Greene again said she is “always” against violence and “never wants to see a war” on American soil, referencing her three children who are now young adults.
Greene said the prosecution is" trying to push a narrative and “put words” in her mouth."
When asked by the prosecution if she or someone from her staff gave maps of the building or office locations to anyone, Greene laughed off the question.
“No, we got our keys to my office on January 3rd,” she said. “I couldn’t even find where the bathroom was most of the time.”
Prosecutor Andrew Celli played a video where Greene was referring to a demonstration planned in February of 2019. In it, she is heard encouraging people to shut down the streets in Washington and flood government buildings with the intent to demand government serve the people because “we are sick and tired of their ways.” Her comments conclude saying we’re going to “march in protest” and “I am telling you to get your butt there.”
On the stand Friday, Greene said she believes she was referring to a march planned on February 23, 2019, explaining there was no violence that day, “we peacefully protested.” Celli attempted to connect her comments in the video to the violence that unfolded on January 6, 2021. Greene replied saying the two events have nothing to do with each other and reiterated that she only believes in “peaceful demonstration, I do not support violence.”
Celli then referenced a CNN article that stated Greene warned that demonstrators would show their opposition “the other way” if the peaceful protest wasn’t successful. Greene said she did not specifically say those words and CNN has “chopped” up her words and lied about her repeatedly.
“You sound like you have as many conspiracy theories as QAnon at this point,” Greene said to Celli.
The judge stepped in, asking when the material in question was published, telling Celli he was “pushing the envelope” and court seriously needs to “get back to task.”
Greene said she “absolutely” did not know of anyone planning to enter the U.S. Capitol illegally and disrupt the voting process prior to January 6. When asked if she or any of her staff provided advice, funds or other materials in connection to demonstrations planned on January 6, Greene answered, “I don’t remember, I don’t think so.”
When asked why there was an appearance marked on her calendar, Greene said she was not planning to attend any demonstration because she was busy preparing to object to the certification of the 2020 presidential election.
She also said she does not recall talking about attending a demonstration nor talking to other elected officials about planned demonstration on January 6.
Greene said she new “many” people were coming to the Capitol to support former President Donald Trump and the objection to the election certification that day.
When asked if she asked people to come, Greene said she did not recall personally inviting them.
“I don’t recall personally asking people to come, but evidently I tweeted about January 6,” she said, pointing to a tweet.
She added that she has “never once seen violence out of Trump people.”
Greene said the prosecution was speculating her intentions behind tweeting about expected “wild” protests in support of Former President Donald Trump on January 6. She repeated that she was encouraging attendance at a peaceful demonstration that day to support Trump. Greene said no one tweeted on her account without permission, but she cannot recall who was responsible for the tweets in question.
“I never mean anything for violence, my words never mean anything for violence,” Greene said.
Celli also referred to a Facebook post Greene’s account “liked” that said a “bullet to the head” would be a faster way to remove Nancy Pelosi from office than impeachment.
Greene said she had “no idea who liked that comment,” explaining that multiple people have managed her social media accounts over the years. When Celli again asked if Greene may have liked it herself, she said “I do not know.”
Celli also referenced a CNN article saying Greene called Pelosi a traitor to the country and is guilty of treason, saying the crime is punishable by death. Greene said CNN has lied about her “multiple” times.
The defense continued to interrupt the prosecution during questioning. In a couple of instances, the judge intervened and began asking Greene questions himself.
When asked about the purpose of the tweet, Greene said she was not asking people to come to Washington D.C. to “stop the theft of the 2020 election,” as the prosecution said.
She said she was asking people to come for a peaceful march in support of former President Donald Trump. Greene said she did not ask people to “actively engage in violence or any type of action.”
At first, Greene avoided directly answering whether she believed the election was stolen from Trump.
She later said she believes that Joe Biden lost the election pointing to evidence of voter fraud in several states.
Greene said that, in her opinion, there was a “tremendous amount of fraudulence” surrounding the 2020 presidential election. adding that she wants to do everything she can to protect election integrity and the people of her district.
“People’s votes…should count,” she said.
Breaking the law is “unlawful,” Greene answered, saying some 700 people have been charged in connection to the violence that unfolded at the U.S. Capitol on January 6. However, Greene said she “didn’t know” if they would be defined as enemies.
“I had no knowledge of any attempt” to unlawfully interfere with the process of counting the electoral college votes, so “I can’t answer that question,” Greene said.
The defense constantly interrupted the prosecution during the beginning of questioning.
Andrew Celli, one of the lawyers for the prosecution, said Greene would not directly answer his questions, telling the Judge that “she can’t give speeches.”
Judge Beaudrot had to interrupt the squabble between the defense and prosecution.
“This is not theater, this is not an argument before the Supreme Court. This is an evidentiary hearing so let’s get going,” he sid.
She is testifying under oath about her role in the January 6 insurrection.
Greene is accused of being an insurrectionist, therefore disqualifying her from running for reelection.
The plaintiffs asked that Magliocca be considered an expert, but the defense objected, saying he has to provide additional information to the court.
Judge Charles Beaudrot was wary of Magliocca’s testimony at first, saying he could just submit the research he had done on Section 3 of the 14th Amendment.
Magliocca said the 14th Amendment meant to exclude Confederate leaders from voting or holding office after the Civil War.
He then discussed Shay’s Rebellion and the Whiskey Rebellion, noting how armed civilians protested land and spirit taxes by interrupting courts and attacking tax collectors.
The defense made several objections, saying this is getting beyond the relevant legislative history.
“Rep. Greene was a victim of this attack,” Bopp said during opening statements Friday. “Her life was in danger, she thought,” she was “scared and confused.” He argued that’s not how a person who planned the attack would react. He said her children were “frantic” as the day’s events unfolded.
Bopp referenced a video Greene shared on social media during the insurrection, urging a “peaceful protest,” and telling those in attendance to “obey the laws.” She said it was not a time for violence, but a time to support Former President Donald Trump and the integrity of the 2020 Presidential election.
Evidence to be presented in the case will prove that Greene did not engage in the violence of the insurrection, as understood under the law, Bopp said. He called the assault against the U.S. Capitol “despicable.”
“Words matter here,” he said.
The provision to the 14th Amendment states any elected official who takes an oath to uphold the Constitution is disqualified from holding any future office if they “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
Bopp said this does not apply to anything Greene said before she took office on January 3, three days before the insurrection.
“Evidence of anything prior to January 3 is completely irrelevant to section three [of the 14th Amendment].”
He said the law does allow an insurrectionist to take office, but dose not bar someone from running for office or seeking reelection.
What she did or said before taking office is “completely irrelevant to the law,” Bopp said, unless there was a direct admission of intention to engage in a rebellion or insurrection.
Bopp added that Greene “reveres” the Constitution.
He said the prosecution did not mention a word of the law during his opening statement, saying there is “no place for hyperbole” or political smear in the courtroom.
“What we just heard was not a word about the law,” Bopp said. “This is a very serious matter, and the decision should be based on admissible evidence under the rules.”
Bopp said the voting rights of the 14th district of Georgia are at stake, as this case threatens to remove Greene from the ballot.
“Voters have the right to vote for the candidate of their choice,” he said. “And they have the right to have their vote counted.”
He said the nation’s democracy is at stake because voters, not judges and lawyers, should decide elections.
Greene’s Frist Amendment right to use political speech is also at under threat, Bopp said.
“Speaking against the certification of the election alone is political speech and should be protected,” Bopp said.
Fein called Friday’s hearing a “solemn occasion” and “serious case,” as the Republican Congresswoman broke her oath to office by engaging in the January 6 insurrection.
He noted past insurrections in U.S. history, the most notable being the Civil War. Fein explained that January 6 was organized differently, as leaders were not “on horseback” and utilized social media. Among the many purposes of the “violent” assault were “capturing and executing” House Speaker Nancy Pelosi, Vice President Mike Pence as well as interrupting the process of certifying the U.S. Presidential election and peaceful transfer of power.
He argued that evidence will show Greene was one of the insurrectionists.
“The most powerful witness against Marjorie Taylor Greene’s candidacy… in establishing she crossed the line… is Marjorie Taylor Greene herself,” Fein said.
Gaetz is seen sitting in the front row, diagonally behind Greene.
“I’m here in Atlanta to support Rep. Marjorie Taylor Greene against the assault on democracy that is this effort to remove her from the ballot,” Gaetz tweeted Friday before opening statements began.
A court official shut it down quickly, reminding the crowd there is no shouting allowed in the courtroom.
Before the hearing, Greene tweeted that Republicans “must protect election integrity.”
“It’s one of our most important issues in our country,” she said, adding that “only the people have the right to choose who they send to Congress.”
Republican Representative Marjorie Taylor Greene is set to take the stand to testify on her involvement in the January 6 riots at the Capitol.
The cases brought against Greene will determine if she will be barred from running for reelection because of her role in the January 6 insurrection that aimed to stop the certification of the 2020 presidential election.
The lawsuit revolves around a Civil War-era provision of the Fourteenth Amendment which disqualifies an elected official from future in office if they “engaged in insurrection or rebellion” or “given aid or comfort to the enemies” of the U.S. Constitution.
The hearing will stream live on C-SPAN beginning at 9:30 a.m. ET.
Fein also said that on the day before the January 6 attack, Greene used a “codeword” - “1776” - encouraging rioters to storm the Capitol.
“The day before the attack, she signaled to her followers a codeword that meant to storm federal buildings and supposedly overthrow tyrants,” Fein told MSNBC on Wednesday.
“So, we are going to ask her about all of that and more.”
On 5 January 2021, while interviewed by Newsmax, Greene said: “This is our 1776 moment.”
McCarthy then called out on lawyer Marc Elias, whom he wrongly said was leading the case against Green.
“Marc Elias’ case against Rep. Taylor Greene is undemocratic & un-American,” McCarthy tweeted.
Elias promptly responded that he had not filed any case against Greene, “but I am clearly living rent free in your head,” he wrote.
“The left is trying to remove patriots like @RepMTG and me from the ballots. We expect them to act like that,” he tweeted.
Free Speech for People, the same group representing the group of voters who challenged Greene’s eligibility for re-election, filed a similar challenge on behalf of a group of voters in North Carolina against Cawthorn.
But the challenge against Cawthorn was shut down by judge Richard Myers in early March on the basis that laws approved by Congress in 1872 and 1898 make it so that the 14th Amendment section cannot be applied to current House members.
Cawthorn spoke at the rally on January 6, 2021 that preceded the attack on the Capitol, but denied any wrongdoings.
Trump might be banned from Twitter for life, but he still manages to have his voice heard on the platform: in a statement shared on the social media app by the former president’s spokesperson Liz Harrington, Trump accused Kemp and Raffensperger to act “in collusion with the Radical Left Democrats” to “unseat” Greene.
Trump said Greene was now “going through hell.”
“This is a rare action and, in fact, it hasn’t happened for over 150 years because insurrections against the United States, let alone insurrections in which members of Congress were involved is a very rare phenomenon,” said Fein, who is the legal director of Free Speech For People, the group representing the five voters who have made the formal complaint against Greene’s candidacy to be re-elected.
“But Marjorie Taylor Greene crossed the line and she met the legal standard for engaging in insurrection, which, under our Constitution, means that she is disqualified from future public office,” he added.
“If we prevail with this hearing on Friday then the judge will write a written recommendation, which of course could be appealed, that would say Marjorie Taylor Greene is disqualified from public office,” Fein said.
From 9:30 a.m. ET a hearing will begin in an Atlanta courtroom in which she is expected to become the first elected official to testify under oath about their involvement on January 6. Lawyers are seeking to have her disqualified from running for re-election over her alleged involvement in the events leading up the day.
If that wasn’t bad enough, the whole thing will be broadcast live on C-SPAN, a fact that Greene complained about earlier this week.
“They’re going to allow the press in the courtroom. They’re going to allow the whole thing to be videoed live and go anywhere in the world they want to. You know what that’s going to look like? The Democrats and the nasty mainstream media, the ones who lie about me constantly anyways, they’re going to be able to twist and turn and clip out any little piece they want of these horrible things that these funded attorneys are going to try and say about me.”
