Insurrection: The Possible End to Madison Cawthorn’s Short-lived Career
Madison Cawthorn (R), Congressional Representative of North Carolina’s 11th District could face disqualification from public office. Source: New Yorker
On January 6, 2020, the nation watched in awe as an estimated 2,000 people raided the Capitol in efforts to stop the certification of Joe Biden’s election. The events leading up to the raid were characterized by protests and various politicians insisting that the 2020 election experienced widespread voter fraud, therefore making Biden’s election illegitimate.
Several politicians and their associates have been investigated due to suspicion that they might have played a role in the aforementioned insurrection. President Trump is the main target of the investigation; however, one of the Congressmembers under scrutiny at the moment is controversial newcomer Madison Cawthorn (R) of North Carolina’s 11th District, who was elected in the fall of 2020 and is seeking reelection in the 2022 midterm elections this November.
In recent months, members of the committee investigating the insurrection have subpoenaed Cawthorn’s social media and phone records. Prior to the insurrection, Cawthorn met with protestors at the “Stop the Steal” protest and tweeted “the future of this Republic hinges on the actions of a solitary few … It’s time to fight.” As a result, many people are arguing that Cawthorn played a significant role in the insurrection and should be punished. In fact, eleven voters in North Carolina have filed suit in an effort to prevent Cawthorn from running for re-election in November.
The suit concerns itself with the 14th Amendment, particularly Section 3, which reads, “No person shall be a Senator or Representative in Congress… who, having previously taken oath, as a member of Congress… 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 thereof.” Essentially, this section of the 14th Amendment states that any elected official that has participated in insurrection or rebellion against the government is subject to disqualification of running for public office.
The voters bringing the suit argue that the raid of the Capitol is classified as an insurrection. Therefore, Cawthorn’s actions encouraging protestors to “fight” in advance of the raid constitute him as participating in the insurrection, and thus should prohibit him from running for public office again. They also argue that not only did Cawthorn encourage the crowd, but there is also evidence that he coordinated with the protestors, therefore making him responsible. It does not help his case that he sympathized with the insurrectionists and called them “political prisoners'' and “political hostages” in response to their arrest.
The process of disqualifying Cawthorn goes as follows: Under North Carolina law, the voters bringing the suit first have to provide sufficient evidence for their claims and if they can, the burden then becomes Cawthorn’s. Afterward, the State Board of Elections will convene a panel of five members from the counties Cawthorn represents. These members will conduct a hearing on the barring of election. If this is appealed, the State Board of Elections will hear the case and if that is appealed, it will become a matter of the North Carolina courts.
Cawthorn will have to prove he did not participate nor aid in the “insurrection”; however, this will be difficult because both Mitch McConnell and Trump’s lawyers referred to the riot as a “failed insurrection” and “violent insurrection,” respectively. Cawthorn’s actions indicate he was involved in some capacity; therefore, it would be in his best interest to argue that what occurred was in fact not an insurrection. However, this could prove to be difficult considering the position both McConnell and Trump’s lawyers have taken. Furthermore, Cawthorn himself voted for a resolution that denoted the rioters as “insurrectionists.”
Cawthorn intends to fight the suit and a spokesperson commented saying the voters bringing the suit are “comically misinterpreting and twisting the 14th Amendment for political gain.” It is clear Cawthorn does not believe the suit will succeed. However, if the suit manages to succeed, Cawthorn will be disallowed from running for public office. Additionally, he could be subject to criminal charges by the federal government like many of the people involved in the riot.
Based on the evidence and comments made by politicians, it is clear the events of January 6th constitute an insurrection. Therefore, it is likely this suit could be successful, but there may be some issues because they do not have the strongest evidence. However, if the suit is a success, Cawthorn’s political career will have been short-lived and the youngest sitting member of Congress will have to bid farewell to Capitol Hill.