Simply voting against certification of the electoral college doesn’t meet that bar, according to Indiana University Law School professor Gerard Magliocca.
“My view is the members who voted against the certification didn’t do anything unlawful or unconstitutional,” Magliocca said. “People might not like it, and they can be criticized for doing that, but I don’t see it as grounds for an exclusion or an expulsion.”
However, if lawmakers participated in the rally before the attack on the Capitol or communicated with the rioters, that would change the calculus, he said.
Assessing a representative’s actions outside the vote becomes more nuanced, said University of Pennsylvania law professor Kermit Roosevelt. There may be a difference between a lawmaker tweeting specific information that potentially puts another member in danger and Sen. Josh Hawley, R-Mo., raising a fist in support of the crowd.
“The question then is: Did they cross the line in terms of participating?” Roosevelt said. “Someone who tweets out the location of the Speaker of the House is arguably participating. Someone who raises a fist in support of the protesters is not participating.”
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January 13, 2021 at 02:23AM
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Excluding lawmakers under 14th Amendment no easy task - Roll Call
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