Thursday, January 07, 2021

A Follow-Up to My Prior Post on Insurrection

Gerard N. Magliocca

Derrick Evans, a member of the West Virginia House of Delegates, was allegedly part of the mob that stormed the Capitol. (He says on video taken during the riot that he was there). Section Three of the Fourteenth Amendment applies squarely to him if you think that what occurred yesterday was an insurrection. Mr. Evans took an oath to defend the Constitution as an elected official. He is ineligible under Section Three to serve any longer as a state legislator if he then engaged in insurrection against the United States. The West Virginia House of Delegates has a federal constitutional duty to look into this and to expel Mr. Evans if they deem yesterday's event an insurrection.

UPDATE: Mr. Evans resigned on January 9th.


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