Attorneys representing two Republican congressmen and a GOP state House member running to be Arizona’s top election official urged a judge in Phoenix to dismiss lawsuits that allege they're ineligible for the November ballot because they participated in or helped organize the Jan. 6, 2021, rally in Washington that ended with an unprecedented attack on Congress.
A Maricopa County judge heard arguments from attorneys for Congressmen Andy Biggs and Paul Gosar, along with State Senator Mark Finchem. The suit cites the 14th Amendment and alleges they helped organize the Jan. 6 rally that eventually led to the riot at the Capitol.
"There is no congressional statute that authorizes a state court to try someone under section three of the 14th amendment," Wilenchik told Coury. Attorney Alexander Kolodin, representing Gosar, said the lawsuits ignore the free speech rights in the 1st Amendment and the Arizona Constitution. And he said there are least needs to be a crime for the 14th Amendment to apply.
Kory Langhofer, the attorney representing Biggs, said the lawsuits' allegation that he planned events like the rally knowing it would lead to an insurrection was just wrong.Jim Barton, an attorney representing the voters trying to block the three lawmakers from appearing on the ballot, said his clients are not alleging they committed a crime.
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