Per NPR, a special commission of local election judges in North Carolina will soon determine that.
Contra a Cawthorn legal spox, James Bopp Jr., it's clear there was an insurrection. The First Amendment angle? From what we know publicly, it might be hard to link Cawthorn's comments to "engaging" in insurrection. But, what about texts, etc., like the ones Texas newspapers want from Ken Paxton? Speaking of, why won't people level this charge against Paxton? Probably because it has no chance of flying here. I mean, I assume with a statewide office, it goes directly to the Secretary of State, and John Scott, or some later flunkie du jour of Strangeabbott's ain't doing nothing.)
That said, contra lawyer Bopp, the 14th Amendment itself mentions "aid and comfort" as well as "engage." (Shock me that Bopp doesn't discuss that.) For that matter, Missouri wingnut Josh Hawley's open-air fist salute could arguably be "aid and comfort."
And, per the amendment, state officials as well as federal ones, take an oath to the Constitution of the U.S., and not just Tex-ass or whatever other state they're from.
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