Anonymous ID: c80a7e Feb. 1, 2021, 11:16 a.m. No.12791319   ๐Ÿ—„๏ธ.is ๐Ÿ”—kun   >>1339 >>1361 >>1537 >>1714 >>1840

Details from the Senator Chase v Virginia Senate lawsuit

 

https://www.progress-index.com/story/news/2021/02/01/va-state-senator-files-federal-suit-against-senate-remove-censure/4337947001/

 

 

RICHMOND โ€” State Sen. Amanda F. Chase is suing her colleagues in the Virginia Senate, saying last week's vote to censure her and strip her of her seniority amounts to a violation of her constitutional right to free speech and due process.

 

The suit, filed Monday in U.S. District Court in Richmond, names Senate clerk Susan Clarke as a defendant and asks that she not allow the publication of the reprimand in the chamber's public journal pending the outcome of the case. Virginia Beach attorney Tim Anderson, who is seeking election to one of the city's House of Delegates seats this year, filed the suit on Chase's behalf.

 

The suit claims that the 24-9 vote on Jan. 27 violated Chase's rights under the First and 14th Amendments to the Constitution that guarantee the right to free speech and equal access to due process, respectively. It says the allegations made in the censure resolution were not properly vetted by the Senate Privileges & Elections Committee before anything was filed.

 

The move was not completely unexpected, as Chase had said several times prior to the vote that she would sue if the Senate supported the censure.

 

Chase, R-Chesterfield County, reiterated those claims in a statement Monday to The Progress-Index. She said the censure was brought by "the political elite class of the Senate" who disagree with her political persuasions. Chase, an ardent supporter of former President Donald Trump, is running for the Republican nomination for governor this year, and claimed the reprimand was a political hit job on her campaign.

 

"The First Amendment of the Constitution applies to everyone, and you do not lose it when you become an elected official,: Chase said. "The majority of the Senate of Virginia believe that collectively they can silence the First Amendment as long as they do it with a group vote."

 

The censure resolution, sponsored by Democratic Sen. John Bell of Loudoun County, was supported by all 21 Democrats in the Senate, plus three Republicans. One of them is Senate Minority Leader Thomas K. Norment Jr. of James City County, with whom Chase has publicly feuded in recent years over direction of the Senate leadership. Six Republicans opted not to vote for or against the resolution.

 

At one point during the two-hour debate on the Senate floor, Lt. Gov. Justin E. Fairfax โ€” a Democrat who is the Senate's presiding officer โ€” ruled that the resolution had not been properly put forth in the chamber because there was no evidence the charges in it were ever investigated by Senate P&E, which is standard protocol. Senators immediately voted to overturn Fairfax's decision.

 

"The Virginia Senate knowingly and intentionally violated its own rules overruling its own President and proceeding with a censure that was both unconstitutional on its face and in blatant violation of its own rules," Chase said Monday.

 

Messages left with Schaar's office and the Virginia attorney general seeking comment have not yet been answered.

 

In a post on his law firm's Facebook page, Anderson said he would not comment on the case while it proceeds through the system. He did, though, share thoughts on the central issue of the case.

 

"The comments made by Senator Chase were entirely protected by the First Amendment and censure of the Senator was nothing more than an attempt to silence her free political speech and expression," Anderson wrote. "As Americans we do not have to agree with what someone says but we must agree to defend each American's right to freely exercise their First Amendment Rights. Any attempts to silence legitimate political free speech will be met with maximum lawful resistance by this office on behalf of any client of this firm."

 

The original resolution charged Chase with "formenting" the Constitution by taking part in a Jan. 6 Stop The Steal Rally in Washington, an event staged by pro-Trump supporters. The rally, which included a speech by Trump decrying his Nov. 3 loss to Democrat Joe Biden as ripe with still-unsubstantiated voting fraud, devolved into a riot by some rally attendees inside the U.S. Capitol trying to stop certification of the Electoral College vote. Six people died in the violence.

 

Chase spoke during the morning hours of the rally, but was not part of the Capitol rush. Later, she denounced the violence, but defended the rally as a group of "patriots" who were tired of Democrats trying to ram socialist policies through government.

Anonymous ID: c80a7e Feb. 1, 2021, 11:22 a.m. No.12791378   ๐Ÿ—„๏ธ.is ๐Ÿ”—kun   >>1482

>>12791339

She is the leader of the Patriot Movement in Virginia.

 

She announced her candidacy last January, when the newly elected (D) General Assembly began proposing gun legislation. She has been campaigning hardcore ever since. (The media hates her, which tells you exactly how popular she actually is.)

 

She was/is very much the front-runner for the GOP Gubernatorial candidate this year.

 

In response, the Virginia GOP has launched a counter-campaign, shilling a career politician. (Kirk Cox) They have also announced that they will not be holding a public primary to select their candidateโ€“ which is unprecedented.