Lawsuit Seeks to Remove Pennsylvania Representative from Ballot Due to Constitution’s Insurrection Clause Linked to Trump

Once a key figure in Trump’s inner circle involved in plans to overturn the 2020 election, Republican U.S. Rep. Scott Perry’s past endeavors are now jeopardizing his ambition for a seventh term, 

Legal Woes Begin

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A Pennsylvania court received a request from a liberal activist on Tuesday, seeking to disqualify U.S. Rep. Scott Perry from the state’s primary ballot over his attempts to maintain Donald Trump in power and obstruct Joe Biden’s transition to power.

Involvement in Election Drama

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In a detailed seven-page legal document, activist Gene Stilp has petitioned the Commonwealth Court of Pennsylvania to affirm Perry’s involvement in insurrectionist acts, thereby barring him from public office as per the Constitution’s insurrection clause.

The suit, initiated by activist Gene Stilp, names both Perry and Pennsylvania’s Secretary of State, Al Schmidt.

Court to Decide Perry’s Fate

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The lawsuit echoes similar legal actions against former President Trump in various states. Notably, Colorado’s state Supreme Court removed Trump from the ballot last month.

Supreme Court Showdown Expected

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Trump’s legal team has announced plans to appeal, with expectations that the decision will ultimately be escalated to the U.S. Supreme Court for a groundbreaking ruling.

Political Future on Line

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While candidates haven’t yet started filing the necessary documents, Republican Rep. Perry is anticipated to enter the race for his seventh term in the upcoming April 23 primary in Pennsylvania.

Election Fraud Allegations

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A key point in the filing refers to Perry’s attempt to involve the Department of Justice in delaying the election certification. He aimed to appoint an acting attorney general sympathetic to Trump’s baseless allegations of election fraud.

Federal Inquiry Looms

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Perry’s endeavors to promote Jeffrey Clark as Trump’s acting attorney general, presumably to overturn the Department of Justice’s assertion of no significant voting fraud, have placed him under the scrutiny of federal prosecutors.

Constitutional Violation Claims

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Stilp contends that Perry’s efforts to overturn Pennsylvania’s election certification and his role in Trump’s fraudulent elector strategy qualify as insurrection under the U.S. Constitution.

Article 3 of the 14th Amendment prohibits insurrectionists from holding public office.

A Top Trump Ally

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Perry, representing Dauphin County along with parts of Cumberland and York Counties,  was a key figure in Trump’s circle aiming to reverse the 2020 election outcome. He notably took to the White House to argue against Pennsylvania’s electoral votes just hours after the Jan. 6, attack.

Uncharged but Under Legal Eye

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Perry remains uncharged regarding both the Jan. 6 incident and the efforts to reverse the election outcomes. However, Stilp points out in the lawsuit that the Constitution doesn’t mandate a formal insurrection conviction for disqualification from the ballot.

Insurrection Can Be Nonviolent

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“It is not necessary for an insurrection to be violent and have people taking over buildings,” Stilp stated. 

“Attempts at insurrection can be nonviolent and quietly orchestrated as in the attempt to overturn the certification process using false certification certificates from false sets of electors. Actions of insurrection and support of insurrections bring down the full force of the Fourteenth Amendment, Section Three.”

“Illegitimate Dody”

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Perry declined an interview with the House committee probing the Jan. 6 attack, dismissing it as an “illegitimate body.” A former Trump White House staffer testified before the committee, claiming Perry had discussed seeking a presidential pardon post-Jan. 6 attack.

Perry denied all allegations. 

Cellphone Taken By FBI

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While Perry faces no criminal charges, he is notably the only current Congress member to have his cellphone taken by the FBI, as part of their probe into illegal attempts to reverse the 2020 presidential election results.

1,600 Messages Turned Over to FBI

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Despite Perry’s efforts to block federal investigators from accessing his cell phone texts and emails, a recent judicial ruling required him to submit over 1,600 messages to the FBI. His lawyer confirmed that Perry chose not to appeal this decision.

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