Marjorie Taylor Greene may have stepped in it already during her testimony today

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The civil suit aimed at getting Majorie Taylor Greene removed from the ballot on 14th Amendment grounds is a novel one. It explores crucial constitutional questions, making it uniquely important. But because there’s little precedent to work with on this specific matter (even 19th century precedent is murky), it’s difficult to predict how the judge will rule. In the meantime, the most interesting part is that Greene is being forced to testify today – about her actions on January 6th.

While this is merely civil testimony aimed at determining the outcome of a civil suit, her testimony can still be used against her on a criminal level. If she lies in a way that can be proven, that’s perjury. She can plead the fifth in order to dodge a question if she wants, but that’s like holding up a sign that says “DOJ please criminally investigate me with regard to that specific question.” And of course if she screws up and says something that’s either incriminating or just really bad for her, that’s another problem for her.

Greene is still testifying, but it looks like she may have already stepped in it. She testified today that when she encouraged people to participate in January 6th, she was “asking people to come for a peaceful march.” But as Marcy Wheeler pointed out, that march was not legal.

So now we’ve already got Marjorie Taylor Greene confessing under oath that she incited people to participate in an illegal march on the Capitol. This is crucial because if she does end up criminally prosecuted in relation to January 6th, she’ll be stuck with this defense – unless she wants to turn around and claim that she made false statements under oath today. No wonder Greene threw such a public tantrum when she learned she’d have to testify today. She has to thread the needle of not stepping in it politically and not incriminating herself, and she may have failed on both counts already.

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