Stuart pushes resolution charging Pres. Biden with ‘engaging in insurrection,’ calls for ballot removal under the 14th Amendment

By Matthew Young, RealWV

CHARLESTON, W.Va. – Sen. Mike Stuart, R-Kanawha, on Wednesday, introduced a resolution calling for the removal of President Joe Biden from both the primary and general election ballot within the State of West Virginia. 

In the resolution, documented as SCR 28, Stuart cites the situation at the United States’ southern border as evidence of Biden’s participation in an “insurrection,” noting that, “The 14th Amendment of the United States Constitution states that Americans who take an oath to uphold the Constitution, but then engage in insurrection are thereby disqualified from holding future public office.” 

As Stuart’s resolution reads, “President Biden has engaged in an insurrection by refusing to enforce border security in the state of Texas through total and willful disregard of the law and inviting, encouraging, and allowing for illegal immigrants to invade the southern border.”

Stuart further accuses Biden of being “incapacitated based upon his elderly status and memory lapses,” citing the recently-released report from Special Counsel Robert Hur as the basis for his claims. Stuart then goes on to call for the invocation of the 25th Amendment, which would replace Biden with Vice President Kamala Harris.

In a similar move, Attorney General Patrick Morrisey, on Tuesday, released a statement urging Harris to invoke the 25th Amendment, saying, “We need a president who is mentally fit,” a statement which Secretary of State Mac Warner dismissed as a “politically-motivated press release,” while comparing Morrisey to a “carnival barker trying to get attention.”

Warner seemingly took umbrage with Morrisey’s press release for two reasons.

“Every West Virginian knows the one person worse than Joe Biden to be President is Kamala Harris!” Warner said in a written statement of his own. “Kamala Harris is an ultra-liberal who has spent her entire career being pro-abortion, anti-coal, pro-criminal, and supportive of weakening the 2nd Amendment. And still, Patrick Morrisey believes that Kamala Harris is better for West Virginia than Joe Biden? Morrisey is the one who is off his rocker.”

The other issue Warner raised regarding the press release was more grounded in his role as the state’s chief elections officer.

“He (Morrisey) should not be using state employees to prepare and distribute what is clearly a political grandstanding letter and press release,” Warner noted, alluding to the fact that Morrisey’s release came from the Office of the Attorney General, while Warner’s came from his campaign committee. Warner further questioned whether Morrisey’s action “skirts the WV Ethics Act.”

Both Warner and Morrisey, along with two other Republicans, have filed their candidacy to be West Virginia’s next governor, and will square off in May’s Republican primary. And while Stuart is not among the list of Republican gubernatorial candidates, he is challenging State Auditor J.B. McCuskey in a different Republican primary – that being the one to select the nominee to replace Morrisey as Attorney General. 

Stuart was appointed U.S. Attorney in 2018 under former President Donald Trump, a position which he held until he, along with 54 other Trump appointees, was asked to resign by the Biden Administration three years later. Stuart was then elected to the West Virginia State Senate in 2022. 

An ardent supporter of Trump and Florida Governor Ron Desantis, Stuart has been critical of what he deems to be preferential treatment shown toward Biden. In comments made last week on X (formerly Twitter), Stuart wrote, “Trump indicted but Biden is ‘too old and senile.’”

On Tuesday, Stuart again took to X, this time to express his belief that the president should submit to a “qualification review,” as well as his frustration with local media for not reporting on his comments.

“Most media won’t report it because they’re ‘in the bag for Biden,’ but it’s time for a ‘qualification’ review of the person with the nuclear football,” Stuart wrote. “When a former federal prosecutor calls WV eligibility into question, it’s a story.”

Stuart did, however, make news last month when he introduced a bill that would reinstate the death penalty in West Virginia less than two weeks after Senate President Craig Blair, R-Berkeley, stated that he would be introducing a similar bill during the current legislative session. However, Stuart’s bill would only make the murder of a first responder a capital crime, and his proposal has seen no movement through committee. 

After the early withdrawal of Sen. Ryan Weld, R-Brooke, from the Attorney General primary race, only Stuart and McCuskey remain. The most recent campaign finance reports show McCuskey to be well out in front of Stuart in terms of available funding. Primary Election Day in West Virginia is Tuesday, May 14. General Election Day is Tuesday, November 5.

As of Thursday, SCR 28 has been referred to the Senate Judiciary Committee. RealWV will provide updates regarding the resolution should any progress be made. 

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