Attorney General Herring files motion to dismiss Sen. Amanda Chase’s lawsuit

Virginia News

In this Feb. 2, 2021, photo, Virginia Sen. Amanda Chase and Republican gubernatorial candidate, speaks from her desk at the Science Museum of Virginia in Richmond, Va. The national Republican Party is at war with itself, struggling to reconcile a bitter divide between former President Donald Trump’s fierce loyalists and those who want Trumpism purged from their party. Chase is a polarizing state senator who seems to have won the hearts and minds of the Trump faithful with her fiercely anti-establishment, pro-gun positions and her embrace of the false notion that Trump is the legitimate winner of the November election. (AP Photo/Ryan M. Kelly)

RICHMOND, Va. (WRIC/WFXR) — Attorney General Mark Herring announced Monday that he has filed a motion to dismiss Sen. Amanda Chase’s lawsuit seeking to overturn her censure.

The Virginia Senate voted to censure Sen. Chase (R-Chesterfield) on Jan. 27, after over comments she made following the insurrection at the U.S. Capitol. The censure passed the chamber with a 24-9 vote. The gubernatorial hopeful was also stripped of her committee assignments.

In response, Chase filed a federal lawsuit claiming the censure was  “a civil rights violation” and wants it removed from public record. However, the attorney general is arguing that “…the Senate acted entirely consistently with its own rules when considering and approving the resolution of censure.”

In Herring’s motion to dismiss, he said Chase not only participated in the rally that preceded the insurrection of the Capitol, but also refused to condemn the actions that took place, instead praising the people involved.

“[I]n the aftermath of the insurrection, plaintiff repeatedly voiced her support for those who stormed the Capitol, calling them ‘[p]atriots who love their country’ and ‘propagating unfounded claims regarding the nature of the events, the identities of those who took part, and the validity of the presidential election,” Herring said in the filing.

In addition he said a censure is a political proceeding conducted by a legislative body, and thus cannot be resolved in “a public fight in a court of law.”

“As the Supreme Court explained in a similar suit alleging legislative malfeasance, ‘[s]elf-discipline and the voters must be the ultimate reliance for discouraging or correcting [any] abuses,’” Herring said in his motion.

You can read the full motion online here.

Get breaking news, weather, and sports delivered to your smartphone with the WFXR News app available on Apple and Android.

Copyright 2021 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

News tips

Do you have a news tip or breaking news to share with WFXR?  Submit your tip here.

Latest News

More News

News Tip Form