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.