Election Law

Lawyer fired after posting Capitol riot video sues to block 'illegitimately elected Congress'

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A lawyer who posted video of himself outside the U.S. Capitol during the Jan. 6 riot has filed a lawsuit contending that voting changes made in response to the COVID-19 pandemic resulted in an illegal election and an “illegitimately elected Congress.”

Paul MacNeal Davis, who was fired from his in-house counsel job after posting the video, filed the Jan. 18 lawsuit on behalf of five individuals and the groups Latinos for Trump and Blacks for Trump.

The Texas Lawyer, Above the Law and Thomson Reuters Legal have coverage.

“Plaintiffs’ right to relief in this matter is so simple that a third grader could be taught to understand it,” the suit says.

Defendants include members of the 117th Congress and Mark Zuckerberg, accused of using his authority over Facebook to deny constitutionally protected free speech.

The suit says it is not an election fraud lawsuit seeking to change the declared winner. Rather, it contends that the 117th Congress is illegitimate and its actions are null and void, including its counting of Electoral College votes and the House impeachment of Trump for a second time.

A footnote alludes to lawyers criticized for election fraud litigation.

“This is not a Sidney Powell lawsuit. This is not a Rudy Giuliani lawsuit. This is not a Lin Wood lawsuit. This is not a Team Trump lawsuit. This is not a Republican lawsuit. This is not a Democrat lawsuit,” the first footnote says.

Davis’ co-counsel in the suit is former GOP congressional candidate Kellye SoRelle. Their suit also asks a judge to block their arrests for attending the Capitol protest, absent a showing that they committed an overt act of violence that substantially injured another person.

Davis was fired from his associate general counsel position at Goosehead Insurance in Texas after he posted the Capitol video. He previously worked at Clark Hill and Andrews Kurth, which is now Hunton Andrews Kurth, according to Thomson Reuters Legal.

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