If you haven't had the opportunity to see the video of Senator Colton Moore (R) Trenton,GA
attacked, thrown to the floor and then arrested by 1. A representative of the House speaker, 2. The Geoegia State Police for trying to legally attend the Governor's "State of the State" speech then you must have been distracted.
One of the newest and most glaring examples of bureaucratic overreach that we have seen since president Obama has recently played out in Georgia.
The drama goes back to an issue that Senator Moore came into conflict with the Georgia Republican Caucus about their disinterest in holding a special session to act against DA Fani Willis for indiciting Donald Trump. He was thrown out of the caucus.
Following this event, Moore was under fire from current Speaker of the House Jon Burns for his comments at a joint session of Georgia Lawmakers in which he called the late Speaker of the House, David Ralston, "one of the most corrupt Georgia leaders we'll ever see".
Burns banned Moore from the House chamber to which Moore commented that burns was "a tyrant"
NOTE: attached is an article that details a good bit about Speaker Ralston's legal antics at his primary job. I would think that Moore was, at worst, to late in his roasting of the dear departed.
Emotions were obviously on the simmer when Burns send a message to Moore not to attend the Governor's "State of the State" speech as he would be barred from entry.
Moore replied to Burns (in the same manner you will hear Moore in the video around 4:00)
That he was attending and that Burns had no jurisdiction over him.
The hijinx ensued. (Please watch the above video for the total real time)
LEGALESE:
Here’s a detailed, legally supported explanation with references to relevant laws and rules in Georgia:
Separation of Powers and Jurisdiction
The Georgia Constitution establishes the separation of powers between the branches of government and the distinct roles of the House and Senate. The Speaker of the House has authority over the House chamber and its members but not over the Senate or its members.
Georgia Constitution, Article III, Section IV, Paragraph I: "The Senate shall consist of not more than 56 Senators, and the House of Representatives shall consist of not fewer than 180 Representatives apportioned among representative districts as provided by law." Each chamber is responsible for its members.
Joint Sessions
Joint sessions of the General Assembly, such as the governor's "State of the State" address, are governed by agreements and rules adopted by both the House and Senate. The rules for joint sessions do not give unilateral authority to the Speaker of the House over Senate members.
Georgia Constitution, Article III, Section IV, Paragraph III: This provision allows each chamber to adopt its rules of procedure, and rules for joint sessions must be jointly agreed upon.
Legislative Privilege and Representation
Lawfully elected legislators have the right to represent their constituents without interference. Arbitrary barring of a Senator from participating in a joint session would likely violate principles of representative democracy.
Georgia Constitution, Article I, Section I, Paragraph XII: "The people have the right to petition those vested with the powers of government for a redress of grievances and to assemble peaceably for that purpose." Preventing a Senator from fulfilling their duties could infringe on constituents' rights.
Extraordinary Circumstances
If a member of the legislature is to be barred from participating in legislative activities, it typically requires a vote of the chamber to which they belong or a decision based on clearly defined rules, such as those concerning ethical violations or breaches of decorum.
Official Code of Georgia Annotated (O.C.G.A.) § 28-1-2: "Each house shall judge the election, returns, and qualifications of its own members, and shall have power to punish them for disorderly behavior and, with the concurrence of two-thirds, expel a member." This applies to members of the chamber and not to Senators in the House chamber.
Summary
The Speaker of the House in Georgia lacks unilateral authority to bar a lawfully elected Senator from attending the "State of the State" speech in the House chamber unless there is an extraordinary justification consistent with established rules and procedures. Any such action would need to be supported by specific legislative or constitutional authority, and in its absence, it could face significant legal challenges.
So, we will posit the thought that the Speaker of the House of Georgia acted by inappropriately and illegally as did the staff of the SPeaker's office (who assaulted Moore) and the several officers of the Georgia State Police (who arrested Moore with NO idea of the real laws of the state)
Unfortunately, I think we will see more of these as th "rank and file" swamp RINOs are led out of their comfort zones by the new wave of MAGA politicians. RINOS much like their openly socialist cousins acrosss the aisle will tend to attack when challenged. Let's hope the State of Georgis wishes to be brought into the 21 Century and will take the appropriate steps to punish these flaunters of the law.
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