Republicans Weigh Using 14th Amendment to Ban Mamdani From Office
House Republicans are exploring legal and constitutional strategies to block New York City mayoral-elect Zohran Mamdani from being sworn into office, citing the Constitution’s post–Civil War “insurrection clause.”
The effort,
first reported by the New York Post, is being led in part by the New York Young Republican Club, which argues that Mamdani’s past statements calling to “resist ICE” and his ties to left-wing organizations could qualify as “giving aid or comfort to the enemies” of the United States — language drawn directly from Section 3 of the 14th Amendment.
That provision, enacted in 1868, bars from public office any person who has “engaged in insurrection or rebellion” against the United States, or who has provided “aid or comfort” to its enemies.
The clause was originally intended to prevent former Confederate officials from holding office but has recently re-emerged in political debates over ballot eligibility.
“There is a real and legitimate push to see the insurrectionist Zohran Mamdani either a) removed from the ballot or b) removed from office if he is to win on Tuesday,” said Stefano Forte, president of the New York Young Republican Club.
Several House Republicans are said to be reviewing whether the clause could be enforced through new legislation or congressional action following next week’s election. The idea mirrors the legal arguments used in Colorado last year to try to disqualify former President Donald Trump from the state’s ballot — a move the Supreme Court ultimately overturned, ruling that Congress, not individual states, has the constitutional authority to enforce Section 3.
The Court’s decision has emboldened some GOP lawmakers who believe the ruling effectively places responsibility for such enforcement in the hands of Congress, where Republicans currently hold a narrow 219–213 majority in the House.
According to two congressional aides, Republican leaders may consider holding a post-election vote to declare Mamdani ineligible for office under the clause. Such a measure would face significant procedural and legal hurdles, including a likely filibuster in the Democrat-controlled Senate and near-certain court challenges.
In addition to the potential 14th Amendment challenge, House Republicans are pressuring the Justice Department to review Mamdani’s path to U.S. citizenship, claiming he may have violated the terms of his naturalization oath.
Rep. Andy Ogles (R-TN) sent a letter Monday to Attorney General Pam Bondi, urging her to investigate what he described as “statements inconsistent with the oath of allegiance required of new citizens.” Ogles cited Mamdani’s 2018 naturalization and accused him of “refusal to disavow violent anti-American rhetoric.”
He reiterated those allegations in a post on X, claiming Mamdani “came to the U.S. from Uganda to turn America into an Islamic theocracy.”
In his letter, Ogles argued that Mamdani’s past remarks and political affiliations amount to a “broader pattern of conduct inconsistent with the oath of allegiance.”
He urged the Justice Department to examine whether denaturalization proceedings are warranted, referencing existing immigration law that prohibits membership in communist or totalitarian organizations for new citizens.
Rep. Randy Fine (R-FL) also joined the campaign, accusing Mamdani of omitting material information from his citizenship application, including membership in the Democratic Socialists of America and comments defending the “Holy Land Five,” a group of Palestinian-American leaders convicted in 2008 for funneling money to Hamas.
“New York City falls to communism next week, and they will have nobody but themselves to blame,” Fine wrote on X, referencing the upcoming mayoral election.
Mamdani denied the accusations and said Republican lawmakers are trying to weaponize the law against a political opponent.
“No matter how many times these Republican Congress members or the president of this country calls me a Communist, it doesn’t make it true,” Mamdani said in comments to The Post last weekend.
A Justice Department spokeswoman confirmed receipt of Ogles’ letter but said responses to congressional correspondence have been delayed due to the ongoing government shutdown.
“The Department does not comment on the status of ongoing or potential investigations,” the spokeswoman said.
House fails to adopt Iran war powers resolution
The House on Thursday failed to adopt a war powers resolution that attempted to curtail President Donald Trump's military actions in Iran.
It failed by a vote of 212-219. Republican Reps. Thomas Massie and Warren Davidson bucked GOP leaders by voting in favor; four Democrats voted against the resolution: Reps. Henry Cuellar, Jared Golden, Greg Landsman and Juan Vargas.
The resolution, which only expresses the sentiment of Congress, called on the president to terminate the use of U.S. armed forces in hostilities against Iran or any part of the Iranian government or military unless a declaration of war or authorization to use military force is enacted.
The measure was non-binding and not subject to the president's signature or veto.
Speaker Mike Johnson argued Wednesday that the United States is "not at war" but only engaged in a "defensive operation" in Iran.
“We're not at war right now,” Johnson told reporters at the Capitol. “We're in -- four days into a very specific, clear mission and operation."
Later on Wednesday, Trump contradicted Johnson, repeatedly referring to the conflict in Iran as a "war" hours after Johnson said it wasn't.
Sitting next to Johnson during a roundtable on energy prices, Trump said "we're doing very well on -- on the war front, to put it mildly."
A U.S. Army High Mobility Artillery Rocket Systems (HIMARS) launches from an undisclosed location in support Operation Epic Fury.
US Army
Johnson had said that the "passage of a war powers resolution right now would be a terrible, dangerous idea."
"It would empower our enemies. It would kneecap our own forces, and it would take the ability of the U.S. military and the commander in chief away from completing this critical mission to keep everybody safe," he said Wednesday.
On Wednesday Senate Democrats failed to meet a 51-vote threshold on an alternate Iran war powers resolution sponsored by Democratic Sen. Tim Kaine and Republican Sen. Rand Paul. The resolution failed behind a 47-53 tally.
Ilhan Omar Guest Arrested After Demonstrating During Trump’s SOTU
One of Rep. Ilhan Omar’s invited guests was arrested Tuesday night after demonstrating during President Donald Trump’s State of the Union address, according to U.S. Capitol Police. Aliya M. Rahman, 43, of Minneapolis, was taken into custody after she stood and refused repeated orders to sit down in the House gallery.
“All State of the Union tickets clearly explain that demonstrating is prohibited,” Capitol Police said in a statement. “At approximately 10:07 p.m., a person in the House Gallery started demonstrating during tonight’s State of the Union Address. The guest was told to sit down, but refused to obey our lawful orders,” The New York Times
reported.
“It is illegal to disrupt the Congress and demonstrate in the Congressional Buildings, so 43-year-old Aliya M. Rahman of Minneapolis, Minnesota, was arrested for D.C. Code §10-503.16 — Unlawful Conduct, Disruption of Congress,” the statement added.
Rahman was later issued a citation release, which police described as routine.
Omar, D-Minn., invited Rahman as one of four guests attending the address. The Minnesota Democrat has been critical of Trump’s immigration enforcement policies and previously described Rahman as someone seeking accountability for Immigration and Customs Enforcement.
Rahman made headlines in January after being detained by ICE officers in Minneapolis. Federal officials said she ignored repeated commands to move her vehicle away from an active enforcement scene and interfered with agents. Authorities said she was arrested after refusing to comply and engaging in obstructive conduct.
Rahman and her attorney have disputed that account.
In a statement to Newsweek following Tuesday’s arrest, her attorney, Alexa Van Brunt, said Rahman was targeted.
“Aliya Rahman was targeted at the State of the Union last night,” Van Brunt said. “After standing up in silence during the speech, Aliya was quickly taken away and arrested for ‘unlawful conduct’ and released just before 4 a.m. today. There is nothing unlawful about standing in silence and this is a blatant abuse of power. She was not disruptive or disrespectful. She was not holding a sign, making gestures, or wearing protest gear. She was simply standing in silence.”
Capitol Police said demonstrating of any kind is prohibited inside the chamber during a joint session of Congress.
Rahman previously told MS Now that attending the address felt necessary.
“I almost don’t feel like it was a choice,” she said. “I’m just so painfully aware that what happened to me is a very common experience in this country, except for the part where I got out and I got to come back to my community.”
“Honestly, the emotional toll of it is the reason that I think it’s still important to come be in front of people who are happy this happened to me or think I deserve worse,” she added.
The arrest came as Trump used the address to emphasize border security and immigration enforcement.
Rep. Omar responded to the arrest.
“My guest, Aliya Rahman, stood up silently in the gallery during the president’s speech for a short period of time, part of which other guests were also standing. For that, she was forcibly removed, despite warning officers about her injured shoulders and ultimately charged with ‘Unlawful Conduct,’” she said in a press release on her official website.
“Reports indicate she was aggressively handled until someone intervened to secure medical attention. She was taken to George Washington University Hospital for treatment and later booked at the United States Capitol Police headquarters, the representative said.
“The heavy-handed response to a peaceful guest sends a chilling message about the state of our democracy. I am calling for a full explanation of why this arrest occurred, she said.
