Social Media Review

This review lists public social media posts from Members of the U.S. House of Representatives who were sworn-in to office in January 2021 and who voted to overturn the 2020 presidential election.

Mobile users are advised to use linked PDFs (full or state-by-state).

Foreword by Rep. Lofgren

On January 6, 2021, both chambers of Congress convened in a joint session for what should have been a demonstration of a fundamental feature of our democracy: the peaceful transition of power. Instead, domestic terrorists attacked the U.S. Capitol, and January 6th will now forever be remembered as one of the darkest days in our nation’s history.

I have deep concerns about the behavior of former President Trump and the actions he took which incited and encouraged the domestic terrorists who attacked the Capitol. I agree with the bipartisan and historic majorities in the House and Senate which concluded that it was both constitutional and necessary to impeach and convict former President Trump for those actions, including his false statements, and to disqualify him from holding future office. The Article of Impeachment expressly discussed the prohibition of Section 3 of the 14th Amendment to the Constitution on any person who has “engaged in insurrection or rebellion against” the United States from “hold[ing] any office … under the United States.”

Like former President Trump, any elected Member of Congress who aided and abetted the insurrection or incited the attack seriously threatened our democratic government. They would have betrayed their oath of office and would be implicated in the same constitutional provision cited in the Article of Impeachment. That provision prohibits any person who has previously taken an oath as a member of Congress to support the Constitution but subsequently engaged in insurrection or rebellion from serving in Congress.

This is my fourteenth term representing most of the City of San Jose and Santa Clara County in Congress. I have been serving as a Member of the House Judiciary Committee since 1995, I served as Chair of the House Committee on Standards of Official Conduct (now named the House Ethics Committee) from 2009 to 2011, and I am the current Chair of the Committee on House Administration. I also participated, either as a Member or as staff, in all four modern presidential impeachment proceedings. As a Member, I participated in three of the four proceedings in our nation’s history in which a President was impeached. I have participated in congressional proceedings to consider the removal of officials in all three branches of the federal government, including serving as an Impeachment Manager in the Senate trial for former President Trump’s first impeachment; serving as an Impeachment Manager in the Senate trial for former federal Judge G. Thomas Porteous, Jr., who was convicted and removed from office; and helping to lead the investigation of and subsequent debate in expulsion proceedings of former Representative James Traficant, the only Member of the House to be expelled in the last 40 years. In view of this experience, colleagues and constituents alike have asked my opinion about possible recourse for and appropriate action regarding Members’ involvement in the January 6th attempt to overthrow the lawful government of the United States.

Some have asked about the criteria related to expulsion where there are violations of the 14th Amendment provisions related to insurrection. Although scholars can disagree, from reading the Constitution, it appears that a two-thirds vote of the U.S. House of Representatives would be required, if it were determined that a Member(s) violated the 14th Amendment’s prohibition of the support of insurrection. In addition to the 14th Amendment, Congress has broad and express authority under Article I to “punish its Members for disorderly Behaviour.” More research on this question is warranted. Additionally, actions that incited, encouraged, and/or coordinated the attack on the Capitol – which among other things delayed Congress from completing its constitutional responsibilities with respect to the Electoral College – could also violate a number of criminal statutes, although the decision about whether to file such charges is outside the purview of Congress.

Any appropriate disciplinary action is a matter not only of the Constitution and law, but also of fact. Many of former President Trump’s false statements were made in very public settings. Had Members made similar public statements in the weeks and months before the January 6th attack?

Statements which are readily available in the public arena may be part of any consideration of Congress’ constitutional prerogatives and responsibilities. Accordingly, I asked my staff to take a quick look at public social media posts of Members who voted to overturn the 2020 presidential election. Below is the social media review they shared with me, and I am now sharing it with you.

Zoe Lofgren
Member of Congress

Methodology & Notes

Inclusion Parameters

This review lists public social media posts from Members of the U.S. House of Representatives who were sworn-in to office in January 2021 and who voted to overturn the 2020 presidential election.

This review includes public social media posts relevant to assessing the potential of Congress’ constitutional prerogatives and responsibilities, including actions pursuant to the 14th Amendment and/or House rules. This includes posts directly related to the violence on January 6, 2021 and claims regarding the legitimacy of the 2020 presidential election, as well as posts indirectly related to the lead-up to the insurrection or post-mortem thereof, including the second impeachment of former President Trump and efforts or proposals to invoke the 25th Amendment. Some indirect posts are listed because of how they fit in to a larger related narrative. Additionally, posts about censorship, 2020 riots, Russian collusion, and other topics are listed if they are used as false equivalencies or attempted misinformation.

This review is representative, but not exhaustive. There may be some posts included or omitted that are similar in nature and tenor despite efforts to use identical parameters when listing content. The severity and tone of the posts listed vary, and not all posts included implicate questions under the 14th Amendment and/or House rules. Active public accounts were searched if they contained posts related to the set of facts described above. If identical or near-identical content was posted on multiple mediums and/or accounts, it was only included in the review once.

Members are listed in alphabetical order by state delegation and name, and the posts themselves are listed in chronological order.

Some sitting Members of the U.S. House of Representatives who voted to overturn the 2020 presidential election are not listed at all. Reasons a Member is not listed in the review may include:

- they did not post on social media at all during the observed time frame, or
- they did not post related content on social media during the observed time frame.

There are a few posts included that are about a sitting Member of Congress, posted by a member of the media. These infrequent inclusions are part of this document because of their relevance, severity, and/or prevalence in the social media landscape.

This review only includes publicly available social media content on selected publicly accessible platforms and does not reflect the entirety of a sitting Members' conduct related to the attack on January 6, 2021, and/or claims regarding the legitimacy of the 2020 presidential election.

Time Frame

This review is generally limited to public social media content posted between November 3, 2020 and January 31, 2021. A few posts from sitting Members of Congress or reporters that fall outside that nearly-three-month time frame and are still listed because the content is acutely related to the 2020 presidential election and/or the violence that occurred on January 6, 2021 in the nation’s capital.

Miscellaneous

Almost all posts have a corresponding, active hyperlink. A few screenshots that showcase posts that are no longer readily available are included, and that is noted in the review as appropriate.

For video and audio content, the quotes are full or partial verbatim transcriptions. For linked statements and articles, screenshots are pulled directly from the original content, and any/all added highlights are noted. Not all external post links are expanded upon, particularly if the text in the Member’s post or the external content’s headline summarizes the main message.

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State-by-State

Click on the state's name to jump to the embedded social media review for Members of the U.S. House of Representatives who voted to overturn the 2020 presidential election from that state.

ALABAMA

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ARIZONA

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ARKANSAS

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CALIFORNIA

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GEORGIA

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IDAHO

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INDIANA

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LOUISIANA

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MICHIGAN

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MINNESOTA

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MISSISSIPPI

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MISSOURI

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MONTANA

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NEBRASKA

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NEW MEXICO

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NEW YORK

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NORTH CAROLINA

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OHIO

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OKLAHOMA

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OREGON

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TENNESSEE

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TEXAS

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UTAH

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VIRGINIA

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WEST VIRGINIA

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WISCONSIN

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