REFERENCE TITLE: Mark Finchem; expulsion

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

HR 2006

Introduced by

Representatives Salman: Andrade, Bolding, Butler, Cano, Chávez, Dalessandro, Epstein, Fernandez, Friese, Hernandez D, Hernandez M, Jermaine, Longdon, Meza, Pawlik, Powers Hannley, Rodriguez, Schwiebert, Sierra, Stahl Hamilton, Terán, Tsosie

A RESOLUTION

expelling mark finchem from the Arizona house of representatives.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Whereas, on Wednesday, January 6, 2021, an armed mob of domestic enemies attacked the United States Capitol building with the intent to violently disrupt the certification of the electoral college vote; and

Whereas, the mob threatened to harm and kill elected members of Congress, the Vice President of the United States and Capitol staff, menaced and intimidated media professionals, stole classified materials, destroyed federal property and compromised national security; and

Whereas, this attempted insurrection caused the deaths of five people, including a United States Capitol Police officer who was beaten with a fire extinguisher, and caused injuries to more than 50 other police officers; and

Whereas, members of the mob came prepared for violence, wearing military gear and carrying police and military tactical equipment, two-way radios, bear mace and zip tie restraints, indicating advance planning and coordination; and

Whereas, pipe bombs were planted in front of the Republican National Committee and Democratic National Committee Headquarters just minutes before the invasion on the Capitol began; and

Whereas, a red pickup truck with firearms, Molotov cocktails and homemade napalm bombs was discovered near the Capitol on the day of the attack; and

Whereas, the domestic terrorists, with ties to extreme far-right anti-government, neo-Nazi and white supremacist groups, brought the Confederate flag into the Capitol for the first time ever, a traitorous act of betrayal to the United States of America; and

Whereas, Ali Alexander, one of the main organizers behind the attempted coup, traveled around the country recruiting leaders, spreading lies about the election and encouraging violence, including stating on December 25, 2020, "I am the last stop before the civil war"; and

Whereas, the insurrection's organizers and supporters included state and national elected officials, who publicly incited, promoted and applauded the individuals who illegally stormed the Capitol building; and

Whereas, Mr. Alexander has directly implicated Representative Mark Finchem of Arizona's Legislative District 11 as crucial to growing support for an insurrection; and

Whereas, on November 30, 2020, Representative Finchem abused the privilege of his office by holding a sham hearing that produced no credible evidence to justify overthrowing the will of 3.4 million voters in Arizona by elevating falsehoods, conspiracies and lies about the integrity of the presidential election in this state; and

Whereas, Mr. Alexander held a rally at the Arizona State Capitol on December 19, 2020 where he publicly advocated for violence absent the overthrowing of the results of a fair and free election, including chanting, "1776 is always an option"; and

Whereas, Representative Mark Finchem promoted and spoke at the Arizona rally on December 19, using a quote out of context by former President Abraham Lincoln, that was later invoked by the January 6 domestic terrorists; and

Whereas, Representative Finchem at the same rally praised Congressman Paul Gosar, whom Mr. Alexander has also implicated in the planning of the attack and whose very own brother has accused him of treason, in the movement to overturn the election; and

Whereas, on January 3, 2021, Representative Finchem promoted the insurrection on the Capitol via social media and called for others to join; and

Whereas, on the eve of the insurrection, Representative Finchem promoted and participated in a rally where Mr. Alexander incited the crowd to chant "victory or death" and then stated, "we're starting a rebellion against the deep state"; and

Whereas, on January 6, 2021, Representative Finchem participated in the march, publishing a photo from the United States Capitol steps as it coalesced into a violent mob; and

Whereas, since at least 2014, Representative Finchem has been a member of the Oath Keepers, a far-right group with a well-documented history of domestic terrorism and violence against the government, and whose founder threatened to hang Arizona's former United States Senator John McCain in 2015; and

Whereas, one of the leaders of the Oath Keepers has been charged by federal prosecutors with conspiracy for plotting the attack on the Capitol at least five days before the insurrection, and members of the group participated in the riot at the Capitol on January 6; and

Whereas, Representative Finchem has failed to denounce these domestic enemies, and further, has sought to conceal the consequences of his actions by promoting a baseless conspiracy blaming leftists that has been disproven by federal law enforcement agencies, further gaslighting the public; and

Whereas, Representative Finchem has a documented history of pushing conspiracies that blame the left for violence by white nationalists, including deflecting blame for neo-Nazi violence at the Unite the Right rally in Charlottesville in 2017 that resulted in one death and several injuries; and

Whereas, Representative Finchem participated in, advocated for and solicited others to join the march on the United States Capitol that disrupted the certification of the Electoral College vote, threatened the democratic process and placed elected officials, staff and law enforcement officers at risk; and

Whereas, each elected member of the Arizona House of Representatives takes an oath to defend the laws and Constitutions of the United States and the State of Arizona against all enemies, foreign and domestic; and

Whereas, an elected official who advocates for the overthrow of the government of this nation or state or of any of its political subdivisions by force, violence or terrorism shall be discharged from office and guilty of a felony; and

Whereas, an elected official who commits or aids in the commission of any act to overthrow the government of this nation or state or of any of its political subdivisions by force, violence or terrorism shall be discharged from office and guilty of a felony; and

Whereas, section 3 of the 14th Amendment of the United States Constitution bars from public office any individual who commits insurrection and rebellion.

Therefore

Be it resolved by the House of Representatives of the State of Arizona:

1. That the Members of the House of Representatives find Representative Mark Finchem's conduct to be dishonorable and unbecoming of a Member of the House of Representatives.

2. That the Members of the House of Representatives find Representative Mark Finchem's conduct to have undermined the public's confidence in this institution and to have violated the order and decorum necessary to complete the peoples' work in the State of Arizona.

3. That the Members of the House of Representatives, in the exercise of the power granted to the House of Representatives by Article IV, part 2, section 11, Constitution of Arizona, condemn any person who participated in, encouraged and incited the events of January 6, 2021, and with concurrence of two-thirds of the Members of the House of Representatives, hereby expel Representative Mark Finchem.

4. That the Members of the House of Representatives proclaim the seat of the Member of the House of Representatives for Legislative District 11, formerly occupied by Mark Finchem, to now be vacant.