Senate Democrats Ask DOJ to Probe Expulsion of Tennessee State Legislators

(L–R) State Reps. Gloria Johnson, Justin Jones, and Justin Pearson arrive at Fisk University in Nashville, Tenn., on April 7, 2023. (Andrew Nelles/The Tennessean via AP)

Congressional Democrats want the Department of Justice (DOJ) to investigate whether the Tennessee legislature violated federal law or the civil rights of two state representatives expelled for their part in March 30 protests in the Tennessee House.

Senate Majority Leader Charles Schumer (D-N.Y.) and Sens. Raphael Warnock (D-Ga.), Christopher Murphy (D-Conn.), Brian Schatz (D-Hawaii), and Alex Padilla (D-Calif.), sent a letter to Attorney General Merrick Garland on April 12, requesting an investigation into the April 7 expulsion of Tennessee State Representatives Justin Jones of Nashville and Justin Pearson of Memphis.

Both men have been reinstated by their respective county and city officials.

State Rep. Gloria Johnson of Knoxville escaped expulsion by one vote.

According to the letter, the three participated in peaceful protests calling for stricter gun control after the March 27 shootings at the Covenant School in Nashville. The letter claims the state cited “minor procedural violations as pretextual excuses to remove democratically-elected representatives.”

Senate Majority Leader Chuck Schumer (D-N.Y.) speaks to reporters after a meeting with President Joe Biden at the U.S. Capitol in Washington on March 2, 2023. (Drew Angerer/Getty Images)

“There are no allegations that these democratically-elected officials engaged in any violent or illegal conduct,” the letter reads.

The letter requests that DOJ investigate the rights of voters in Memphis and Nashville, the cities represented by Pearson and Jones, to be represented by the legislators of their choice were violated. It also requests an investigation into whether Jones and Pearson’s First and Fourteenth Amendment rights were violated.

The Senators set a deadline of Friday, April 28, 2023, for the DOJ response.

The Senators point out that Johnson, who is white, was allowed to retain her seat while the two black representatives were expelled.

Compared to 1966 Julian Bond case

They compared the expulsion to a 1966 Supreme Court case in which the Georgia legislature prevented Julian Bond, a newly-elected black representative, from taking his seat because of his public opposition to the Vietnam War.

The Georgia House decided that Bond’s position on the war would make him unable to adequately uphold the state and federal Constitutions. The Supreme Court ruled that legislators enjoyed the same First Amendment rights as ordinary citizens and that Bond could not be barred because of statements he had made.

“This is un-democratic, un-American, and unacceptable, and the U.S. Department of Justice should investigate whether it was also unconstitutional,” the letter reads.

Trio participated in gun control protest

The trio reportedly led protesters in shouting pro-gun control chants on the floor of the House.

According to the expulsion resolution filed by Republican Reps. Bud Hulsey, Gino Bulso, and Andrew Farmer, the three lawmakers, participated in “disorderly behavior” and “did knowingly and intentionally bring disorder and dishonor to the House of Representatives.”

A former student of the school killed three 9-year-olds and three adults on March 27. The shooter was a 28-year-old woman who reportedly identified as a transgender man and used male pronouns on social media.

Police have not publicly identified a motive for the crime.