Congressman Plans to Block Democratic Socialist from Taking Seat

Rep. Tim Burchett, a Republican from Tennessee, has announced his intention to prevent New York’s Democratic Socialist candidate Darializa Avila Chevalier from being seated in Congress if she wins the election on November 3. His reasoning centers around a now-resurfaced social media post in which she mentioned using the American flag as a napkin.

Burchett stated to a news outlet that he plans to act when the new Congress starts in January, intending to leverage a simple-majority vote to stop the newly elected representatives from being sworn in before taking their oaths of office.

The Tennessee congressman believes her comments disqualify her from serving. He expressed, “To take an oath to uphold the Constitution and then essentially disavow it – I think that signals we’ve lost our way.”

He also highlighted how the flag remark personally impacts him, noting his family’s military history. His father served as a Marine in World War II, while his uncle Roy Hicks was injured shortly after D-Day in combat. Burchett keeps the flag that adorned Hicks’ casket in his office as a poignant reminder.

“I look at this 48-star flag that was on my uncle’s casket. He fought the Nazis, and now I see someone gearing up to step into Congress who said they used that flag like a napkin,” he remarked.

Burchett affirmed he would pursue this motion regardless of whether Republicans maintain the House majority or fall into the minority. He recently traveled with former President Donald Trump to Tennessee on Air Force One.

Chevalier, who is up against Republican Jomo M. Williams in the upcoming election, made the controversial statement in a December 2019 post on X, which she later deleted. She acknowledged regret over her words, saying, “I forgot to get napkins so I just wiped my hand on the American flag behind me.”

This 32-year-old candidate recently won a primary against long-serving Rep. Adriano Espaillat for the 13th Congressional District, which includes parts of northern Manhattan and the western Bronx, with backing from New York Mayor Zohran Mamdani. Chevalier co-founded a group that had once called for the “total eradication of Western civilization” and previously managed an account that promoted communist and Marxist ideas. When asked about her political stance, she clarified, “I’m not [a communist]. I’m a democratic socialist.”

However, Burchett’s plan to block her from taking her seat seems to face significant challenges. GOP operative John Feehery, a former aide in House leadership, pointed out that the House would become unmanageable if it operated under such a standard.

“If we refused to seat people in Congress based on things they’ve said that we disagree with, then no one would be able to take a seat,” Feehery commented.

Ultimately, the Constitution grants each chamber the authority to judge the elections and qualifications of its members. Historical precedent includes a 1969 Supreme Court ruling that determined the House had overstepped its bounds in excluding Rep. Adam Clayton Powell, who had been duly elected and met the criteria for office.