10-22-2024 7:54pm

US Court of Appeals Rules Against Couy Griffin, Griffin Interviewed

Chris Edwards Editor

The United States Court of Appeals dealt a blow to former Otero County Commissioner Couy Griffin in ruling against his appeal concerning his participation in the January 6th insurrection event at the nation's capitol.

A federal court of appeals on Tuesday denied a prominent Jan. 6 defendant’s effort to overturn his misdemeanor trespass conviction. The Washington, D.C. federal court of appeals upheld the conviction of the Cowboys for Trump group founder on Tuesday in a precedent-setting decision.

On March 2022, Couy Griffin, the founder of “Cowboys for Trump” and a former New Mexico county commissioner, was convicted on one count of entering a restricted area on the Capitol grounds and acquitted on one count of disorderly and disruptive conduct in a restricted building. The bench trial was overseen by Donald Trump-appointed U.S. District Judge Trevor McFadden.

On the day of the riot, Griffin made his way into a restricted area that had been cordoned off and closed to the public in order to protect then-Vice President Mike Pence as he waited to oversee vote tallies.

In determining the defendant’s guilt, the lower court judge said Griffin “certainly knew he shouldn’t be there” and “yet, he remained.”

Griffin said his actions should be reasonably viewed as innocent because the Capitol grounds are typically open to the public, and earlier rioters had dispensed with various law enforcement barriers and signage indicating the area had been restricted.

That argument did not go over well with the majority.

“Under his reading, a defendant would be entitled to acquittal so long as he waited until a sufficiently strong gust of wind, a soaking downpour — or even a less scrupulous prior intruder — disposed of law enforcement tape, fencing, or signage before he entered a sensitive area in full awareness he was not lawfully authorized to do so,” the opinion reads. “We decline to read the statute to allow a mob to de-restrict an officially restricted area encompassing persons under Secret Service protection.”

The court explained its reasoning, at length which can be found in the linked ruling.

“We hold that knowingly breaching the restricted area suffices, even without knowing the basis of the restriction—here, the presence of Vice President Pence at the Capitol on January 6,” the opinion by Circuit Judge Nina Pillard reads. “Congress intended to criminalize trespasses endangering Secret Service protectees regardless of the trespasser’s awareness of the basis for Congress’s authority to regulate them. And a contrary interpretation would impair the Secret Service’s ability to protect its charges.”

It’s possible Griffin continues to fight his trespass charge with further appeals, including potentially to the US Supreme Court, which has shown interest in reinterpreting the law around the Capitol riot.

The future of the legal dispute over the trespassing statute may depend on the outcome of the presidential election set to take place in two weeks. Former President Donald Trump has said that if he wins he will issue pardons to some or all of the Jan. 6 defendants, whom he contends were persecuted by the Justice Department.

A lawyer for Griffin and spokespeople for the Justice Department did not immediately respond to requests for comment on the decision, which came more than two years after Griffin appealed and more than 10 months after the case was argued at the D.C. Circuit. AlamogordoTownNews.org streaming radio edition with Anthony Lucero interviewed Couy Griffin which can be heard per the link below.

https://youtu.be/wxDCmENeOIE?si=E4uiNvCoLMWPZm5e