The case against Griffin is unlike most of the Capitol riot prosecutions. He is one of the few riot defendants who isnt accused of entering the Capitol or engaging in any violent or destructive behavior. But legal experts say the ruling in New Mexico is significant nonetheless especially if it holds up. agent who had instigated the mob that day. Sign up for notifications from Insider! 2023 NYP Holdings, Inc. All Rights Reserved, Behind US recruitment woes, Joes risky alternative strategy and other commentary, Pence testifies for 7 hours before Jan. 6 grand jury after Trumps bid to block him fails, Former Rep. Liz Cheney to publish book warning of Trump threat, Capitol rioter who crushed officer with shield gets 7 years, a political committee called Cowboys for Trump. Wearing his signature black cowboy hat, "Cowboys for Trump" founder Couy Griffin arrived Monday at a federal courthouse just blocks from the Capitol to stand trial on charges stemming from his alleged participation in the January 6, 2021, insurrection. By Aila Slisco On 8/9/21 at 9:46 PM EDT. Even after his criminal conviction, Mr. Griffin, a bombastic man who briefly considered riding a horse to his sentencing at the courthouse in Washington, continued to publicly disparage the case and insult the judge who heard it. Magliocca said the issue could arise in a number of ways moving forward and is ripe for the Supreme Court to litigate before Trump might run for and potentially win the presidency in 2024. A judge said Couy Griffin's stated remorse for January 6 conflicted with incendiary public comments. Around that time, Mr. Griffin also took part in an attempt by the Otero County commission to reject certification of a recent local election until voting machines in the county were inspected. Sign up for notifications from Insider! The decision interrupts a string of adverse legal decisions for Griffin, who remains barred from elected office under a judge's decision upheld by the New Mexico Supreme Court in February. Two other defendants have pleaded guilty to brining unregistered firearms in their vehicles. Struck responded "no" as the lawyer asked whether Griffin had destroyed anything, confronted law enforcement, or taken any action that would put someone in fear. Griffin is thinking about running for Catron County sheriff. And he said there was "grave tension" between Griffin's conduct on January 6 and his oath as a county commissioner in New Mexico to protect and defend the Constitution. Soon after he was convicted by a federal judge in March of entering restricted grounds on Jan. 6, 2021, he returned to social media and the airwaves to disparage the case against him, insult the judge and assert that FBI and Team Pelosi were responsible for the attack on the Capitol. The secretary of states office prevailed in a June 2020 arbitration decision that ordered Cowboys for Trump to register as a political committee, file expenditure and contribution reports and pay a fine of $7,800. Couy Griffin, an Otero County commissioner, responded to questioning in court, after watching a video of himself on U.S. Capitol grounds on Jan. 6, 2021. The difference is they didnt then decide to storm the Capitol building.. As a subscriber, you have 10 gift articles to give each month. A month after Griffin's trial, McFadden acquitted a New Mexico engineer of misdemeanor charges. In March, Judge Trevor N. McFadden, presiding at a bench trial in Federal District Court in Washington, found Mr. Griffin guilty of one misdemeanor count of illegally entering a restricted area at the Capitol and acquitted him of another that accused him of disorderly conduct. Federal prosecutors have offered Cowboys for Trump founder Couy Griffin a plea agreement over charges that he . As a strategic matter, Im skeptical that disqualification under Section 3 of the 14th Amendment is the best way or even a productive way to fight back against anti-democratic forces across the country, Hemel said. WASHINGTON A judge in New Mexico on Tuesday ordered a county commissioner convicted of participating in the Jan. 6 riot at the Capitol removed from office under the 14th Amendment, making him the first public official in more than a century to be barred from serving under a constitutional ban on insurrectionists holding office. By clicking Sign up, you agree to receive marketing emails from Insider Some have sought to wield that seldom-invoked provision against members of Congress, without success, and even floated using it against Trump. The Washington Post examined text messages, photos and videos to create a video timeline of what happened on Jan. 6. (Griffin did not immediately respond to a request for comment. He told Griffin, Youre not being sentenced for your beliefs about voting fraud and took aim at those advancing similar claims about fraud nationally. The Associated Press reported the confidential plea agre Griffins marching with the mob all the way to the inaugural stage, knowing the mobs insurrectionary purpose, likewise constitutes an overt act.. In 2019, Griffin forged a group of rodeo acquaintances into the promotional group called Cowboys for Trump, which staged horseback parades to spread President Donald Trumps conservative message about gun rights, immigration controls and abortion restrictions. Griffin said he and fellow commissioners don't see the process as trustworthy. The ruling declared the Jan. 6 assault an insurrection and ordered Mr. Griffin removed from office. Gun rights group, store ask Supreme Court to block city's ban on assault weapons, White House says GOP's debt limit bill would nix 2K border patrol agents, 81K VA health jobs, Russia missile attack on Ukraine injures 25, damages homes, Federal suit demands 'Radical Catholics' doc from FBI, Justice Department, Report: FAA overruled engineers, let Boeing Max keep flying. Do Not Sell or Share My Personal Information. He denies that he did anything that was illegal. News Capitol Riots Donald Trump Republicans. Unlike that trial, which featured felony charges, Griffin was accused only of misdemeanor offenses. They are as mistaken as you are, McFadden said. The 1 I lost I will appeal. "I'm not convinced even a little bit," the judge said. as well as other partner offers and accept our. At the outset of the bench trial, McFadden confirmed that Griffin wanted his verdict decided by a judge rather than a jury. Brent Stirton/Getty. Mar 21, 2022, 9:53 AM Otero County Commissioner Couy Griffin speaks Friday, Jan. 31, 2020, in Santa Fe, N.M., as hundreds of advocates for gun rights rallied at the New Mexico Statehouse. A Trump appointee, McFadden handed down the verdict because Griffin elected for a so-called bench trial, in which a judge rather than a jury reviews evidence and determines guilt or innocence. Griffin responded afterward that he felt he was upholding his oath to make sure that our elections are transparent and legal and that he traveled to Washington to stand and peaceably protest and represent millions of other Americans that feel the same way that I do.. Gift Article. He posted a video of himself to the Cowboys for Trump Facebook page on the following day, bragging that he had "climbed up on the top of the Capitol building" and had a "front row seat" to the riot. But the judge had harsh words for Griffin, who maintained during his sentencing hearing Friday that he was unaware that the grounds outside the Capitol were restricted on January 6. He vowed to return to the Capitol for President Joe Biden's inauguration ceremony on January 20, later promising to bring guns to "embrace my Second Amendment." The text of Section 3 of the 14th Amendment states (key parts bolded): The last time elected officials were disqualified from office using the 14th Amendment appears to be 1869, shortly after the Civil War and the ratification of the 14th Amendment. The ruling made Couy Griffin, a county commissioner in New Mexico, the first official in more than 100 years to be removed under the Constitution's bar on insurrectionists holding office.. Griffin invoked free speech protections in declining to register and disclose donors to Cowboys for Trump, while expressing concern that financial contributors might be harassed. Cowboys for Trump founder Couy Griffin has reportedly been offered a plea deal for charges related to the Jan. 6 attack on the U.S. Capitol. Feb 24 Who is the guy in the blue jacket? , Southern Poverty Law Center 'hate' list suffers legal setback, Secret Service blocks Muslim mayor from White House Eid-al-Fitr celebration, Ryan Webb, Delaware County, Indiana, councilman, mocks left by coming out as lesbian woman of color, Seven bodies found in Henryetta, Oklahoma, during search for two missing teens, U.S. government destroying the dollars value through inflation, Bidens idea of freedom should frighten every liberty-loving American. In 2019, Griffin forged a group of rodeo acquaintances into the promotional group called Cowboys for Trump, which staged horseback parades to spread President Donald Trumps conservative message about gun rights, immigration controls and abortion restrictions. A CNN reporter was left flabbergasted when a man charged with breaching the U.S. Capitol on January 6 said that he was not convinced about the veracity of two of the insurrection's fatalities. Its about protecting donors.. It was a busy week to be covering government in Otero County, as the years-long saga surrounding County Commissioner Couy . Griffins case differs from the others in one crucial way: He was actually part of the crowd that stormed the Capitol and was later convicted of his role. (Griffin is the founder of a group called Cowboys for Trump, which has been promoted by the former president. Stay up to date with what you want to know. Cowboys for Trump cofounder Couy Griffin is confronting a trial by jury on charges that he failed to register a political organization without filing related public financial disclosures. McFadden acquitted Griffin of disorderly conduct but convicted him of the misdemeanor charge of entering a restricted building or grounds. A federal judge found Couy Griffin, a county commissioner from New Mexico and founder of the group "Cowboys For Trump," guilty on one of two counts stemming from the Capitol riot. Griffins disqualification from office is not only retroactive to Jan. 6, 2021; he is also barred for life from holding any civil or military office in the future. Read The Posts analysis about the committees new findings and conclusions. Access your favorite topics in a personalized feed while you're on the go. had a first row seat.". He was arrested and charged upon his return to Washington. A federal judge on Tuesday found Couy Griffin, a founder of Cowboys for Trump and the second January 6 defendant to go on trial as part of the Justice Department's massive prosecution, guilty of . Federal prosecutors have offered Cowboys for Trump founder Couy Griffin a plea agreement over charges that he illegally entered barricades during the deadly riot at the U.S. Capitol on January 6. This just went from being theoretical to being something that is legally recognized and legally possible, said Noah Bookbinder, director of Citizens for Responsibility and Ethics in Washington, a nonpartisan watchdog organization that filed suit against Mr. Griffin on behalf of a group of New Mexico residents. On Jan. 6, Mr. Griffin and a videographer clambered over barricades at the Capitol and made their way onto the inauguration stage in front of the building. Reffitt's trial presented a test for the Justice Department as it undertakes an investigation it has called "unprecedented," and the conviction marked a significant victory in the nearly 800 prosecutions related to the January 6 attack. The judges order grabbed the attention of advocates across the country who have been pushing to use the 14th Amendment to disqualify former President Donald J. Trump and elected officials who worked with him in seeking to overturn the 2020 election from holding office in the future. Nicholas Smith, a lawyer who represented him during his criminal trial, declined to comment. 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During the weeks that Griffin spent in jail following his arrest, he was placed in isolation due to his refusal to take a required COVID-19 test. Griffin, an ardent conspiracy theorist who refused to certify the state's primary election results this summer in Otero County, told CNN he has been ordered to clean out his office and attacked. For the first time since the War of 1812, the U.S. Capitol was breached. SCOTUS Now Just Another Congressional Committee, Trump Ramps up Attacks on DeSantis: 'Dropping Like a Rock', Russian Strikes on Pavlohrad Aim to Hamper Ukraine's Counteroffensive, Greg Abbott Criticized for Response to Texas Shooting: 'A New Low', Democrat Sold First Republic Stock, Bought JP Morgan Before Collapse, Conservative Influencers Struggle With Countering Biden's Messaging. The confidential agreement was offered to Griffin during discussions at a Monday court hearing in Washington, D.C., according to the Associated Press. The dismissed charge against Griffin carried a potential punishment of up to a year in prison and a $1,000 fine. According to a court document, he wrote on Twitter that District Judge Trevor McFaddens PRE written response announcing the verdict was pathetic! Not Couy Griffin, a New Mexico county commissioner and founder of Cowboys for Trump.. Inside the siege: During the rampage, rioters came perilously close to penetrating the inner sanctums of the building while lawmakers were still there, including former vice president Mike Pence. Struck testified that he and Griffin went to the Capitol to find a place to pray. . The judge heard testimony Monday from three government witnesses. Five people died on that day or in the immediate aftermath, and 140 police officers were assaulted. Defense attorney Jonathan Miller portrayed Griffin as just a guy who rides a horse" and tried to do the right thing by registering Cowboys for Trump as a for-profit corporation and notifying donors that they cannot deduct donations from taxes. AP. McFadden said the "vast majority" of Capitol rioters who remained outside the building were "not charged at all," and he suggested that Griffin only faced prosecution if he hadn't "gone to such lengths to publicize his actions.". On Monday, federal prosecutors displayed video footage in McFadden's courtroom showing Griffin climbing a makeshift ramp as he approached the Capitol. A judge said Couy Griffin's stated remorse for January 6 conflicted with incendiary public comments. The trial forced prosecutors to disclose the location of vice president Mike Pence during the riot, over Secret Service objections, to prove that Griffin had entered a restricted area, though he did not enter the Capitol itself. Griffin was previously convicted in federal court of a misdemeanor for entering restricted U.S. Capitol grounds on Jan. 6, without going inside the building. In the same video, Griffin remarked that if pro-Trump rioters were to hold a "2nd Amendment rally on those same steps" it would be "a sad day" because "there's gonna be blood running out of that building. In his decision, Judge Francis J. Mathew of the New Mexico District Court said the insurrection on Jan. 6 included not only the mob violence that unfolded that day, but also the surrounding planning, mobilization and incitement that led to it. Federal prosecutors had pointed out that the secretary of state in New Mexico has asked for a criminal investigation into Griffins actions in refusing to certify the primary election there. Magliocca said the New Mexico decision could reverberate, not just for people like Mastriano, but if Democrats retain control of Congress and want to challenge the seating of certain Republicans tied to Jan. 6. Prosecutors didnt give any opening statements. One was presented by a team of lawyers who showed video clips of Jan. 6, 2021, used testimony from a number of witnesses, and played Griffin's on-the-record statements before and after the event. Regardless, they said the law only requires that Pence was at the complex or "would be" returning to prove that Griffin unlawfully entered a Secret Service-protected area. After his arrest, Griffin was initially ordered held without bond, in part because he said on a video he would return to Washington for the inauguration of Joe Biden and theres going to be blood running out of that building. He was released 20 days later, in part because he might be awaiting trial longer than the maximum six-month misdemeanor sentence he faced. Griffin was sentenced to 14 days in prison but credited for the 20 days he served ahead of trial. They include GOP gubernatorial nominees Doug Mastriano in Pennsylvania and Dan Cox in Maryland, who both organized buses for the Stop the Steal rally. Addressing McFadden on Friday, Griffin said he was "very sorry" for the violence of January 6 and described as "disgraceful" the many assaults on police who were protecting the Capitol. The Justice Department said in charging papers that, following the January 6 insurrection, Griffin recorded a video in which he claimed to have "climbed up on the top of the Capitol building" and stated his intention to return on January 20 the day then-President-elect Joe Biden's inauguration. Couy Griffin serves as District 2 Otero County Commissioner and Otero County Commission Vice Chairman in New Mexico, according to the Alamogordo Daily News. Since Jan. 6, activists have sought to disqualify several members of Congress who supported questioning or overturning the 2020 election results, including Reps. Madison Cawthorn (R-N.C.), Jim Banks (R-Ind.) He later said that he had been attempting to lead them in prayer. Theyve got to resolve the question of Trumps eligibility as soon as possible. Do Not Sell or Share My Personal Information. Also worth weighing here, Hemel noted, is whether disqualification is an appropriate remedy. . After he was sentenced, Mr. Griffin urged reporters to examine a series of debunked conspiracy theories about Jan. 6, including one about an Arizona man who was falsely pegged as an undercover F.B.I. In some ways, Mr. Griffins case was a cleaner win for advocates seeking to punish officials connected to the riot because he was part of the mob that stormed the Capitol, not a lawmaker sitting inside. and Marjorie Taylor Greene (R-Ga.). The board ultimately certified the election on a 2-1 vote with Griffin still voting no based on a gut feeling., 24/7 coverage of breaking news and live events. Griffin, one of three members of the Otero County Commission in southern New Mexico, is among a handful of riot defendants who either held. There, Mr. Griffin spent more than an hour addressing the mob, at times speaking through a bullhorn. WASHINGTON A New Mexico county commissioner who entered the restricted grounds on Jan. 6 was ordered to perform community service and pay a fine Friday, but . In a segment on Anderson Cooper 360, Drew Griffin was recounting his interview with the founder of Cowboys for Trump, Cuoy Griffin, who is also a New Mexico county commissioner. Prosecutors called Matthew Struck, who traveled with Griffin to Washington, DC, and recorded videos of him on January 6. They said Griffin was a politician in his own right who clearly advocated for Trump while the president was a candidate for reelection, and that Griffin also promoted political positions on border enforcement, gun rights, abortion and more. This story has been shared 264,224 times. Griffin was sentenced to 14 days in prison but credited for the 20 days he served ahead of trial. People try to storm the U.S. Capitol on January 6, 2021 in Washington, DC. Prosecutors also pointed to more recent social media posts and statements in which Griffin appeared to mock his March guilty verdict and display a lack of contrition for the Capitol attack, underscoring how January 6 defendants have talked themselves into deeper trouble amid their criminal proceedings. When asked whether he and Griffin had decided it would be "inappropriate" to enter the Capitol building, Struck replied, "I don't think we discussed that.". He is out there, he still believes this stuff. He is scheduled to be sentenced Sept. 30 in Washington. It could have real implications for protecting the country from people associated with the effort to overturn the last election., Section 3 of the 14th Amendment, adopted during Reconstruction to punish members of the Confederacy for taking up arms against their country in the Civil War, declares that no person shall hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath to support the Constitution, had then engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.. Pence remained in the loading dock location for four to five hours and never left the security perimeter before the joint session of Congress resumed on the night of Jan. 6, Hawa testified. Judge Unseats Official Who Trespassed at Capitol on Jan. 6, https://www.nytimes.com/2022/09/06/us/politics/jan-6-griffin-insurrection.html. Derrick Evans, was sentenced to three months in jail this summer for committing civil disorder on Jan. 6. Abbott invoked the immigration status of shooting victims, How Trump made it cool for Republicans to hate their own party, JPMorgans acquisition of First Republic revives too-big-to-fail talk, removed Otero County commissioner Couy Griffin, to disqualify Socialist Rep. Victor Berger in 1919, sought to disqualify several members of Congress. If convicted, Griffin faces up to a year in prison on each of the two charges against him: trespassing and disorderly conduct on restricted Capitol grounds. Griffin already served 20 days in jail upon his arrest last year, so he was released Friday. Now its made even more history: Someone found to have engaged in insurrection that day has been disqualified from office, for what appears to be the first time in 150 years. The day-long trial is also expected to feature video footage of the January 14, 2021 meeting of the Otero County commissioners, where Griffin addressed his involvement in the Capitol attack. The answer to that was yes, as the clip then segued into an interview with Babbitt's brother, Roger Witthoeft who described how close the siblings had been and how he was dealing with her loss. 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But he found that Griffins actions met the standard set forth by the 14th Amendment, citing Griffins violent rhetoric and evidence of his actions at the Capitol. Whether this will ultimately stand up if appealed remains a major question and one that could have far-ranging implications. Separately on Friday, an Indiana man pleaded guilty to carrying a loaded handgun and assaulting police with a stolen baton in the Capitol breach. Griffins attorneys say hundreds if not thousands of other people did exactly what Griffin did on Jan. 6 and havent been charged with any crimes. He said he was leading the group in prayer. In Greenes case, she was forced to testify, but ultimately was not disqualified. Last year, he became the first elected official to be banished from elected office in connection with the attack on the U.S. Capitol building, which disrupted Congress as it was trying to certify President Joe Bidens 2020 election victory. Anyone can read what you share. "I mean, who's to say that was have you seen anything of any of her family?" Couy Griffin, a 48-year-old Republican elected official from Alamogordo, N.M., and founder of a pro-Donald Trump grass-roots group, had challenged U.S. prosecutors to prove Pence's whereabouts. I went with the heart to pray with people, and that's what I did.". He claims he has been selectively prosecuted for his political views. The secretary of states office initially prevailed in a June 2020 arbitration decision that ordered Cowboys for Trump to register as a political committee, file expenditure and contribution reports and pay a fine of $7,800. Griffin is constitutionally disqualified from serving, the judge wrote. An appeals court ruled in May that participants in an insurrection against the U.S. government could be barred from holding office, but the target of that case, Representative Madison Cawthorn, Republican of North Carolina, had already lost his primary, rendering the matter essentially moot. Defense lawyers plan to grill the Secret Service about ex-Vice President Mike Pence's whereabouts. The strikes left 34 people injured, including three children, and caused widespread damage. Why Gov. Top editors give you the stories you want delivered right to your inbox each weekday. The judge said Griffins many defenses were not credible, and nor was his summary of his role on Jan. At his sentencing, Griffin told the judge, I have huge respect for law enforcement and I am a respecter of the system. He said he had been a pastor before entering politics in Otero County. It is unclear when McFadden will hand down his verdict. Reffitts conviction on all charges could give prosecutors more leverage in negotiating plea deals in many other cases or discourage other defendants from going to trial. Success in the latter scenario remains unlikely, especially in the absence of a criminal conviction. Mr. Prosecutors have said that Pence remained at the Capitol complex during the relevant period. On the witness stand, Struck said he used to post videos on his Twitter account "before it was shut down.". Miller, a public defender, said Griffin's intention was to speak boldly and openly about common sense convictions and national pride without yielding to government control through the regulation of nonprofit groups. Reporting and analysis from the Hill and the White House. A key question in Griffins case is whether he entered a restricted area while Pence was still present on Capitol grounds, a prerequisite for the U.S. Secret Service to invoke access restrictions. He took to Twitter, court papers said, and complained that Judge McFadden had issued a PRE written guilty verdict, decrying it as pathetic and adding, I wonder who wrote it?.