Couy Griffin, the leader of Cowboys for Trump, was reportedly arrested and charged with taking part in the January 6, 2021, Capitol riot and sentenced to 14 days in prison. He was given a 20-day credit for his pretrial detention days, so he did not have to spend more days in prison. The sentencing was a $3,000 fine and a year of probation.
The former New Mexico county commissioner became a notable figure after the riots. The federal appeals court in Washington, DC, on Tuesday, October 22, 2024, affirmed the conviction, arguing that rioters did not have to know that then-Vice President Mike Pence was being protected by the Secret Service inside the building when the area was stormed, CNN learned.
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Background
Couy Griffin was Otero County, New Mexico's county commissioner from 2019 to September 2022, when he was reportedly removed under the Insurrection Clause of the Fourteenth Amendment for his participation in the Capitol riot. Despite holding such an important position, he is perhaps best known for establishing Cowboys for Trump, a political action committee that organizes pro-Trump protests.
Griffin’s political career was reportedly probed over misconduct allegations, missing meetings, and using county resources for his organizations. However, he was quite active in public until he got involved with the events on January 6, 2021, attracting legal consequences.
Conviction and Sentencing
On March 23, 2022, Griffin was allegedly found guilty of trespassing in the prohibited area within the Capitol Building but wasn’t convicted of disorderly conduct. The case was presided over by Judge Trevor McFadden, who said that Griffin crossed into prohibited areas when Mike Pence was inside the Capitol building.
Sentencing Details
While handing the sentence, Judge McFadden called the actions of the attackers of January 6 a "national embarrassment." Still, he was also mindful of the fact that Griffin was "minimal end of criminality" because he did not storm the Capitol.
Even though Griffin claimed to show remorse, Judge McFadden dismissed any possibility of sincerity from him, suggesting that there were discrepancies between the things that Griffin said in public and the things he said in his attempt at showing regret. The judge also noted that Griffin was "probably your own worst enemy here," suggesting that whatever remorse Griffin appeared to have in him was overturned by the negative comments he issued to the public domain.
Appeals Court Ruling
On October 22, 2024, the federal appeals court affirmed the jury’s verdict that convicted Griffin. The court reportedly said that the prosecution did not need to show that Griffin knew that VP Pence was at the Capitol or the reasons for the restrictions. A CNN report also highlighted that under federal law, merely trespassing in restricted areas is enough to warrant charges.
“The basis of the Secret Service’s authority to prevent access to designated areas for the safety of its protectees … need not be in the mind of the trespasser,” DC Circuit Judge Nina Pillard was quoted by CNN.
According to the majority opinion of Judge Nina Pillard and Judge Judith Rogers, it will only tie the hands of law enforcement agents protecting officials and other citizens while enabling the defendants to seek to overturn their conviction solely based on their perception of restrictions, the media outlet reported.
Dissenting Opinion
A dissenting opinion came from Judge Greg Katsas, a Trump appointee, who said that more should have been expected from the prosecutor to prove that Griffin did know that it was unlawful for him to cross the barrier.
“Needless to say, a trespass that threatens the life or safety of the President or Vice President is substantially more culpable than a simple trespass consisting of nothing more than knowingly entering an area ‘posted, cordoned off, or otherwise restricted,’” CNN quoted him saying.
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