Jan. 6 riot conviction of 'Cowboys for Trump' founder upheld in precedent-setting case
The federal appeals court in Washington, D.C., on Tuesday upheld the conviction of the Cowboys for Trump founder who entered the restricted area of the U.S. Capitol on Jan. 6, 2021, saying rioters didn맥스카지노t have to know the Secret Service was protecting then-Vice President Mike Pence inside when they breached the area.
The case is among a handful that tested the foundational approach the Justice Department took to prosecute hundreds of Capitol rioters, and the decision has been long-awaited since it was argued last December by those handling cases coming through the D.C. federal court.
It also strengthens federal protection the Secret Service can offer, by defining more clearly the law around trespassing in areas where public officials are being protected.
맥스카지노The basis of the Secret Service맥스카지노s authority to prevent access to designated areas for the safety of its protectees 맥스카지노 need not be in the mind of the trespasser,맥스카지노 D.C. Circuit Judge Nina Pillard wrote in the opinion Tuesday.
The unsuccessful challenge to the law was brought by Couy Griffin, a New Mexico local official who organized a group called Cowboys for Trump, who jumped a stone wall outside the Capitol to board the inauguration stage. Griffin was convicted of two misdemeanors, including the trespassing charge, and was sentenced to 14 days in jail and a year of supervised release.
맥스카지노In [Griffin맥스카지노s] view, the statute also requires proof that he knew why the Capitol grounds were so restricted when he entered or remained there 맥스카지노i.e. that a Secret Service protect was or would be temporarily visiting the Capitol grounds. We decline to adopt such a rule,맥스카지노 Pillard wrote in the 2-1 opinion. 맥스카지노Griffin맥스카지노s approach would surely hinder the Secret Service맥스카지노s capacity to handle the full range of potential threats.맥스카지노
It맥스카지노s possible Griffin will continue to fight his trespass charge with further appeals, including potentially to the U.S. Supreme Court, which has shown interest in reinterpreting the law around the Capitol riot.
Griffin previously asked the Supreme Court to hear a different legal challenge he brought related to Jan. 6, following his removal from an elected public office. A judge jettisoned Griffin from his role as a New Mexico county commissioner, and the high court declined to hear his case seeking reinstatement.
An attorney for Griffin from the federal public defender service didn맥스카지노t immediately respond to CNN맥스카지노s request for comment.
Trump appointee dissents
The three-judge panel had one dissenter, Judge Greg Katsas, a Trump appointee. Judge Judith Rogers, a Clinton appointee, sided with Pillard, an Obama appointee, in the majority opinion.
In his dissent, Katsas said he believed prosecutors should have had to prove Griffin knew the seriousness of the protected area where he was trespassing and that Pence could be there, in addition to proving that he knew he was crossing into a prohibited area.
맥스카지노Needless 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 맥스카지노posted, cordoned off, or otherwise restricted,맥스카지노맥스카지노 Katsas wrote.
맥스카지노Trespassers unaware that someone like the President or Vice President is present are much less likely to pose a threat to those officials than are individual who knowingly trespass into an area restricted to protect them,맥스카지노 the judge added.
Katsas noted that among the 470 trespassing convictions of January 6 rioters that prosecutors have secured, trial court judges in D.C. split on how much those rioters had to know of Pence맥스카지노s presence at the Capitol.
