Court upholds trepassing charge applied to many Jan. 6 defendants
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Trump supporters storm the U.S. Capitol on Jan. 6, 2021 in Washington, DC. Photo: Samuel Corum/Getty Images
A federal appeals court on Tuesday upheld the conviction of Cowboys for Trump co-founder Couy Griffin, who challenged his 2022 conviction for trespassing inside the Capitol during the Jan. 6 riot.
Why it matters: The long-awaited decision reaffirms the approach taken by the Department of Justice in prosecuting hundreds of Jan. 6 rioters, many of whom faced the same charge as Griffin.
The big picture: Griffin, a former county commissioner, was the first person in over a century to be removed from public office under the 14th Amendment — the clause the Supreme Court ruled that states couldn't use to bar former President Trump from the primary ballot.
- Earlier this year, the Supreme Court declined a separate appeal from Griffin regarding his disqualification from public office in New Mexico over his role in the insurrection.
Zoom in: Griffin, who was convicted for entering a restricted area that was designated as such "due to the presence of a Secret Service protectee," argued he couldn't have "knowingly entered" the area since he didn't know the reason it was restricted to protect a person under the agency's guard.
- But the District of Columbia Circuit Court of Appeals panel affirmed 2-1 that the rioters didn't have to know the Secret Service was protecting then-Vice President Mike Pence when they breached the area.
- "The basis of the Secret Service's authority to prevent access to designated areas ... need not be in the mind of the trespasser," the opinion states.
Yes, but: Judge Gregory Katsas dissented from the opinions of his fellow judges Cornelia Pillard and Judith Rogers, opening the door for an appeal.
- In his writing, Katsas wrote that such a broad reading of the federal law at question in the case would allow minor infractions to be prosecuted as federal crimes.
- "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,'" he wrote.
Context: Griffin was convicted in 2022 for breaching the Capitol, and was sentenced to 14 days in jail but given credit for time served.
- The former Republican official from Tularosa, New Mexico was disqualified from ever serving in public office again because he participated in the insurrection.
- He survived a recall petition campaign in September 2021.
Go deeper: Supreme Court lets Cowboys for Trump co-founder's "insurrectionist" ban stand
