A federal appeals court in Washington, DC, has upheld the conviction of Couy Griffin, the founder of Cowboys for Trump, for his actions during the January 6, 2021, Capitol riot. The court ruled that rioters did not need to be aware that the Secret Service was protecting then-Vice President Mike Pence when they breached restricted areas of the Capitol.
This decision marks a significant moment in the legal proceedings surrounding the January 6 attack, reinforcing the Justice Department’s approach to prosecuting the numerous individuals involved in the violent insurrection. The ruling clarifies the legal boundaries of trespassing in areas where public officials are safeguarded, enhancing the Secret Service’s authority.
In her opinion, DC Circuit Judge Nina Pillard emphasized that the necessity for the Secret Service to restrict access for the safety of its protectees does not require the trespasser to understand those security measures.
“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,” Pillard stated.
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Griffin, who is also a local official from New Mexico, had previously jumped a stone wall to reach the inauguration stage at the Capitol. He was convicted of two misdemeanors, including trespassing, resulting in a 14-day jail sentence and one year of supervised release.
“In [Griffin’s] view, the statute also requires proof that he knew why the Capitol grounds were so restricted when he entered or remained there —i.e. that a Secret Service protect was or would be temporarily visiting the Capitol grounds. We decline to adopt such a rule,” Pillard wrote in the 2-1 opinion. “Griffin’s approach would surely hinder the Secret Service’s capacity to handle the full range of potential threats.”
Griffin argued that the law should require proof that he knew the reason for the Capitol’s restricted access—specifically, that a Secret Service protectee was present. However, the court rejected this interpretation, with Pillard asserting that adopting such a requirement could hinder the Secret Service’s ability to address potential threats effectively.
Griffin may continue to challenge his trespassing conviction, potentially escalating the matter to the US Supreme Court, which has previously indicated interest in cases related to the Capitol riot. He has also sought Supreme Court intervention regarding his removal from office as a New Mexico county commissioner, though that effort was declined by the court.
