A federal appeals court in Washington, DC, has upheld the conviction of the Cowboys for Trump founder who entered the restricted area of the US Capitol on January 6, 2021. The court ruled that rioters did not need to know that the Secret Service was protecting then-Vice President Mike Pence inside when they breached the area.
This decision is significant as it tests the foundational approach taken by the Justice Department in prosecuting Capitol rioters. The ruling clarifies the law around trespassing in areas where public officials are being protected, strengthening federal protection that the Secret Service can offer.
The case involved Couy Griffin, a New Mexico local official who organized Cowboys for Trump. Griffin was convicted of two misdemeanors, including trespassing, for jumping a stone wall outside the Capitol to board the inauguration stage. He was sentenced to 14 days in jail and a year of supervised release.
The 2-1 opinion written by DC Circuit Judge Nina Pillard emphasized that the trespasser's knowledge of the Secret Service's protection was not necessary for prosecution. The dissenting judge, Greg Katsas, argued that prosecutors should have had to prove that Griffin knew the seriousness of the protected area and the potential presence of Pence.
Griffin may continue to appeal his trespassing charge, potentially to the US Supreme Court. This decision adds to the legal challenges Griffin has faced following his removal from an elected public office in New Mexico.
The ruling highlights the ongoing legal battles and differing interpretations of the law surrounding the events of January 6, 2021, and the Capitol riot.
