Sunday, January 28, 2024

From the NYT (Sept. 6, 2022): Judge Unseats Official Who Trespassed at Capitol on Jan. 6

The idea that the events of January 6th qualified as insurrection dates to this decision

- Click here for the article

A judge in New Mexico on Tuesday ordered a county commissioner convicted of participating in the Jan. 6 riot at the Capitol removed from office under the 14th Amendment, making him the first public official in more than a century to be barred from serving under a constitutional ban on insurrectionists holding office.

The ruling declared the Capitol assault an insurrection and unseated Couy Griffin, a commissioner in New Mexico’s Otero County and the founder of Cowboys for Trump, who was convicted earlier this year of trespassing when he breached barricades outside the Capitol during the attack. The judge’s order grabbed the attention of advocates across the country who have been pushing to use the 14th Amendment to disqualify former President Donald J. Trump and elected officials who worked with him in seeking to overturn the 2020 election from holding office in the future.

In his decision, Judge Francis J. Mathew of the New Mexico District Court said the insurrection on Jan. 6 included not only the mob violence that unfolded that day, but also the “surrounding planning, mobilization and incitement” that led to it.

“Mr. Griffin is constitutionally disqualified from serving,” the judge wrote.

Liberal groups have filed legal challenges in Arizona, New Mexico, North Carolina and Wisconsin seeking to block lawmakers accused of supporting the Jan. 6 rioters — including some prominent Republican members of Congress — from holding office under the Constitution. Until Tuesday, none had succeeded.


From Wikipedia: Couy Griffin.

Subsequent to his 2022 conviction for the trespassing charge, a suit was filed by the group, Citizens for Responsibility and Ethics in Washington (CREW), and the residents of New Mexico under Section 3 of the Fourteenth Amendment to the United States Constitution that would bar him from holding a public office for life due to his participation in the insurrection.

Following the Disqualification Clause of the Fourteenth Amendment, District Court Judge Francis J. Mathew removed Griffin from public office on September 6, 2022, due to his participation in the insurrection. The debarment from holding public office for insurrection is "for life", he may never hold a public office again unless the debarment is overruled by a higher court or an Act of Congress. Removal of Griffin from his office marked the first instance of a democratically elected official being disqualified from holding public office under the constitutional provision since the disqualification of the socialist, Victor Berger, in 1919 by a special committee of Congress.

Griffin appealed the case to the New Mexico Supreme Court, which dismissed the appeal on procedural grounds in November, and reaffirmed this dismissal in February 2023.