SANTA FE, N.M. — A federal appeals court affirmed on Tuesday the conviction of a former county commissioner from New Mexico who unlawfully entered the U.S. Capitol grounds during the riot on January 6, 2021.
The Circuit Court of Appeal for the District of Columbia upheld the 2022 conviction of Couy Griffin, a resident of Tularosa, in a decision that was split 2-1.
In addition to this conviction, Griffin has been barred from holding public office due to his involvement in what was deemed an insurrection at the Capitol, an outcome confirmed by a ruling from a state district court. Earlier in March, the U.S. Supreme Court declined to consider an appeal regarding this ruling.
Griffin, known as a cowboy pastor, gained national attention for his affinity for Donald Trump, which he showcased through horseback caravans. He was found guilty of a misdemeanor during a bench trial in 2022 at the U.S. District Court in Washington, where he was acquitted of disorderly conduct.
He received a 14-day sentence but was credited for the time served following his arrest in Washington just days before Joe Biden’s inauguration.
In his defense, Griffin argued that he did not know he was entering a restricted area designated by the U.S. Secret Service on the day of the riots. He claimed that he was there to lead a prayer using a bullhorn, asserting that he did not partake in any violence. Meanwhile, nearby, Capitol police were struggling to manage a crowd that was hindering Congress’s efforts to certify Biden’s election victory.
The majority opinion from the Circuit Court dismissed Griffin’s claims, stating that the Capitol was still restricted when he arrived and that it was unnecessary for the prosecutors to demonstrate his awareness of then-Vice President Mike Pence’s presence for the election certification.
In his dissent, Circuit Judge Gregory Katsas argued that the lower court made a mistake by not addressing whether Griffin was aware that Pence was in attendance at the Capitol.
Griffin has expressed his intention to appeal the latest ruling, stating, “I will continue in this fight for justice because this issue is much bigger than the plight of Couy Griffin,” in a message. He added, “With God as my witness, I did not know that area was restricted.”
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