In the most current legal filings in Couy Griffin’s federal trespassing situation, Griffin alleged the U.S. Government did not show that the U.S. Top secret Support established up limitations Griffin was alleged to have crossed all through the Jan. 6 Capitol Riots.
On June 1, Griffin, through his counsel Nicholas D. Smith, submitted a reply supporting a second amended movement to dismiss the federal prison situation against him.
The Government’s response included screenshots from video clip which demonstrate Griffin climbing over what appear to be remnants of steel barricades set up all around the U.S. Capitol on Jan. 6.
Tale continues beneath.
Griffin was arrested on Jan. 18 for allegedly violating U.S. Code Title 18, Subsection 1752. He was arrested on a charge of knowingly entering or remaining in any restricted constructing or grounds without lawful authority relating to his participation in the Jan. 6 Capitol riots. Griffin did not enter the U.S. Capitol constructing.
Subsection 1752 states that “the term ‘restricted properties or grounds’ means any posted, cordoned off, or if not limited spot…of a developing or grounds where by the President or other man or woman secured by the Mystery Service is or will be temporarily viewing…The time period ‘other person guarded by the Top secret Service’ means any man or woman whom the United States Key Service is licensed to safeguard…when these types of individual has not declined such safety.”
Griffin did not deny he was existing in Washington, D.C. on Jan. 6 and on the Capitol grounds all through the riot.
Griffin posted a movie to the Cowboys for Trump Fb website page, which is no more time readily available, in which he said that he climbed up to the west facing techniques, an region the governing administration said was in the restricted spot. The Government’s response stated that the U.S. Capitol Police closed off the limited location.
Griffin informed the Alamogordo Each day News immediately after the riot that he was inside of watch of exactly where President-Elect Joe Biden was predicted to sit during the Jan. 20 Inauguration.
Griffin, in the court files, reported he was targeted “mainly because the government loathed him and his politics” and that other individuals who ended up standing around him on the west side Capitol ways that day were being not billed.
Griffin also filed a see referencing the Christopher Kelly case where the Authorities moved to dismiss due to the fact Kelly did not enter the Capitol Setting up.
“Given that this progress adopted briefing on Griffin’s movement to dismiss, Griffin respectfully requests that the Courtroom acquire it into account in looking at his arguments regarding arbitrary enforcement of § 1752, in gentle of the government’s concession that Griffin did not enter the Capitol Building,” the discover states.
Griffin is the District 2 Otero County Commissioner and serves as Otero County Fee Vice Chairman. He is also co-founder and spokesman for the political advocacy group Cowboys for Trump.
Nicole Maxwell can be contacted by e-mail at [email protected], by phone at 575-415-6605 or on Twitter at @nicmaxreporter.