Jan. 6 Rioter Barred From Holding Office For Life Under Insurrection Clause After His Appeal Is ...

[sl8]

https://talkingpointsmemo.com/news/jan-6-rioter-barred-holding-office-insurrection-clause-appeal-dismissed-cowboys-for-trump

Jan. 6 Rioter Barred From Holding Office For Life Under Insurrection Clause After His Appeal Is Dismissed

By Kaila Philo
November 16, 2022 10:08 a.m.

The New Mexico Supreme Court has dismissed an appeal from “Cowboys for Trump” founder Couy Griffin to overturn a decision that barred him from holding public office for life under the 14th Amendment’s Disqualification Clause.

Griffin was arrested and convicted for entering restricted areas at the Capitol on Jan, 6, 2021. At the time, he was serving as a commissioner of Otero County, New Mexico, where he was elected in 2018. But residents began pushing to have him removed from office in 2021 for a number of reasons, including allegedly using his position to promote Cowboys for Trump.

The Otero County commissioner has become notorious for trying to help former president Donald Trump undermine the 2020 election, including pushing for a “forensic audit” of the 2022 election results that never saw the light of day.

Earlier this year, three New Mexico residents, with the help of the watchdog group Citizens For Responsibility and Ethics in Washington (CREW), petitioned for Griffin to be removed from office over his active participation in the Jan. 6 insurrection. The residents alleged in the complaint that Griffin brought multiple firearms with him to Washington, D.C. and gave speeches “encouraging people to go to Washington and stop the transfer of power.” Griffin was allegedly photographed scaling a wall to get closer to the Capitol building.

[...]

[EYESORE 9001]

1. Wish it was applied to rump's latest escapade

Sorry, Donnie, you’re disqualified.

[BlueKota]

2. I agree it should apply to Donnie too

[jaxexpat]

21. Nothing applies to TFG's league.

Ever since Reagan's teflonic stampede over accountability it's the unwritten rule of modern justice. Though some see it as perhaps an inheritance from Nixon's lack of accountability. So many "gates" later, here we are.

[groundloop]

24. It can't be applied to 45* UNTIL he's convicted of his crimes.

While I'm hopeful that he will be, I'm not holding my breath.

[malaise]

3. Please cross post in GD

Thanks

[sl8]

5. Feel free, you won't be stepping on my toes. :) nt

[malaise]

6. Linked it back to your post

[MiHale]

4. Last paragraph in article...

EVERYONE SHOULD BE EQUAL UNDER THE LAW. my add.

“This is an affirmation that Section 3 of the 14th Amendment can and should be enforced against
all the January 6th insurrectionists who took an oath to defend the Constitution, whether they are current or former officeholders,” CREW senior vice president Donald Sherman said in a statement, “Today is an important day for our democracy.”

[Hermit-The-Prog]

7. Bwahaha! I've been told repeatedly that it would be overturned on appeal. It wasn't.

[Fiendish Thingy]

10. Who told you that? He was convicted after all.

A conviction for an insurrection related offence is the likely required threshold for invoking section 3 of the 14th amendment, so the ruling makes perfect sense to me.

[Hermit-The-Prog]

12. He was convicted of a misdemeanor; not the crime of insurrection.

14th Amendment, Section 3 is not a penalty for a crime, it is an additional qualification of office.

https://www.citizensforethics.org/news/analysis/the-couy-griffin-case-frequently-asked-questions/

https://www.citizensforethics.org/wp-content/uploads/2022/09/D101CV202200473-griffin.pdf
See especially p. 34 of the ruling, p. 37 of the pdf.

[Fiendish Thingy]

14. Isn't it more accurately defined as a disqualification clause?

My point is, to invoke the disqualification clause, a concrete event, most likely an insurrection related conviction, is required. Otherwise it would just be up to the perception and whims of the accuser finding a friendly judge.

[Hermit-The-Prog]

18. A conviction for insurrection (or any part of 18 U.S. code, chap. 115) is up to a criminal court.

It is not a prerequisite for invoking 14A, S3.

Not 'engaging in' an insurrection after having taken an oath to defend the Constitution is a qualification added by the 14th Amendment. Either you meet the additional qualification or you don't.

See previous links.

[Jerry2144]

8. He should be stripped off almost every right, too

Since citizens is a public office. Yank hood right to vote and his “right” to bear penis extensions. Sorry. Auto correct keeps changing g u n s to penis extensions

[niyad]

9. Our sister DU'er duhneece must be thrilled.

[Hermit-The-Prog]

13. She's had to deal with that MAGAt up close.

[niyad]

16. Yes, I know. I used to spend time in the area, long before that idiot cuoy was

there. It was strange even then.

[malaise]

22. THIS

[NCjack]

11. Where ever Couy was born, he should be sent back there.

[erronis]

15. I doubt his mother would take him back in...

[intheflow]

17. Glad he's barred for life, and also this is crappy journalism.

"Griffin was allegedly photographed scaling a wall to get closer to the Capitol building."

No, not allegedly. That photo is what convicted him of "entering restrictive areas of the Capitol." There's nothing alleged about it.

[brooklynite]

19. Assuming he doesn't appeal to the Federal Courts.

[grantcart]

25. I don't think he can yet

His appeal wasn't dismissed on material grounds but procedural.

I assume he could refile correcting what ever procedural error there was. I also assume that any federal appeal would not be heard because he can still refile in NM.

[Tarc]

20. Awesome. Now do Trump, Greene, Boebert, Cawthorn, Cruz, Biggs, Gosar...

...etc...etc...

[BradBo]

23. The cops had to step in the other day because of him causing a stink at a council meeting.

I hope the cops are keeping a close eye on this guy, he’s trouble. And can you imagine his idiot posse! A horde of rightwing dumbasses.

[FakeNoose]

26. Good precedent set for 14th Amendment enforcement

[moniss]

27. Now he can

take his little hat and go ride his horsey all he wants. Maybe he can get together with the other "cowboys" like David Clarke and Bozo Bundy and they can ride horsey together and pretend to have shoot-outs with other "cowboys". Maybe when they get back their Mommies can give them milk and cookies.

[Hotler]

28. Isn't this the "the only good democrat and liberal is a dead democrat and liberal." guy?

Hopefully he opens his mouth in the wrong place and someone shuts it for him.

[republianmushroom]

29. 22 months and counting. Where is the DoJ ??