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A New Mexico district court ruled that Griffin, then Otero County commissioner, was removed from office under Section 3 of the 14th Amendment, which was enacted to prevent former Confederate politicians from returning to power after the Civil War. handed down the verdict. The Supreme Court’s decision not to hear Mr. Griffin’s appeal confirms the lower court’s view and removes Mr. Griffin from public office.
Griffin’s attorney, Peter Ticktin, said in a statement to the Washington Post that Griffin and his legal team are exploring ways to return to the New Mexico courtroom and re-litigate the verdict.
Mr. Griffin is seeking to appeal the decision to remove him from public office, which former President Donald Trump used in a separate case of his own before the Supreme Court challenges the Colorado court’s decision. It adopted a similar legal argument. January 6th.
In Mr. Trump’s case, the Supreme Court ruled this month that states cannot prohibit former presidents or other candidates from appearing on the ballot for federal office under the Insurrection Clause. It is possible to disqualify a person from holding or seeking public office.” , and that they have “no constitutional authority to enforce Article III with respect to federal office, especially the presidential office.”
After Griffin’s appeal was denied on Monday, the justices made it clear that state and local candidates are subject to different rules than those seeking federal office.
Mr. Griffin, who is also a pastor, gained national fame after organizing a horseback caravan in support of Mr. Trump. In March 2022, a federal judge found him guilty of entering a restricted area on January 6 and sentenced him to 14 days in jail and a $3,000 fine.
At his sentencing, District Judge Trevor McFadden told Griffin that as an elected state official he took an oath to uphold the Constitution. “Your actions and statements since then are inconsistent with that oath,” the judge said.
Griffin said afterward that he felt he was living up to his oath to “make sure our elections are transparent and legal,” and that he would “stand up and protest peacefully” and “like me… “I went to Washington to represent the millions of other Americans who are feeling the same way.” do. “
Video of the attack shows Griffin and a videographer overcoming barricades and barriers, climbing onto the inauguration stage in front of the Capitol, and addressing the surging crowd over loudspeakers for more than an hour.
At Mr. Griffin’s trial, Vice President Mike Pence, during the riot, fought over the objections of the Secret Service to prove that Mr. Griffin had entered a restricted area, even though he did not enter the Capitol itself. was forced by prosecutors to disclose his location. McFadden acquitted Griffin of disorderly conduct, but found him guilty of a misdemeanor count of entering restricted building or grounds.
In September 2022, New Mexico District Court Judge Francis Mathews removed Griffin from office, saying his actions, while non-violent, met the definition of disqualifying conduct. Mathews’ decision to remove Griffin from office marks the first time since 1869 that a court has disqualified a public official under the 14th Amendment’s sedition clause.
Griffin reacted to the Supreme Court’s decision on Monday, calling on former President Donald Trump on social media to make him his running mate in 2024.
“I am officially prohibited by court order from running for any office other than the office of President,” Griffin said. I have written. “Does that apply to the vice president position as well?”
The Supreme Court’s decision to remove Mr. Griffin from state office could affect efforts by other states and local governments to remove others who took part in the attack. The lawsuit against Mr. Griffin was filed by Citizens for Responsibility and Ethics in Washington, the same group that led the effort to disqualify Mr. Trump from voting in Colorado.
Noah Bookbinder, the group’s president, said in a statement that by refusing to accept Griffin’s appeal, the court “upholds the finding that January 6 was a riot, and states that the 14th Amendment remains This guarantees that the disqualification provisions of the Article can be applied.” State officials. ”
“Importantly, this decision confirms that virtually every decision-making body that has considered this issue has found that January 6th was an insurrection and that Donald Trump was involved in that insurrection. ,” Bookbinder wrote. “It is up to states to meet their obligations under Article III to remove from office those who participated in the January 6 riot and broke their oaths.”
Tom Jackman and Spencer S. Hsu contributed to this report.
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