Oct. 22 (UPI) — A divided federal appeals court in Washington, D.C., upheld a trespassing charge and conviction Tuesday against Jan. 6 defendant Couy Griffin, despite his argument that he “did not know” he had breached a Secret Service-protected perimeter.
The three-judge panel, which had one dissenter, upheld the charge that prosecutors have leveled against more than 1,400 people who broke through barriers at the Capitol on Jan. 6, 2021. The panel rejected Griffin’s claim that the rioters were unaware Secret Service was protecting former Vice President Mike Pence.
“The government was not required to prove that Griffin was aware that the vice president’s presence was the reason the grounds remained restricted,” D.C. Circuit Judge Nina Pillard wrote in Tuesday’s majority opinion.
“A person trespassing on grounds he knows are restricted, where he knows he lacks permission to be, may be convicted of a federal misdemeanor trespass … even if he does not know that a Secret Service protectee is within,” Pillard, an Obama appointee, added.
“In Griffin’s view, the statute also requires proof that he knew why the Capitol grounds were so restricted when he entered or remained there — i.e. that a Secret Service protectee was or would be temporarily visiting the Capitol grounds,” Pillard wrote. “We decline to adopt such a rule. Griffin’s approach would surely hinder the Secret Service’s capacity to handle the full range of potential threats.”
While Judge Judith Rogers — a Clinton appointee — agreed with the ruling, dissenter Judge Gregory Katsas — a Trump appointee — did not, over concerns it could transform minor infractions into federal crimes.
“It ensnares a hotel guest who walks past an ‘area closed for private event’ sign in search of an open bar if, unbeknownst to the thirsty interloper, the first lady is expected to attend,” Katsas wrote in the dissenting opinion.
“Likewise, it ensnares an individual who stepped over temporary plastic fencing just outside the Capitol grounds on Jan. 5, 2021, to save a few steps on a walk home from work, even if he was unaware of the impending arrival of the vice president. And if that person did so while lawfully carrying a firearm, he would face imprisonment of up to ten years,” Katsas added.
Tuesday’s split ruling could lead to future appeals and possibly to the U.S. Supreme Court.
Griffin, who founded political action committee Cowboys for Trump and had served as Otero county commissioner in New Mexico, expressed his disappointment with Tuesday’s ruling in a post on X.
“Just got word from my attorney on the 1752 conviction. It looks like we lost the appeal on the trespass conviction but there are still avenues open for even a bigger win,” Griffin wrote. “Please continue to pray that light will soon shine into our dark and politically weaponized judiciary!”
Griffin was sentenced to 14 days in prison, with time served, and one year of supervised release on the misdemeanor charge in June 2022, after he was found guilty of trespassing on Capitol grounds during the riot at the U.S. Capitol.
Three months later, a New Mexico judge ordered Griffin to leave public office immediately. It was the first time an elected official had been removed for rebellion against the United States since the Civil War. Griffin was also “barred for life” from holding any public office in the future under the Constitution’s “insurrection clause” in the Fourteenth Amendment.
Earlier this year, the U.S. Supreme Court refused to hear Griffin’s appeal, allowing the New Mexico judge’s ruling to stand.
