In Washington, the Supreme Court made a decision on Monday not to hear an appeal from a former county commissioner of New Mexico. This commissioner had lost his office due to his involvement in the January 6, 2021, insurrection at the U.S. Capitol.
The individual in question, Couy Griffin, was a cowboy pastor who gained political attention by supporting then-President Donald Trump through horseback caravans. Griffin stands out as the only elected official to date to be removed from office in relation to the Capitol attack. This event interrupted Congress as it was in the process of confirming Joe Biden’s victory over Trump in the 2020 election.
During a trial in 2022 at a state district court, Griffin faced disqualification from holding office. This was the first instance in over a century where a provision from the 14th Amendment was applied. This provision was originally crafted to prevent former Confederates from holding government positions after the Civil War.
The Supreme Court recently clarified that while states cannot remove federal candidates like Trump from ballots, they do have the authority to disqualify individuals from state or local office. The justices expressed this in an unsigned opinion, stating, “States may disqualify persons holding or attempting to hold state office.”
Griffin’s case could potentially strengthen efforts to hold state and local officials accountable for their roles in the January 6 attack. Griffin, a Republican, was found guilty in federal court for entering a restricted area on the Capitol grounds that day and was sentenced to 14 days in prison, a term offset by time already served.
Griffin argued that he was unaware the area was restricted and claimed he was merely trying to lead a prayer, not incite violence. However, his conviction is currently under appeal.
This ruling comes amidst attempts in various states to prevent Trump’s candidacy for president, based on allegations that he incited the insurrection to stop Biden from assuming office. These allegations led to a lawsuit in Colorado aimed at disqualifying Trump, initiated by Citizens for Responsibility and Ethics in Washington (CREW), a group that also filed the accusations against Griffin.
In Griffin’s trial, Judge Francis Mathew of New Mexico recognized the January 6 event as an insurrection. He ruled that Griffin supported this insurrection, contributing to the delay in Congress’ certification of the election results, without resorting to violence.
Griffin’s appeal challenged the enforcement of the 14th Amendment’s anti-insurrection clause by a state court, arguing that only Congress has that authority. He also claimed his actions were protected under free speech rights.
However, Judge Mathew dismissed Griffin’s free speech defense as not credible, pointing out Griffin’s role in spreading false claims about the 2020 election being stolen. Griffin had encouraged people to join him in Washington on January 6 to fight over the election results.
The New Mexico Supreme Court declined to review Griffin’s case after he missed key deadlines. On the third anniversary of the January 6 attack, Griffin portrayed himself as a victim of political persecution during a speech in Wyoming.
In 2019, Griffin had established Cowboys for Trump, a group that organized horseback parades to promote Trump’s conservative policies. Despite controversies, including refusing to certify election results and facing a recall petition, Griffin remained a prominent figure until his disqualification from office in 2022. He was later acquitted in a trial concerning the financial disclosures of Cowboys for Trump.