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Judge Unseats Official Who Trespassed at Capitol on Jan. 6
www.nytimes.com ^ | September 6, 2022 | Luke Broadwater and Alan Feuer

Posted on 09/06/2022 3:53:54 PM PDT by ransomnote

WASHINGTON — A judge in New Mexico on Tuesday ordered a county commissioner convicted of participating in the Jan. 6 riot at the Capitol removed from office under the 14th Amendment, making him the first public official in more than a century to be barred from serving under a constitutional ban on insurrectionists holding office.

The ruling declared the Capitol assault an insurrection and unseated Couy Griffin, a commissioner in New Mexico’s Otero County and the founder of Cowboys for Trump, who was convicted earlier this year of trespassing when he breached barricades outside the Capitol during the attack. The judge’s order grabbed the attention of advocates across the country who have been pushing to use the 14th Amendment to disqualify former President Donald J. Trump and elected officials who worked with him in seeking to overturn the 2020 election from holding office in the future.

In his decision, Judge Francis J. Mathew of the New Mexico District Court said the insurrection on Jan. 6 included not only the mob violence that unfolded that day, but also the “surrounding planning, mobilization and incitement” that led to it.

“Mr. Griffin is constitutionally disqualified from serving,” the judge wrote.

MORE AT LINK


(Excerpt) Read more at nytimes.com ...


TOPICS: Miscellaneous
KEYWORDS: alexanderstephens; bidenvoters; couygriffin; cowboysfortrump; districtstooge; dncstoogejudge; fakenews; francismathew; j6; newmexico; oterocounty; susanamartinez
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To: G Larry
I have a neighbor who plead guilty to a domestic assault charge 30 years ago. He was and is not a person of means. He is ruined to this day for having a public defender and following the advice of that public defender.

Never-ever plead guilty to something you did not do in favor of a promise of lesser harm to your liberties. You have them all or you have none.

21 posted on 09/06/2022 4:20:07 PM PDT by blackdog
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To: ransomnote

This will be appealed and will win on appeal. The GOP had better take this seriously and be all over it.


22 posted on 09/06/2022 4:22:03 PM PDT by Michael.SF. ( The problem today: people are more concerned about feelings than responsibility)
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To: jimfree

I don’t think the insurrection language is important. Isn’t the relevant fact that there was a conviction on a felony charge? I’m not siding against your comment, just not sure about grounds for appeal.


23 posted on 09/06/2022 4:22:27 PM PDT by Magnum44 (...against all enemies, foreign and domestic... )
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To: G Larry

We now have five branches of government. The judicial is now either the our guy branch, bought and paid for branch, or their guy branch.


24 posted on 09/06/2022 4:23:28 PM PDT by blackdog
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To: DannyTN

Super job. As I suggested, one does not need advanced legal training. You zoomed through a bunch based on good knowledge of civics and current events. I look forward to seeing which of your points are made in the litigation to follow.


25 posted on 09/06/2022 4:24:07 PM PDT by jimfree (My 19 y/o granddaughter continues to have more quality exec experience than Joe Biden.)
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To: Magnum44

He plead guilty to felony trespass.


26 posted on 09/06/2022 4:24:14 PM PDT by blackdog
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To: Magnum44

Was it a felony? Or was it misdemeanor trespass?


27 posted on 09/06/2022 4:25:25 PM PDT by jimfree (My 19 y/o granddaughter continues to have more quality exec experience than Joe Biden.)
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To: ransomnote; All
Here is the text of section three of the 14th:

Section 3 No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

My laymen's reading of this tells me a County official is not included on the named positions.

28 posted on 09/06/2022 4:28:16 PM PDT by Michael.SF. ( The problem today: people are more concerned about feelings than responsibility)
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To: blackdog

Yes, the question I have is ‘was that a felony charge?’ Or a misdemeanor? If it’s a misdemeanor then I’d say appeal. If it’s a felony, I am not sure he can appeal.

If this gets applied across the board, I’d bet there are more Dems who get barred from office than Republicans. That could be a good consequence.


29 posted on 09/06/2022 4:28:23 PM PDT by Magnum44 (...against all enemies, foreign and domestic... )
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To: jimfree

That was my question as well.


30 posted on 09/06/2022 4:29:11 PM PDT by Magnum44 (...against all enemies, foreign and domestic... )
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To: ransomnote

1. Recall the judge and put him/her on the street.

2. Didn’t this county recently ban Mail In Voting and Drop Boxes due to some recent elections issues?

The Establishment gonna Establish every chance they get. And this judge will hide behind the false idea of judicial immunity.


31 posted on 09/06/2022 4:30:38 PM PDT by qaz123
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To: Magnum44

Is trespassing a felony?


32 posted on 09/06/2022 4:32:46 PM PDT by qaz123
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To: Magnum44

The article I read this morning said he plead guilty to felony trespass and served time held as time served. He was set up for this. These people are like nazis. They keep lists.


33 posted on 09/06/2022 4:33:24 PM PDT by blackdog
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To: ransomnote

The ruling declared the Capitol assault an insurrection and unseated Couy Griffin

Funny

He wasn’t’ convicted of “assault” or “insurrection”

Wins on appeal


34 posted on 09/06/2022 4:34:00 PM PDT by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
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To: ransomnote

And I am willing to bet that this will not pass Constitutional muster when the case hits SCOTUS.


35 posted on 09/06/2022 4:34:42 PM PDT by Howie66 (Let's Go Brandon!!)
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To: ransomnote

If this abuse of power were allowed to set a precedent (it won’t), judges will get to nullify elections when the wrong side wins.


36 posted on 09/06/2022 4:35:54 PM PDT by UnwashedPeasant (The pandemic we suffer from is not COVID. It is Marxist Democrat Leftism.)
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To: ransomnote; All

Does anyone know what felony trespass is?

And if the judge was appointed by lujan then they’re a state judge. Not sure where a state judge can rule on a federal matter.

If he pled, then he can’t appeal. But, how does a state judge have jurisdiction over a federal case/issue?


37 posted on 09/06/2022 4:36:21 PM PDT by qaz123
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To: ransomnote

I demand all AntiFa and BLM members be unseated and barred from office immediately!


38 posted on 09/06/2022 4:39:00 PM PDT by Skywise
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To: ransomnote

Another liberal judge inventing law. This guy wasnt found guilty of insurrection. Judge needs to be impeached and thrown from office and law license cancelled.


39 posted on 09/06/2022 4:49:57 PM PDT by Seruzawa ("The Political left is the Garden of Eden of incompetence" - Marx the Smarter (Groucho))
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To: ransomnote
Typical Democrat twisty think; "convicted earlier this year of trespassing" = "insurrection".

The "Judge" has committed the logical fallacy of equivocation and he of course knew it. There was no conviction for "insurrection" so grounds for a costly appeal, which is the point of all this, Lawfare designed to deplete your opponents bank account.

40 posted on 09/06/2022 4:52:24 PM PDT by Pete from Shawnee Mission ( )
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