SANTA FE — A New Mexico judge ordered Otero County Commissioner Couy Griffin be removed from office, effective immediately, ruling that the attack on the Capitol was an insurrection and that Griffin’s participation in it disqualified him under Section 3 of the 14th Amendment. This decision marks the first time since 1869 that a court has disqualified a public official under Section 3, and the first time that any court has ruled the events of January 6, 2021 an insurrection.Section 3 of the 14th Amendment, also known as the Disqualification Clause, bars any person from holding federal or state office who took an “oath…to support the Constitution of the United States” as an “officer of any State” and then “engaged in insurrection or rebellion” or gave “aid or comfort” to insurrectionists. Griffin, as an Otero County Commissioner since January 2019, took an oath to “support and uphold the Constitution and laws of the State of New Mexico, and the Constitution of the United States.”
“This is a historic win for accountability for the January 6th insurrection and the efforts to disrupt the peaceful transfer of power in the United States. Protecting American democracy means ensuring those who violate their oaths to the Constitution are held responsible,” said CREW President Noah Bookbinder. “This decision makes clear that any current or former public officials who took an oath to defend the U.S. Constitution and then participated in the January 6th insurrection can and will be removed and barred from government service for their actions.”
Under New Mexico law, any private citizen of the state may file a lawsuit to remove a disqualified county official from office. A group of New Mexico residents were represented in this case by Citizens for Responsibility and Ethics in Washington and the New Mexico-based law firms of Freedman Boyd Hollander and Goldberg P.A, Dodd Law Office, LLC, and the Law Office of Amber Fayerberg, LLC, as well as by Cohen Milstein Sellers & Toll PLLC.
“Judge Mathew’s decision is fully supported by the facts and the law and justice achieves a needed measure of accountability,” said Freedman Boyd Hollander and Goldberg P.A Partner Joe Goldberg.
“The Court’s findings that Mr. Griffin engaged in repeated efforts to mobilize a mob and incite them to violence on January 6, 2021 amply support the Court’s conclusion that he is unqualified under the Fourteenth Amendment to hold public office,” said Daniel Small of Cohen Milstein Sellers & Toll PLLC.
An eyewitness to Griffin’s behavior testified that Griffin also took on a leadership position within the mob at the Capitol on January 6th. Videos of Griffin’s speeches en route to Washington, DC for the “Stop the Steal“ rally showed Griffin’s willingness to stop, by any means necessary, a Biden presidency. In the days after the attack, Griffin continued to defend the insurrection, boasted about his involvement, and suggested a possible repeat of it in the future. Following a federal indictment for his behavior, he was convicted of breaching and occupying restricted Capitol grounds.
“January 6, 2021 was a dark day in our history. The court’s ruling today is a historic moment for our country. Mr. Griffin’s removal and bar from holding office again is a step towards obtaining justice and restoring the rule of law,” said Dodd Law Office, LLC President Christopher Dodd.
“The Court’s decision to remove and bar Mr. Griffin from public office represents a crucial step toward restoring the rule of law in our country and protecting our democracy from future attack,” said the Law Office of Amber Fayerberg, LLC Founder Amber Fayerberg.
UPDATE -Judge’s Decision Sustained by the State Supreme Court
New Mexico Supreme Court maintains Couy Griffin office removal
Newstar, Feb 19, 2023
NEW MEXICO (KRQE) – The state Supreme Court dismissed a final motion for former Otero County Commissioner Couy Griffin to reconsider his appeal. The Cowboys for Trump founder said this won’t stop his efforts.
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“I believe that I was railroaded in this deal. I believe it was very unfair, and I’m very disappointed in the New Mexico Supreme Court for not giving me a fair shape before the letter of the law, which I don’t think happened,” said Griffin.
Last year, a district court judge ruled Griffin must be removed from office as a county commissioner and barred him from running for office in the state again. This came after three New Mexico residents filed a civil case claiming he shouldn’t be able to serve based on his role in the January 6 insurrection.
Griffin tried to appeal the ruling, but the state Supreme Court dismissed the appeal in November. He filed a motion for the state’s highest court to reconsider, which they dismissed this week. Now, Griffin wants to take this to the United States Supreme Court.
“I feel like I have a state that’s against me right now, and they used the court system to try to destroy me,” Griffin added. “I’m still a firm believer that the good guy wins in the end. I believe that all things will be made right, and I believe that I will find justice in the Supreme Court decision that I pray will take place.”
Griffin was federally convicted of trespassing for illegally entering the Capitol ground of Congress. He was acquitted of disorderly conduct.
Griffin said he was in Washington D.C. on January 6 honoring his oath as a county commissioner. He mentioned he did not do anything violent that day but was there concerned about “fraud in the election.”
Griffin is also involved in another legal battle for failing to register his organization Cowboys for Trump as a political action committee. A trial for the case is schedule for the end of the month. According to Griffin, he never operated the organization in that capacity.
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