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The Justice Department said in charging papers that, following the January 6 insurrection, Griffin recorded a video in which he claimed to have "climbed up on the top of the Capitol building" and stated his intention to return on January 20 the day then-President-elect Joe Biden's inauguration. And he said there was "grave tension" between Griffin's conduct on January 6 and his oath as a county commissioner in New Mexico to protect and defend the Constitution. Magliocca said the issue could arise in a number of ways moving forward and is ripe for the Supreme Court to litigate before Trump might run for and potentially win the presidency in 2024. Both the prosecutors and the probation and parole department recommended he serve 90 days. Feb 24 Who is the guy in the blue jacket? He was arrested on January 17 and charged with knowingly entering or remaining in a restricted building or grounds without lawful authority. At Griffins sentencing Friday, McFadden noted the tension between Griffins professed remorse in the courtroom and his numerous public statements after his conviction. Griffins lawyer said he doesnt plan to call any defense witnesses. 'Brainwashed' 1/6 Suspect Says Ashli Babbitt, Brian Sicknick May Not Struck received immunity for his testimony. The verdict from a 12-member jury capped a two-day trial in Alamogordo, the community where Griffin served as an Otero County commissioner until he was banished from office last year for his role in the U.S. Capitol riot on Jan. 6, 2021. A key question in Griffins case is whether he entered a restricted area while Pence was still present on Capitol grounds, a prerequisite for the U.S. Secret Service to invoke access restrictions. The Associated Press reported the confidential plea agre Mark Andrew Mazza, 57, of Shelbyville, Ind., faces up to 20 years in prison for assaulting an officer with a dangerous weapon and up to five years for carrying a pistol without a license. Griffins attorneys said in a court filing that Pence had already departed the restricted area before the earliest that Griffin could have entered it, but Secret Service inspector Lanelle Hawa testified that Pence never left the restricted area during the riot. If this ruling stands up on appeal, it sets a significant precedent for the next election cycle, said Gerard Magliocca, a constitutional scholar at Indiana University who has studied Section 3 of the 14th Amendment. The actions and statements youve taken since then are in tension with that oath, the judge said. People try to storm the U.S. Capitol on January 6, 2021 in Washington, DC. Theyve got to resolve the question of Trumps eligibility as soon as possible. Pence remained in the loading dock location for four to five hours and never left the security perimeter before the joint session of Congress resumed on the night of Jan. 6, Hawa testified. Stay up to date with what you want to know. All I wanted to do was speak on behalf of an America First agenda, which should all be protected under the First Amendment, he said. The sentencing effectively ruled out any further prison time for Griffin barring a violation of his probation in connection with his involvement in the January 6 attack. A New Mexico judge on Tuesday removed Otero County commissioner Couy Griffin by invoking the 14th Amendments prohibition on those who engaged in insurrection from serving in office. as well as other partner offers and accept our. Also worth weighing here, Hemel noted, is whether disqualification is an appropriate remedy. In addition to those legal arguments, the Justice Department asserted that pinpointing Pence's precise location on January 6 would jeopardize the continuing security of future vice presidents, including Vice President Kamala Harris. The strikes left 34 people injured, including three children, and caused widespread damage. Griffin was previously convicted in federal court of a misdemeanor for entering restricted U.S. Capitol grounds on Jan. 6, without going inside the building. His advisory sentencing guideline range for the misdemeanor conviction was zero to six months. The two-day trial began Tuesday with jury selection in state District Court at Alamogordo, the New Mexico community where Griffin served as an Otero County commissioner until he was banished from office last year for his role in the U.S. Capitol riot on Jan. 6, 2021. "I mean, who's to say that was have you seen anything of any of her family?" But the judge said very few people who didnt enter the Capitol on Jan. 6 were charged, and sentenced Griffin to 14 days in jail and a $3,000 fine. Two other defendants have pleaded guilty to brining unregistered firearms in their vehicles. A New Mexico judge on Tuesday removed Otero County commissioner Couy Griffin by invoking the 14th Amendment's prohibition on those who engaged in insurrection from serving in office. Sicknick died the day after the riots from a stroke. 24/7 coverage of breaking news and live events. At his sentencing, Griffin told the judge, I have huge respect for law enforcement and I am a respecter of the system. He said he had been a pastor before entering politics in Otero County. Griffin's attorney also accused state campaign finance regulators of bias and singling out Cowboys for Trump for enforcement. Griffin has made a series of controversial statements calling for violence against his political opponents. Do Not Sell or Share My Personal Information. . U.S. District Judge Trevor McFadden is scheduled to hear attorneys closing arguments Tuesday for the case against Otero County CommissionerCouy Griffin, whose trial in Washington, D.C., is the second among the hundreds of people charged with federal crimes related tothe Jan. 6, 2021, siege. But Griffin has resisted pressure to register the group as a political committee, including filing an unsuccessful petition to the 10th District Court of Appeals.

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