Donald Trump has often stated that he considers the people who showed up on January 6 to support him as patriots.
Well, another of those patriots is about to head to jail.
Couy Griffin was taking a rather interesting argument to beat his conviction, but the appeals hearing did not go his way and the initial verdict has been upheld.
Not Buying It
Griffin’s attorneys argued that since he was not aware of Mike Pence being in the Capitol at the time, he should not have been charged with trespassing.
His appeal went before an Obama, Clinton, and Trump judge panel, so you already know how this worked out.
The two Democrat-appointed judges ruled against him, and the Trump-appointed judge dissented.
In the majority opinion, DC Circuit Judge Nina Pillard stated, “The basis of the Secret Service’s authority to prevent access to designated areas for the safety of its protectees … need not be in the mind of the trespasser.
“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. 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.”
Judge Greg Katsas disagreed, writing, “Needless to say, a trespass that threatens the life or safety of the President or Vice President is substantially more culpable than a simple trespass consisting of nothing more than knowingly entering an area ‘posted, cordoned off, or otherwise restricted.’
“Trespassers unaware that someone like the President or Vice President is present are much less likely to pose a threat to those officials than are individual who knowingly trespass into an area restricted to protect them.”
This case is going to wind up before the Supreme Court and the decision by the court will set a very meaningful precedent.
If the court declines the case, it will be bad news for the nearly 500 cases that have been or will be prosecuted involving a charge of trespassing.
If the court accepts the case and reverses the ruling, well, it will be another nightmare for Biden’s DOJ.
