Republican lawmakers who participated in events near the U.S. Capitol on Jan. 6, 2021, have been put on notice: Courts across America may come after them.
This month, a state judge in New Mexico ruled that even being near the Capitol on that day was enough to disqualify someone from seeking future public office. Basing his decision on the 14th Amendment of the Constitution, Judge Francis Mathews set forth case law that has not yet been challenged to a higher court and may become the basis for other lawsuits, including in Alaska.
Those who brought the case against “Cowboys for Trump” founder and now-former Otero County Commissioner Cuoy Griffin, are considering whether they can do the same with other lawmakers around the country, and even former President Donald Trump, by getting judges to ban him from seeking public office due to his role in what they believe was an insurrection or rebellion.
Griffin has not yet appealed the decision to immediately remove him from office, and the group called Citizens for Responsibility and Ethics, based in Washington, D.C., which brought the lawsuit to disqualify Griffin, or other aligned groups may file a similar suit to keep Trump off of ballots in multiple states. The NAACP and progressive watchdog group Common Cause filed briefs in support of Griffin’s removal, Politico reported.
“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 on the CREW website. “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.”
Judge Mathew ruled that Griffin’s visit to Washington, D.C. met the definition of participating in an insurrection: an “assemblage of persons acting to prevent the execution of one or more federal laws, for a public purpose, through the use of violence, force, or intimidation by numbers.”
Griffin had earlier been convicted of a misdemeanor in federal court for having entered the grounds of the Capitol on Jan. 6, although he did not enter the building. He was sentenced to 14 days on that misdemeanor charge, but given credit for time served.
Judge Mathew wrote, “The mob ultimately achieved what even the Confederates never did during the Civil War: They breached the Capitol building and seized the Capitol grounds, forcing the Vice President and Congress to halt their constitutional duties and flee to more secure locations.”
The ruling said that there needs to be no criminal activity or conviction in order for a judge to ban someone from running for office: “One need not personally commit acts of violence to ‘engag[e] in’ insurrection.” Mathews said, “Engagement thus can include non-violent overt acts or words in furtherance of the insurrection.”
The lawsuit against Griffin is here:
“Mr. Griffin aided the insurrection even though he did not personally engage in violence,” Mathew said. “By joining the mob and trespassing on restricted Capitol grounds, Mr. Griffin contributed to delaying Congress’s election-certification proceedings.”
In his ruling, Mathews notes that the mainstream media declared Biden the winner of the 2020 election. The judge said Griffin’s attempts to sanitize his actions were “lipstick on a pig.” Mathews said Trump’s claims that the election was stolen was false, and that the “Stop the Steal” movement perpetuated a lie with “inflammatory rhetoric.”
Mathews said in his ruling that the Oath Keepers and Proud Boys were violent specialist militia groups that came together to “mobilize an armed intimidatory presence.” The judge noted that Griffin loaded three firearms into his vehicle, along with ammunition, for the cross-country trip to D.C.
Mathews’ ruling and justification is here:
In Alaska, state Rep. David Eastman is facing similar charges brought by activist Randall Kowalke and the Northern Justice Project, even though Eastman he was orderly and law-abiding during his visit to the U.S. Capitol on Jan. 6, where he did not go near the Capitol itself.
Although he is being subjected to a similar attempted removal from office through the courts, Eastman had no leadership role in the rally at the Capitol, and comparing this case to Griffin’s case must be done with caution. The difference between the cases includes the “leadership role” that Griffin had at the rally, and his strong words on the record that describe the election as stolen, and the nation in a battle for the survival of the republic.
Looks like the Supreme Court will be hearing from the accused shortly. Never fear! It’s desperation time for the illegitimate regime! And so the pendulum swings.
I also would like to think that the increasingly hateful, intolerant, divisive, bitter and hysterical rhetoric from the illegitimate Usurper Xiden regime, and from its rigidly ideological radical leftist fellow travelers, is just a sign of their increasing desperation. It could, however, also be a sign of their final assault on our freedoms, and on all those who oppose their insane and destructive neo-Bolshevik, nihilistic agenda.
The term you’re looking for is political persecution. It’s an old favorite of banana republics and the Soviet states.
It’s goal is simple. Punish opposition and intimidate their supporters. Don’t think it will stop here.
The DOJ should go by the original German term Stasi.
As much as I want to blame Chairman Joe, it’s not just his fault. We’ve been building towards this since that dolt Bush 43 stuck us with Homeland Security. In a sense can’t blame Biden for using the tools the GOP gave him.
This ends badly for America. If not very careful it may end America.
But hey! Orange man made mean tweets.
I agree, just more political warfare against our freedom of speech.
meanwhile, Biden(s) and Hillary get a free pass?
I should also have noted that the so-called “insurrection” would not have happened had it not been for the egregious, widespread and systematic voting fraud — all coordinated by the Democratic side — inherent and obvious in the 2020 presidential election. I’m still waiting for any Democrat to explain to me how multiple voting precincts could have MORE than 100% turnout, for example.
Let it go, Jefferson. Hard to believe you’re still trotting out this old and debunked theory.
86 million votes baby!! More that Obama got.
Not bad for a guy who couldn’t fill a Denney’s at lunch time.
Simply amazing it is.
Try fresh, ever-relevant and incontrovertible fact, cur.
You may be fine letting the country go, Dog, but Jefferson, clearly, is not.
Jefferson – I think you are buns up in a gopher hole. But keep digging; what the hell. As you try to satisfy your insatiable desire for evidence to support your rigid ideology , who knows, you might find a ballot typo.
Lucinda, it is intellectually liberating, if morally repugnant, to have to deal with such logic-free and factually-empty comments such as your own.
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I do have to wonder, if only rhetorically: do you honestly not realize the extent of your establishment brainwashing, and that by your willing participation in the enslavement of yourself (and of the rest of us), you are serving evil?
As a once infamous presidential candidate said.
There are two America’s.
The ruling class and us.
I prefer George Carlin’s version: “You and I are not in the big club. By the way, it’s the same big club they use to beat you over the head with all day long when they tell you what to believe.”
I believe Eastman is in contact with larger forces who may have told him to stand-down while the big dogs take this battle to court.
A poorly run defense might set a precedent, which could be a major setback.
So, I suspect that may be what is going on.
This political persecution cannot stand.
Just my guess, it’s the only thing that makes sense.
It also shows that the US Constitutional rights of freedom of economic association is broken by dictate of foreign proletariat. They want the Constitution bent if not broken so as to “fundamentally change America” while ascribing false intent where there was none. The democrats have shown me that Washington DC is completely overpowered by foreign powers. It is not the capitol of America any more. Thanks for illuminating this fact for us. We get it now . You are so much smarter than all others. I genuflect to you (not really).
These are dark times. The erosion of our constitutional rights is accelerating. We are witnessing a slide into tyranny.
Left-wing progressive activists have almost completed their long-planned take-over of the media, the schools, the civil service, the FBI, DOJ, CIA, IRS, Homeland Security, the military, local governments, and the court system. Now they’re going after our basic right to vote. Where else do you see the government dictate who can and cannot be on the ballot?
M. It was the MAGA conservatives that tried to take away our constitutional rights on January 6
You are projecting again, Lucinda, like the good little radical leftist extremist drone that you are.
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It is the illegitimate and rogue Biden regime, and all the bootlickers and eager quislings for that regime like you, who are tearing apart this country and destroying it, and tearing apart and destroying freedom in the process. It is YOU radical leftist extremists who are the true fascists, using the power of vast and overreaching corporations like Google, Twitter, and the rest of the corporate media to stifle and censor free speech. it is YOU radical leftist extremists who fearmongered and terrorized the nation, grabbing yet more power in the process, due to a very mild pandemic. It is YOU radical leftist extremists who are undermining and destroying the nation’s and world’s economy by using governmental coercion to shut down the only feasible energy sources necessary for civilization to function. It is YOU radical leftist extremists who are attacking reality and trying to force an insane anti-scientific, biology-denying ‘gender fluid’ ideology and religion on society. It is YOU radical leftist extremists who are not just allowing, but encouraging and welcoming, millions of illegal aliens to flood our borders, further stressing an already overstressed economy and society. It is YOU radical leftist extremists who are subverting and corrupting the former sanctity and integrity of the voting process, by insanely and self-servingly removing the commonsense and necessary voter identification and citizenship requirements. It is YOU radical leftist extremists who are destroying the morale and integrity of our military forces, by again forcing your insane and evil ‘woke’ ideology on them, and purging all those who refuse to kowtow to that insane ideology and political agenda. It is further YOU radical leftist extremists who have declared open war on all those who politically, morally, and socially think differently than you, and who have summarily declared all opinions not 100% in line with your rigid and insane ideology to be “hate speech”.
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I have had my problems with right-wingers and many so-called “conservatives” in the past, and railed against them vehemently during the Shrub years, but even their worst excesses during the post-Sept. 11, 2001 hysteria were almost as nothing compared to the wholesale and purposeful destruction of our society, our economy, and our freedoms that are currently happening under the direct auspices of the radical left.
please elaborate or are you just spewing meaningless leftist rhetoric ?
Maybe go learn about the Russian spy that was hired with our tax dollars
to try and decimate Trump before2016 election….shouldn’t you be demanding that Hillary be prosecuted
Well known fact: lying democrat liars, lie.
It’s a case of “some people did something “. That sound familiar?
Awesome, throw the traitors in jail
So Usurper Biden and the rest of his cabal will lead the way, then?
Show me the man and I’ll show you the crime – Lavrentiy Beria
I probably would not care for this New Mexico judge if I were to meet him.
He writes: “Mr. Griffin aided the insurrection even though he did not personally engage in violence,” Mathew said. “By joining the mob and trespassing on restricted Capitol grounds, Mr. Griffin contributed to delaying Congress’s election-certification proceedings.”
The judge may be correct that when the folks involved entered the controlled space of the Capitol, their actions were no longer protected by the First Amendment. That is a fairly rational dividing line.
Methinks that maybe the January 6 thing was a bad idea.
This ruling will be thrown out. What if somebody just wanted to go to the rally to watch the s*** show and not participate? Unfold the lawn chair and sit there and watch it all unfold before you.
yes….the leftist lunatics are on full attack, everything they accuse MAGA and other right leaning people about is what they are actually guilty of…..it’s called deflection and too many mindless leftists, that absolutely cannot and will not think for themselves, fall into believing.
Since the justification for the disqualification is written in black and white in the 14th Amendment to the Constitution it will be difficult to legislate, unlike old abortion statutes. Some reasoning for calling the January 6th insurrection a riot/protest instead of insurrection perhaps?
Again, wrong.
History and civics classes are your friends. The 14th Amendment was written specifically with Confederate Soldiers and politicians who actually took up arms against the US.
First, it has occasionally been floated and shot down as a trial balloon for just this purpose. The intent is clear, as are the writings involving it.
Secondly, no one took up arms in the riot on Jan 6. Violence, yes. Armed insurrection against the government of the US? Only in your dreams.
Only person shot Jan 6 was an unarmed protester. Apparently shot without warning, but no one can confirm since Congress is refusing to release pertinent information. Wonder why?
So this point fails, too.
Curious: are you one of these delusional nut jobs who somehow thinks a political riot is worse than 9-11?
I’m sorry but your Maddie inspired theory is like bad Swiss Cheese. Full of holes.
So, I was at the Vietnam Wall on January 6 and now I can’t run for office…….
Depends – if you’re a leftist running as a Democrat, you’ll be fine.
The judge says an insurrection is “assemblage of persons acting to prevent the execution of one or more federal laws, for a public purpose, through the use of violence, force, or intimidation by numbers.” Further, there need be no conviction; accusation or even convincing evidence of participation is sufficient. Simple presence is enough.
This is an expansive interpretation that would sweep up every person near most violent protests from BLM and ANTIFA to the civil rights riots of the 60s and 70s. If this ruling is not repudiated swiftly by the judiciary, it demands legislative repair.
Combine these Frivolous Lawsuits with BIDEN’S MAGA HATE SPEECH, and you see the future of being a Conservative Republican. Remember when Lois Lerner of the IRS drove the Tea Party underground by Auditing supposed Tea Party leaders.. Yet full blown Communists can work in the Obama administration—The CIA Director for example. How about Kamala Harris bailling out Rioters in Minnesota. FEDERAL BUILDINGS—Just as Federal as D.C.’s where Burned and Occupied in Washington State and Oregon—NOBODY CHARGED OR ARRESTED. They investigate Trump, dragging his name through the Mess / Press for over 6 years, CRICKETS for Biden.
Well, if you’re going to play with fire, you’d better expect to get burned.
Dawg, even through your THC haze you every now and again catch on to something, if ever so faintly…
Your admonition should be considered by the Fascist now in power.
Going to a political protest is playing with fire?
Really?
But I’ll go with the “logic”. When Trump or DeSantis is elected, let’s start rounding up and imprisoning ANTIFA, BLM, Janes Revenge, and all 27 people who ever went to a Biden rally.
Sometimes I really can’t tell if you are a wannabe Fascist or just someone incapable of understanding unintended consequences.
Just remember you said this when the impeachments of Biden, Myrocras (sp, I don’t care), and Garland start.
one is simply not guilty by association…anyone at Capitol on Jan 6 is not guilty of insurrection merely by being there. Leftists have continually refuse to hold individuals accountable for their actions….one bad police officer does not make all police bad-one pervert teacher does not make all teachers perverts.
try actually doing some actual rational thinking.
The quo warranto is misused in this instance. Naturally the tyrants take an instrument to be used to aid to the oppressed by wresting such instrument and misusing it to demand as a prosecutor what constitutes exactly his express authority to act and use it inappropriately as a blunt force bludgeon against the falsely accused. In this case how is a(n foreign?) Corporate, non-live non-man an accuser? Suits must be in like kind. A non-living thing cannot “accuse” a living thing? Where does a creation, corporation without a permit or business license siphoning off a living man’s means of livelihood have elevated status over the people, by the people and for the people. Such repugnant superior committee standing. Now, that would be quo warranto.
Biden’s Banana Republic of America, BRA.
Jan 6 is a total scam, like COVID. I’m in law enforcement and have watched all the video, many now gone. This was typical Antifa and Oregon Anarchist tactics. Just watch…very coordinated, all had radios, they were let in, they were led down the hallways so as not to get lost. All a big show, I’m sure the Hollywood elite had a hand in this.
Jim, remember that there is no room in heaven for the willfully ignorant. You might be able to pass yourself off as a low level intelligence officer among strangers, but the Lord is harder to screw over or be played for an idiot!
Also, remember that the devil has no use for mediocrity; so if you want a hot act in hell, you’ve got to put on a better show than what you’ve been giving us! You need to be better at your game than the protagonist in Gorky’s “The Life of a Useless Man.”
Good luck, comrade!
Totally agree with you jim
They were the same turds burning buildings in Minneapolis,Portland & Seattle. A bunch of the exact same people. Study the pictures. Notice law enforcement did absolutely nothing as usual.
One has to think, that soon being registered to vote as a Republican will subject a person to government harassment. And a tax audit at least. This whole thing will continue to divide our country. It is hard to believe that an acting administration could engage in this nonsense. Being a sore winner is a childish act. It serves no legitimate purpose.
Somebody needs to start a “Non-Cis-Gendered First Nations People Anti-Eurocentric-White-Patriarchal Non-Binary Cis-Genderphobic Pronoun-Enabling Radical Fairies for Trump” group, and watch the radical leftist extremist heads explode!
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