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sl8

(13,787 posts)
Thu Nov 17, 2022, 09:48 AM Nov 2022

Jan. 6 Rioter Barred From Holding Office For Life Under Insurrection Clause After His Appeal Is ...

https://talkingpointsmemo.com/news/jan-6-rioter-barred-holding-office-insurrection-clause-appeal-dismissed-cowboys-for-trump

Jan. 6 Rioter Barred From Holding Office For Life Under Insurrection Clause After His Appeal Is Dismissed

By Kaila Philo
November 16, 2022 10:08 a.m.

The New Mexico Supreme Court has dismissed an appeal from “Cowboys for Trump” founder Couy Griffin to overturn a decision that barred him from holding public office for life under the 14th Amendment’s Disqualification Clause.

Griffin was arrested and convicted for entering restricted areas at the Capitol on Jan, 6, 2021. At the time, he was serving as a commissioner of Otero County, New Mexico, where he was elected in 2018. But residents began pushing to have him removed from office in 2021 for a number of reasons, including allegedly using his position to promote Cowboys for Trump.

The Otero County commissioner has become notorious for trying to help former president Donald Trump undermine the 2020 election, including pushing for a “forensic audit” of the 2022 election results that never saw the light of day.

Earlier this year, three New Mexico residents, with the help of the watchdog group Citizens For Responsibility and Ethics in Washington (CREW), petitioned for Griffin to be removed from office over his active participation in the Jan. 6 insurrection. The residents alleged in the complaint that Griffin brought multiple firearms with him to Washington, D.C. and gave speeches “encouraging people to go to Washington and stop the transfer of power.” Griffin was allegedly photographed scaling a wall to get closer to the Capitol building.

[...]

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Jan. 6 Rioter Barred From Holding Office For Life Under Insurrection Clause After His Appeal Is ... (Original Post) sl8 Nov 2022 OP
Wish it was applied to rump's latest escapade EYESORE 9001 Nov 2022 #1
I agree it should apply to Donnie too BlueKota Nov 2022 #2
Nothing applies to TFG's league. jaxexpat Nov 2022 #21
It can't be applied to 45* UNTIL he's convicted of his crimes. groundloop Nov 2022 #24
Please cross post in GD malaise Nov 2022 #3
Feel free, you won't be stepping on my toes. :) nt sl8 Nov 2022 #5
Linked it back to your post malaise Nov 2022 #6
Last paragraph in article... MiHale Nov 2022 #4
Bwahaha! I've been told repeatedly that it would be overturned on appeal. It wasn't. Hermit-The-Prog Nov 2022 #7
Who told you that? He was convicted after all. Fiendish Thingy Nov 2022 #10
He was convicted of a misdemeanor; not the crime of insurrection. Hermit-The-Prog Nov 2022 #12
Isn't it more accurately defined as a disqualification clause? Fiendish Thingy Nov 2022 #14
A conviction for insurrection (or any part of 18 U.S. code, chap. 115) is up to a criminal court. Hermit-The-Prog Nov 2022 #18
He should be stripped off almost every right, too Jerry2144 Nov 2022 #8
Our sister DU'er duhneece must be thrilled. niyad Nov 2022 #9
She's had to deal with that MAGAt up close. Hermit-The-Prog Nov 2022 #13
Yes, I know. I used to spend time in the area, long before that idiot cuoy was niyad Nov 2022 #16
THIS malaise Nov 2022 #22
Where ever Couy was born, he should be sent back there. NCjack Nov 2022 #11
I doubt his mother would take him back in... erronis Nov 2022 #15
Glad he's barred for life, and also this is crappy journalism. intheflow Nov 2022 #17
Assuming he doesn't appeal to the Federal Courts. brooklynite Nov 2022 #19
I don't think he can yet grantcart Nov 2022 #25
Awesome. Now do Trump, Greene, Boebert, Cawthorn, Cruz, Biggs, Gosar... Tarc Nov 2022 #20
The cops had to step in the other day because of him causing a stink at a council meeting. BradBo Nov 2022 #23
Good precedent set for 14th Amendment enforcement FakeNoose Nov 2022 #26
Now he can moniss Nov 2022 #27
Isn't this the "the only good democrat and liberal is a dead democrat and liberal." guy? Hotler Nov 2022 #28
22 months and counting. Where is the DoJ ?? republianmushroom Nov 2022 #29

jaxexpat

(6,833 posts)
21. Nothing applies to TFG's league.
Thu Nov 17, 2022, 11:17 AM
Nov 2022

Ever since Reagan's teflonic stampede over accountability it's the unwritten rule of modern justice. Though some see it as perhaps an inheritance from Nixon's lack of accountability. So many "gates" later, here we are.

groundloop

(11,519 posts)
24. It can't be applied to 45* UNTIL he's convicted of his crimes.
Thu Nov 17, 2022, 11:52 AM
Nov 2022

While I'm hopeful that he will be, I'm not holding my breath.

MiHale

(9,734 posts)
4. Last paragraph in article...
Thu Nov 17, 2022, 10:14 AM
Nov 2022
EVERYONE SHOULD BE EQUAL UNDER THE LAW. my add.

“This is an affirmation that Section 3 of the 14th Amendment can and should be enforced against
all the January 6th insurrectionists who took an oath to defend the Constitution, whether they are current or former officeholders,” CREW senior vice president Donald Sherman said in a statement, “Today is an important day for our democracy.”

Fiendish Thingy

(15,624 posts)
10. Who told you that? He was convicted after all.
Thu Nov 17, 2022, 10:40 AM
Nov 2022

A conviction for an insurrection related offence is the likely required threshold for invoking section 3 of the 14th amendment, so the ruling makes perfect sense to me.

Fiendish Thingy

(15,624 posts)
14. Isn't it more accurately defined as a disqualification clause?
Thu Nov 17, 2022, 10:56 AM
Nov 2022

My point is, to invoke the disqualification clause, a concrete event, most likely an insurrection related conviction, is required. Otherwise it would just be up to the perception and whims of the accuser finding a friendly judge.

Hermit-The-Prog

(33,349 posts)
18. A conviction for insurrection (or any part of 18 U.S. code, chap. 115) is up to a criminal court.
Thu Nov 17, 2022, 11:08 AM
Nov 2022

It is not a prerequisite for invoking 14A, S3.

Not 'engaging in' an insurrection after having taken an oath to defend the Constitution is a qualification added by the 14th Amendment. Either you meet the additional qualification or you don't.

See previous links.

Jerry2144

(2,103 posts)
8. He should be stripped off almost every right, too
Thu Nov 17, 2022, 10:30 AM
Nov 2022

Since citizens is a public office. Yank hood right to vote and his “right” to bear penis extensions. Sorry. Auto correct keeps changing g u n s to penis extensions

niyad

(113,342 posts)
16. Yes, I know. I used to spend time in the area, long before that idiot cuoy was
Thu Nov 17, 2022, 11:03 AM
Nov 2022

there. It was strange even then.

intheflow

(28,476 posts)
17. Glad he's barred for life, and also this is crappy journalism.
Thu Nov 17, 2022, 11:06 AM
Nov 2022

"Griffin was allegedly photographed scaling a wall to get closer to the Capitol building."

No, not allegedly. That photo is what convicted him of "entering restrictive areas of the Capitol." There's nothing alleged about it.

grantcart

(53,061 posts)
25. I don't think he can yet
Thu Nov 17, 2022, 12:24 PM
Nov 2022

His appeal wasn't dismissed on material grounds but procedural.

I assume he could refile correcting what ever procedural error there was. I also assume that any federal appeal would not be heard because he can still refile in NM.

BradBo

(531 posts)
23. The cops had to step in the other day because of him causing a stink at a council meeting.
Thu Nov 17, 2022, 11:52 AM
Nov 2022

I hope the cops are keeping a close eye on this guy, he’s trouble. And can you imagine his idiot posse! A horde of rightwing dumbasses.

moniss

(4,256 posts)
27. Now he can
Thu Nov 17, 2022, 12:30 PM
Nov 2022

take his little hat and go ride his horsey all he wants. Maybe he can get together with the other "cowboys" like David Clarke and Bozo Bundy and they can ride horsey together and pretend to have shoot-outs with other "cowboys". Maybe when they get back their Mommies can give them milk and cookies.

Hotler

(11,425 posts)
28. Isn't this the "the only good democrat and liberal is a dead democrat and liberal." guy?
Thu Nov 17, 2022, 12:50 PM
Nov 2022

Hopefully he opens his mouth in the wrong place and someone shuts it for him.

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