New Mexico
Related: About this forumJan. 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-trumpBy 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 Amendments 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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EYESORE 9001
(27,454 posts)Sorry, Donnie, youre disqualified.
BlueKota
(3,382 posts)jaxexpat
(7,630 posts)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
(12,136 posts)While I'm hopeful that he will be, I'm not holding my breath.
malaise
(277,499 posts)Thanks
sl8
(16,223 posts)malaise
(277,499 posts)MiHale
(10,644 posts)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.
Hermit-The-Prog
(36,462 posts)Fiendish Thingy
(18,056 posts)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.
Hermit-The-Prog
(36,462 posts)14th Amendment, Section 3 is not a penalty for a crime, it is an additional qualification of office.
https://www.citizensforethics.org/news/analysis/the-couy-griffin-case-frequently-asked-questions/
https://www.citizensforethics.org/wp-content/uploads/2022/09/D101CV202200473-griffin.pdf
See especially p. 34 of the ruling, p. 37 of the pdf.
Fiendish Thingy
(18,056 posts)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
(36,462 posts)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
(2,589 posts)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
(119,311 posts)Hermit-The-Prog
(36,462 posts)niyad
(119,311 posts)there. It was strange even then.
NCjack
(10,295 posts)erronis
(16,744 posts)intheflow
(28,840 posts)"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.
brooklynite
(96,882 posts)grantcart
(53,061 posts)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.
Tarc
(10,564 posts)...etc...etc...
BradBo
(630 posts)I hope the cops are keeping a close eye on this guy, hes trouble. And can you imagine his idiot posse! A horde of rightwing dumbasses.
FakeNoose
(35,386 posts)moniss
(5,451 posts)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
(11,985 posts)Hopefully he opens his mouth in the wrong place and someone shuts it for him.