Couy Griffin released from pretrial detention after being held on Capitol riot charges

Otero County Commission Vice-Chairman and Cowboys for Trump Founder Couy Griffin, 47 of Tularosa, was released from a federal prison Friday.

Griffin's request for release was heard during a motion hearing Feb. 5. He was being held on charges related to his participation in the Jan. 6 Capitol riots for which he was charged with knowingly entering or remaining in any restricted building or grounds without lawful authority.

Griffin was released on the condition he appear in court as ordered, including a Feb. 8 preliminary hearing in front of U.S. Magistrate Judge Robin Meriweather.

He is also required to maintain weekly phone calls to D.C. Pretrial Services Agency, and notify the agency of any travel within the continental United States. He is not permitted to possess a firearm, destructive device or other weapon during his release and he also cannot possess narcotics or other controlled substances.

Nicholas Smith, legal council for Griffin, filed for a pretrial detention instituted Feb. 1 by federal Magistrate Judge Zia Faruqui to be revoked.

Smith argued that Griffin's detention was contrary to the Bail Reform Act and that Griffin was neither a flight risk nor was there evidence that Griffin would "obstruct justice or threaten, injure or intimidate a prospective witness or juror," the motion states.

On Feb. 3, Assistant United States Attorney Janani Iyengar filed an opposition to Griffin's request for the pretrial detention to be revoked.

In it, Iyengar agues that based on Griffin's statements before and after the events of Jan. 6, Griffin does not respect the government's authority or the rule of law.

"These beliefs bear directly on the Defendant’s willingness to abide by the conditions of his release and his willingness to return to court," the document states. "In addition to participating in a riot to stop the certification of the Electoral College vote, the Defendant made several statements during and after the riot indicating that he does not respect the authority of the government or the laws of the United States of America."

Smith argued other defendants in similar cases related to the Capitol riots of Jan. 6 have been released on bail, though Iyengar said those cases are being handled on a case-by-case basis. 

"Magistrate Judge Faruqui’s decision to detain the defendant was not based on the Defendant merely 'quarreling' with the outcome of the presidential election," Iyengar stated. 

"Instead, the Court’s decision was based on the statements the Defendant made at the riot and following the riot. These statements demonstrated that the Defendant did not just 'quarrel' with the outcome of the election, but, unlike other defendants who have been released in these cases, was willing to use violence to prevent President Biden’s inauguration."

At the time of his detention, Faruqui said Griffin had no ties to Washington, D.C. making him a flight risk, and said her decision to detain him was influenced by Griffin's own statements insinuating violence during the inauguration. 

"Griffin is charged with a misdemeanor trespassing offense, not the attempted violent overthrow of government," Smith wrote in a response to the court Feb. 4.

"Every day courts in this country find some conditions of release that will assure the appearance even of those accused of extremely violent crimes or those with few ties to the country. Mr. Griffin’s is a far easier case."

Smith said the criminal complaint against Griffin - mainly that her client did not refuse a COVID-19 test or refuse to speak to Faruqui as was widely reported following his detention.

Griffin has admitted to being present at the west entrance of the Capitol building during the riot, though he has claimed to be merely a spectator and not a participant.

The Capitol riots resulted in five people being killed including Capitol Police officer Brian D. Sicknick.

Nicole Maxwell can be contacted by email at nmaxwell@alamogordonews.com, by phone at 575-415-6605 or on Twitter at @nicmaxreporter.