Griffin seeks dismissal of information in federal criminal case

Couy Griffin filed a motion to dismiss the information in the federal criminal case against him for his alleged involvement in the Jan. 6 Capitol riots.

Griffin, through his counsel, filed a motion on May 12 to dismiss the information "because it fails to state valid offenses and violates several constitutional protections," the motion states.

Griffin, who serves as District 2 Otero County Commissioner, was arrested on Jan. 18 on charges of knowingly entering or remaining in any restricted building or grounds without lawful authority relating to his participation in the Jan. 6 Capitol riots. Griffin never entered the Capitol Building but was in an area where the public was not allowed that day.

Griffin, through his counsel Nicholas D. Smith, claims the charge about Griffin being on a restricted area at the U.S. Capitol complex on Jan. 6 based on Griffin not entering the Capitol Building. Griffin was on the west steps of the Capitol Building which was a restricted area at the time.

"That charge should be dismissed for the simple reason that the government concedes that Griffin did not enter the Capitol Building on January 6," the motion states. "But even if it had charged that Griffin violated § 1752 by 'entering' the west front of the U.S. Capitol steps, the charge would still require dismissal."

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The motion states that subsection 1752 is 50 years old and too vague for this case and others like it.

"The Information should be dismissed as it does not state § 1752 offenses," the motion states. "The government’s statutory construction would lead to absurd results unintended by Congress. As applied to Griffin, the government’s interpretation of § 1752 is also void for vagueness, requiring dismissal under the Due Process Clause of the Fifth Amendment to the Constitution, particularly in the context of Griffin’s political speech, assembly and petitioning of the government for a redress of grievances."

The referenced statute is from U.S. Code, Title 18, section 1752 that describes what is prohibited on restricted buildings or grounds and what happens to those who violate the subsection.

Punishments include a fine and jail time.

No hearings have been set to discuss the motion as of May 13.

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