U.S. Government responds to Griffin motion to dismiss Capitol Riot case

The federal trespassing case against Otero County Commission Vice-Chairman and Cowboys for Trump co-founder Couy Griffin reached another milestone.

The U.S. Government, the plaintiff in the case, filed a response on May 26 to Griffin's second motion to dismiss the case.

The first motion to dismiss was denied as moot by Judge Trevor N. McFadden on May 18.

The Government's response requested another another dismissal.

Court documents filed in the case described the events of Jan. 6 in which Griffin participated which contradicted arguments by Griffin that he did not knowingly trespass onto federal property.

Griffin's motions to dismiss stated that the Government "fails to state valid offenses and violates several constitutional protections," the motions state.

Those motions state Griffin's case should be dismissed since U.S. Code, title 28, subsection 1752 violations were not specifically stated.

"The Defendant principally contends that the Information is defective because it was required to—but did not—allege that the United States Secret Service designated the “restricted area” into which the Defendant is alleged to have unlawfully entered," the response states. "That contention is incorrect because Section 1752’s plain text includes no such requirement. That straightforward interpretation does not, as the Defendant suggests, render the statute vague, ambiguous, or an impermissible ex post facto law."

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Griffin's defense stated he never entered the U.S. Capitol Building. 

"The United States Capitol Police (USCP), with sole authority over security on the Capitol grounds, set up security barriers on the Capitol grounds," the government's response states. "On the west side of the Capitol, USCP set up metal bike rack barriers along First Street. Within the West Front of the Capitol building, USCP set up additional temporary metal barriers, green snow fencing, and signage stating, 'Area Closed By order of the United States Capitol Police Board'. The Lower West Terrace on the West Front was closed to members of the public."

Griffin was filmed leading a prayer in the west steps of the U.S. Capitol building which was closed to the public at the time.

Griffin's videographer Matt Struck provided video clips to law enforcement showing the events of the Jan. 6 and Griffin's part in them. The videos show the barricades, some in place and other having been moved, the response states.

The Government's response includes screengrabs which show Griffin appearing to climb over barricades at the U.S. Capitol on Jan. 6. 

"In Struck’s footage, the Defendant climbed over the stone wall," the response states. "The Defendant entered the lawn on the west front of the Capitol, which was within the restricted area. Based on the video footage, at the time the Defendant entered the lawn, the rioters had not entered the Lower West Terrace. As the Defendant walked up the lawn, chanting with the crowd, he turned to another individual and stated, 'This is our house (audio unintelligible) we should all be armed.' The Defendant then climbed over a metal barricade leaning against the stone wall surrounding Lower West Terrace, where rioters had pushed past the USCP officers and barricades."

Eventually, Griffin, Struck and others got to the Inauguration platform where Griffin spoke to the crowd below from a bullhorn, the response states.

Griffin initially began to lead a prayer before joining the crowd's chant of "Free the People," the response states.

Griffin was arrested on Jan. 18 on a charge 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 did not enter the U.S. Capitol building.

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