Griffin continues request for dismissal of federal trespassing charge

In the latest legal filings in Couy Griffin's federal trespassing case, Griffin alleged the U.S. Government did not prove that the U.S. Secret Service set up barriers Griffin was alleged to have crossed during the Jan. 6 Capitol Riots.

On June 1, Griffin, through his counsel Nicholas D. Smith, submitted a reply supporting a second amended motion to dismiss the federal criminal case against him.

The Government's response included screenshots from video which show Griffin climbing over what appear to be remnants of metal barricades set up around the U.S. Capitol on Jan. 6.

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Griffin was arrested on Jan. 18 for allegedly violating U.S. Code Title 18, Subsection 1752.  He was arrested 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.

Subsection 1752 states that "the term 'restricted buildings or grounds' means any posted, cordoned off, or otherwise restricted area...of a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting...The term 'other person protected by the Secret Service' means any person whom the United States Secret Service is authorized to protect...when such person has not declined such protection."

Griffin did not deny he was present in Washington, D.C. on Jan. 6 and on the Capitol grounds during the riot.

Griffin posted a video to the Cowboys for Trump Facebook page, which is no longer available, in which he said that he climbed up to the west facing steps, an area the government said was within the restricted area. The Government's response stated that the U.S. Capitol Police closed off the restricted area.

Griffin told the Alamogordo Daily News after the riot that he was within view of where President-Elect Joe Biden was expected to sit during the Jan. 20 Inauguration.

Griffin, in the court documents, said he was targeted "because the government loathed him and his politics" and that other people who were standing near him on the west side Capitol steps that day were not charged.

Griffin also filed a notice referencing the Christopher Kelly case where the Government moved to dismiss since Kelly did not enter the Capitol Building.

"Since this development followed briefing on Griffin’s motion to dismiss, Griffin respectfully requests that the Court take it into account in considering his arguments concerning arbitrary enforcement of § 1752, in light of the government’s concession that Griffin did not enter the Capitol Building," the notice states.

Griffin is the District 2 Otero County Commissioner and serves as Otero County Commission Vice Chairman. He is also co-founder and spokesman for the political advocacy group Cowboys for Trump.

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

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