Court Upholds Conviction of ‘Cowboys for Trump’ Founder for Trespassing on January 6

A federal appeals court upheld the conviction of Couy Griffin, the founder of “Cowboys for Trump,” for his involvement in the January 6, 2021, Capitol breach. Griffin, a former New Mexico county commissioner, was found guilty of trespassing by entering a restricted area on the Capitol grounds, designated as such to protect then-Vice President Mike Pence during the certification of the 2020 electoral votes. Griffin’s legal arguments on appeal were rejected, and the court’s opinion further clarified the legal implications of his actions during the riot.

In March 2022, Griffin was convicted on one misdemeanor count of entering a restricted area but acquitted of a separate charge of disorderly conduct within that restricted space. The trial, overseen by a judge appointed during the Trump administration, found that Griffin was fully aware he was not authorized to be on the Capitol grounds. Despite this knowledge, he chose to remain, leading to his conviction.

Griffin’s appeal centered on his contention that the area he entered should not be considered restricted for legal purposes. He argued that the Capitol grounds are generally open to the public and that the boundaries and barriers initially set up by law enforcement had already been trampled or removed by earlier rioters. According to Griffin, this meant he could not have known that the area was still legally restricted when he entered. His defense further emphasized that the statute criminalizing his conduct required specific intent that is, that he needed to know not only that he was trespassing but also the reason why the area had been declared off-limits.

The appellate court firmly rejected these arguments. The court reasoned that the mere act of breaching a restricted area is sufficient to meet the requirements of the law, regardless of whether the individual understands why the area was restricted. The judges argued that the defendant’s reading of the statute would lead to absurd outcomes, such as allowing trespassers to escape liability as long as they entered only after someone else had removed or damaged barriers. In the court’s view, such an interpretation would undermine law enforcement’s ability to maintain security in sensitive areas and jeopardize the safety of high-ranking officials protected by the Secret Service.

The court emphasized that the Capitol grounds on January 6 were officially restricted due to the presence of Vice President Pence, who was inside the Capitol overseeing the certification process. In anticipation of his presence, law enforcement had installed multiple layers of barriers, including snow fencing, bike racks, and signage, to block public access to the area. Even though many of these barriers had been dismantled or trampled by the time Griffin arrived, the legal status of the area as restricted did not change. The court noted that individuals who saw the damaged barriers should have reasonably understood that the area was off-limits. The fact that the signage and fencing had been compromised did not give Griffin or others permission to enter.

The court also found that Griffin’s own behavior and statements on January 6 provided further evidence that he knew he was not authorized to be there. He had visited the Capitol the day before the riot, recording a video with the restricted area’s fencing and signs in the background. This demonstrated his awareness of the barriers in place. On January 6, after climbing over a stone wall marking the perimeter of the restricted area, Griffin landed on top of trampled fencing and broken signs clear indications that the area had been previously closed to the public. A reasonable person, the court argued, would have realized that entering the area was illegal, even if the physical barriers had been damaged by others.

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The evidence showed that Griffin continued to move deeper into the restricted area, fully aware of the circumstances around him. At one point, he reached the base of the inaugural stage and remarked to others, “We’re in now,” suggesting he knew the group had crossed a boundary. He even joked about wearing a face mask to hide his identity. These statements, combined with his reference to the smell of napalm, indicated that Griffin was aware of the chaos unfolding around him, including the use of tear gas by law enforcement to disperse the crowd. His acknowledgment of these events further reinforced the conclusion that he knew the area remained restricted despite the disorder.

Griffin also argued that the government failed to prove he understood why the area was restricted on January 6. Specifically, he claimed that the prosecution was required to show he knew that the restrictions were related to the presence of Vice President Pence. The court rejected this argument, clarifying that the law does not require such specific knowledge. Instead, the statute criminalizes unauthorized entry into restricted areas, particularly when those areas are designated to protect individuals under Secret Service protection. The court found that Congress intended the statute to apply broadly, focusing on the act of trespassing itself rather than the trespasser’s knowledge of the underlying security concerns.

The court reasoned that requiring proof of a specific mental state such as knowing why the area was restricted would severely limit the effectiveness of the law. This, in turn, could hinder the Secret Service’s ability to protect government officials and complicate the prosecution of individuals who knowingly enter restricted areas. The judges emphasized that the law must prioritize the protection of public officials, particularly in volatile situations, over concerns about the subjective understanding of trespassers.

In a dissenting opinion, one judge expressed concern about the majority’s approach, arguing that a clearer mental state requirement should be imposed. The dissent warned that removing the men rea element the mental state needed to establish guilt could create legal ambiguities and potentially lead to unjust outcomes. The dissenting judge suggested that requiring some degree of intent would provide a more balanced approach to prosecuting similar cases in the future.

Despite these concerns, the majority opinion prevailed, solidifying the court’s stance that the government was not required to prove Griffin’s knowledge of Vice President Pence’s presence. Instead, it was sufficient to show that Griffin knowingly entered a restricted area and remained there despite the visible signs of law enforcement efforts to secure the space. The decision underscores the importance of maintaining clear boundaries in restricted areas, especially in situations involving high-profile events and government officials under Secret Service protection.

The ruling has broader implications for how courts interpret the law in cases involving breaches of restricted areas. It affirms the principle that the government’s ability to protect officials must not be hindered by overly technical interpretations of intent. The decision also serves as a warning to those who might attempt to use confusion or chaos as a defense for their actions, reinforcing that unauthorized entry into restricted spaces carries legal consequences regardless of the trespasser’s knowledge or motives.

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This case highlights the challenges law enforcement faced on January 6, when hundreds of individuals overwhelmed barriers and entered areas that had been closed to the public. The court’s decision reflects the judiciary’s effort to hold individuals accountable for their actions during the Capitol riot, even if they did not personally engage in violence or destruction. By upholding Griffin’s conviction, the court sends a clear message that knowingly breaching restricted areas will not be tolerated, regardless of the circumstances.

The ruling also reflects a broader effort to balance public access to government spaces with the need to secure sensitive areas during critical moments. While the Capitol is typically open to the public, special security measures are sometimes necessary to protect officials and ensure the orderly conduct of government business. The court’s decision affirms the legitimacy of these measures and reinforces the idea that the public must respect boundaries established for security purposes, even when those boundaries are temporarily altered due to unforeseen events.

Griffin’s case illustrates the complexities involved in prosecuting individuals for non-violent offenses during the January 6 riot. His actions, though not as egregious as those of others who engaged in violence or vandalism, still posed a threat to the security of the Capitol and the officials inside. The court’s decision emphasizes that even seemingly minor violations, such as trespassing, can have serious consequences, especially in high-security contexts.

Ultimately, the ruling underscores the importance of accountability for those involved in the events of January 6 and highlights the legal principles that guide the prosecution of such cases. By rejecting Griffin’s appeal, the court reaffirmed the need to protect public officials and secure government spaces, even in the face of unprecedented challenges. The decision serves as a reminder that the rule of law remains paramount, and those who choose to ignore legal boundaries will be held accountable for their actions.