Court Upholds Conviction of Cowboys for Trump Founder for Capitol Trespassing

The federal appeals court in Washington, D.C., upheld the conviction of Couy Griffin, the founder of Cowboys for Trump, on Tuesday, affirming his trespassing conviction for entering a restricted area of the U.S. Capitol during the January 6, 2021, insurrection. The court ruled that rioters did not need to be aware that the Secret Service was protecting then-Vice President Mike Pence when they breached the restricted area.

This decision is significant as it strengthens the legal framework governing federal protections for public officials, clarifying the law surrounding trespassing in areas designated for the protection of these officials. “The basis of the Secret Service’s authority to prevent access to designated areas for the safety of its protectees … need not be in the mind of the trespasser,” stated D.C. Circuit Judge Nina Pillard in the court’s opinion.

Griffin, a local official from New Mexico, was convicted of two misdemeanors, including trespassing, after he jumped over a stone wall to access the inauguration stage at the Capitol. He received a sentence of 14 days in jail and a year of supervised release. The court rejected Griffin’s argument that the statute required proof that he knew a Secret Service protectee was present at the Capitol when he entered the restricted grounds.

“In [Griffin’s] view, the statute also requires proof that he knew why the Capitol grounds were so restricted when he entered or remained there,” Pillard noted. “We decline to adopt such a rule. Griffin’s approach would surely hinder the Secret Service’s capacity to handle the full range of potential threats.”

Griffin may continue to contest his conviction through further appeals, potentially reaching the U.S. Supreme Court, which has shown interest in reviewing legal interpretations related to the Capitol riot. Previously, Griffin attempted to appeal his removal from his elected position as a New Mexico county commissioner, but the Supreme Court declined to hear his case seeking reinstatement.

The three-judge panel included one dissenter, Judge Greg Katsas, a Trump appointee, who argued that prosecutors should have to demonstrate that Griffin was aware of the seriousness of the restricted area and the presence of Pence. Katsas emphasized that a trespass threatening the safety of the President or Vice President carries greater culpability than a simple trespass.

“Trespassers unaware that someone like the President or Vice President is present are much less likely to pose a threat to those officials than individuals who knowingly trespass into an area restricted to protect them,” Katsas wrote. He pointed out that among the 470 trespassing convictions secured against January 6 rioters, trial judges in D.C. have varied in their interpretations of the knowledge required regarding Pence’s presence at the Capitol.

Griffin’s case continues to reflect the ongoing legal complexities surrounding the January 6 Capitol riot and its aftermath.