Appeals court upholds Jan. 6 trespassing charge, boosts chances for Supreme Court review

A federal appeals court panel on Tuesday upheld a federal misdemeanor trespassing charge against former New Mexico county Commissioner Couy Griffin, marking a significant victory for the Department of Justice’s Jan. 6 Capitol riot cases.

The U.S. Court of Appeals for the District of Columbia Circuit’s ruling reinforces the Biden DOJ’s legal foundation for more than 1,400 cases involving trespassing charges related to the riot, but it also sets up the potential for Supreme Court review should Griffin appeal the decision.

Couy Griffin, a former Otero County commissioner and cofounder of Cowboys for Trump, speaks during a gun rights rally in Albuquerque, New Mexico, on Tuesday, Sept. 12, 2023. (AP Photo/Susan Montoya Bryan)

Griffin contended that the government failed to prove he knew that the Capitol was restricted because then-Vice President Mike Pence was inside and under…

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