AlamogordoTownNews.com Couy Griffin Removal What is Next, Couy Upset with Sheriff Black

Otero County Commissioner Couy Griffin and Otero County made history today with a ruling in the lawsuit that was filed to remove Commissioner Griffin from office.  

According to today’s ruling, Griffin qualifies for removal as per Section 3 of the 14th amendment and participation in a rebellion or insurrection against the government of the United States and the peaceful transition of power of the presidency.

Text of the amendment:

“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

Interpretation is that no person can be a Senator, Representative, Elector or officer of the United States — or United States military officer, or member of a State Legislature, or a Governor, or a judge of any State — if they took an oath to support the Constitution and then took part in a rebellion against the United States or gave aid and comfort to the enemies of the United States. But Congress can change this with two ­thirds vote.

A History Lesson of how Republicans enacted the 14th Amendment Section 3:

This is a section of the constitution that dealt directly with the aftermath of the Civil War, section 3 of the 14th Amendment prohibits those who had “engaged in insurrection or rebellion against the same [United States] or given aid or comfort to the enemies thereof” from serving in the government. It was designed to keep the governments free of those who had broken the country apart. However, its effect wound up being relatively minor, that is until this trial.

Due to the obscure cases around the use of this amendment this may make an interesting case that could go all the way to the US Supreme Court as a precedent setting case. Even more interesting is the precedent this case could indeed set for future generation. The application of this portion or amendment to the constitution has not been reference or used in a case in more than 150 years. 

If this ruling stands up on appeal, it sets a significant precedent for the next election cycle,” said Gerard Magliocca, a constitutional scholar at Indiana University who has studied Section 3 of the 14th Amendment. “After all, if Couy Griffin is disqualified from holding office for his role in Jan. 6, then shouldn’t Donald Trump be disqualified for his even greater role in Jan. 6th?” Of course the difference is Couy had a conviction tied for his acts while on the “Capitol Grounds” while his conviction was a misdemeanor it was a conviction no less around the issues of rebellion or insurrection.

Magliocca said the issue could arise in a number of ways moving forward and is ripe for the Supreme Court to litigate before Trump might run for and potentially win the presidency in 2024.

Section 3 of the 14th amendment has been called “the most forgotten provision of the forgotten Fourteenth Amendment.” Congress last used Section 3 of the Fourteenth Amendment in 1919 to refuse to seat a socialist Congressman accused of having given aid and comfort to Germany during the First World War, irrespective of the Amnesty Act.

Interesting fact is the amendment was drafted by Republican members of the Thirty-Ninth Congress.

Republicans when setting out the conditions for restoring former confederate states to the Union demanded, in rough order of priority, a constitutional change in the basis of apportionment (Section 2), constitutional provisions respecting the state and federal debt (Section 4), constitutional or statutory provisions limiting confederate participation in politics (Section 3), constitutional or statutory provisions protecting the rights of former slaves and white Unionists (Section 1), and a constitutional ban on secession that did not become part of the final Fourteenth Amendment.

Couy Griffin was indeed removed from office today. He claimed in a radio interview with Anthony Lucero on KALH this afternoon that he received a call from the Otero Couty Manager telling him he was “officially removed from office, that his office security code had been changed, his computer access stopped and that his no longer was a serving commissioner.”

Mr. Griffin apparently was pretty upset with Sherrif Black according to statements he made to KALH saying, “Probably the thing that gives me the most heartburn is that Sherrif David Black said yes totally enforce everything and that he stands behind this order…”

Griffin continued, “it’s a shame, it’s totally just a shame they can do this through the civil courts and a liberal judge in Santa Fe can take away the will of the people of Otero County and now the Governor is going to hand select whoever is going to replace me, for the next 3 and a half months, and Pamela told me on the phone, when I said what about this next commission meeting? She said we will do it with 2 commissioners… “

Couy still believes that the judge is outside of his jurisdiction.

Joshua Beasley the chairman of the Republican Party of Otero County, never contacted AlamogordoTownNews.com back with a statement but gave one to Anthony Lucero in which he said, “ I was hoping for otherwise, you know, January 6th was far from insurrection, there was bad behavior for sure on both sides but it was far from an insurrection but when the courts are overrun with people who are working against the will of the people it is not surprising.”

Amy Barela, the frontrunner in the campaign to replace Couy Griffin in the election planned for November of this year responded, “I don’t know what to say, my heart is broken for Couy.”

KALH also reached out to the Democratic Candidate to replace Couy Stephanie Dubois, her response was, “It is always a sad thing regardless of if we agreed with him or disagreed with him, it’s a sad thing to see an elected official to have to leave not under his own steam.”

The Oter County Democratic Chairman, Jeff Swansons response was, “those who intimidate voters, engage in in insurrections and conspiracy behaviors will be held accountable.”

What’s Next:

There are 3.5 months left in the term of Couy Griffin and at present District 2 is now unrepresented and without a commissioner. State law says that the Governor could pick a person to fill the position. If that were to occur that would be the first time that has occurred since the days of a territorial governor based on the research, we have found to date. 

Given its a Democratic Governor one would think the odds-on favorite would be Ms. Dubois to complete Mr. Griffins term. 

However, the Governor has taken a hands-off approach to Otero County when it comes to other vacancies. There is a vacancy for magistrate in Otero County that could have been temporarily filled by the governor.

A recommendation letter was sent to the Governor to fill that role with Reverend Warren L Robinson, until the November election by appointment, however the Governor has eft the position vacant to date. Will she continue that path with a hands-off approach to Otero County or will she act?

Couy Griffin is likely to appeal this court ruling. He entered this case with no representation and attempted to defend himself. Given the ruling and the precedent it could set on the national stage, odds are, representation will step up, as this case could end up eventually going before the US Supreme Court do it its very unique nature. 

How odd that a case in New Mexico of a former Rodeo Cowboy Actor, Couy Griffin, would gain such notoriety and possibly be precedent setting.  Politics locally gives new meaning to the slogans “Exclusively Alamogordo” or “Exclusively Otero County.”

To hear the complete interview on KALH by Anthony Lucero click on the news link…
https://kalh.org/news/

AlamogordoTownNews.com Day Two Recap of Trial to Remove Cowboys for Trump Founder/Otero County Commissioner Couy Griffin

Day two of the trail to remove Cowboys for Trump Founder and Otero County New Mexico Commissioner Couy Griffin from office proceeded today into a second day of expert testimony on why he qualifies for removal as per Section 3 of the 14th amendment and participation in a rebellion or insurrection against the government of the United States and the peaceful transition of power of the presidency.

Text of the amendment:

“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

Interpretation is that no person can be a Senator, Representative, Elector or officer of the United States — or United States military officer, or member of a State Legislature, or a Governor, or a judge of any State — if they took an oath to support the Constitution and then took part in a rebellion against the United States or gave aid and comfort to the enemies of the United States. But Congress can change this with two ­thirds vote.

A History Lesson of how Republicans enacted the 14th Amendment Section 3:

This is a section of the constitution that dealt directly with the aftermath of the Civil War, section 3 of the 14th Amendment prohibits those who had “engaged in insurrection or rebellion against the same [United States] or given aid or comfort to the enemies thereof” from serving in the government. It was designed to keep the governments free of those who had broken the country apart. However, its effect wound up being relatively minor, that is until this trial. 

Due to the obscure cases around the use of this amendment this may make an interesting case that could go all the way to the US Supreme Court as a precedent setting case. 

Section 3 of the 14th amendment has been called “the most forgotten provision of the forgotten Fourteenth Amendment.” Congress last used Section 3 of the Fourteenth Amendment in 1919 to refuse to seat a socialist Congressman accused of having given aid and comfort to Germany during the First World War, irrespective of the Amnesty Act.

Interesting fact is the amendment was drafted by Republican members of the Thirty-Ninth Congress.

Republicans when setting out the conditions for restoring former confederate states to the Union demanded, in rough order of priority, a constitutional change in the basis of apportionment (Section 2), constitutional provisions respecting the state and federal debt (Section 4), constitutional or statutory provisions limiting confederate participation in politics (Section 3), constitutional or statutory provisions protecting the rights of former slaves and white Unionists (Section 1), and a constitutional ban on secession that did not become part of the final Fourteenth Amendment.

The first version of Section 3 was born in chaos. On Wednesday, April 25, 1866, the Joint Committee on Reconstruction reached agreement on an omnibus Fourteenth Amendment. The centerpiece of that text was the provision mandating black suffrage by 1876. The Republicans on that committee immediately learned from their peers that this provision would not fly. Desperate to produce an amendment by Monday, April 30 the Joint Committee hastily cobbled together a new omnibus draft on Saturday, April 28. The centerpiece of that text was Section 2, which the Republican members of the committee thought would induce former confederate states to accept black suffrage by reducing state representation in the House of Representatives and Electoral College in proportion to disenfranchised males over 21. Section 2 of the new omnibus text could not be implemented until after the next census. To ensure loyal control of state governments until that time, the Joint Committee added Section 3, which disenfranchised until July 4, 1870, all persons who gave “aid and comfort” to the rebellion.

The second version of Section 3 was reared in secret. The Joint Committee’s Section 3 engendered substantial debate among Republicans in Congress. Republicans disputed how that provision would be implemented and whether that provision would be effective. In mid-May Republican Senators held a three-day caucus to resolve disputes over Section 3 (and Section 2). We know the subjects of that caucus (largely Section 3), but not the details of what was said. No one leaked then or later in memoirs. 

When that caucus ended, Senator Jacob Howard of Michigan proposed, with a few tweaks, the Section 3 we have today.

That Section 3 replaced temporary disenfranchisement with a permanent officeholding ban (both federal and state) while limiting the subjects of the ban to persons who, holding certain offices, had previously taken an oath to support the Constitution. Republicans fell in line immediately. Party members responded to Democratic criticisms but did not discuss the meaning of the Republican Senate Caucus’s Section 3 or how to best implement that provision.

Republicans assumed the constitutional problems the Fourteenth Amendment was meant to solve would largely vanish once either white Unionists or a biracial coalition of white Unionists and former slaves controlled southern governments and sent loyal representatives to Congress. Section 3 would, of course, apply to any future insurrection. Nevertheless, Republicans were focused almost exclusively on preventing confederates from regaining power. They did not concern themselves with what might constitute a future insurrection once the slave power had been permanently interred.

Yet here we are today…

Yet here we are today, in a court case that’s roots are spun from the American Civil War, in a battle to define what is an act of rebellion or insurrection and to answer the question of should a local county commissioner from a small poor county in New Mexico be removed from office for participation in what most have defined as an act of rebellion against the transition of power from former President Trump to President Biden. 

Should Couy Griffin, an Otero County Commissioner be removed from office and barred from ever holding office again per article 14 Section 3?

The plaintiffs today, called law professor and expert on the 14th amendment, Dr. Mark Graber, to the stand to outline the definition of treason and an insurrection under the amendment, and how Griffin’s actions play into that.

Griffin: In your own opinion, is that a violation of my oath?

Dr. Graber: “Yes. Again, let’s go through the elements. You were acting in concert with other people, you marched with them, that’s what the tapes clearly show. You had a purpose, to prevent the certification of Joe Biden to be president.”

Dr. Graber investigated the insurrection and Griffin’s role in it. Under oath, he shared his three big findings: January 6, 2021 was an insurrection, people responsible for writing Section Three of the 14th amendment back in the 1800s would say it applies to county commissioners, and that they would view Griffin’s actions on July 6th as participating in insurrection.

Griffin, who is representing himself, argued he went to Washington D.C. that day as a private citizen and not in an official capacity. 

Like Monday, Judge Francis Mathew had to step in to keep proceedings on track.

Griffin: Your honor…the witness doesn’t need to be trying to put what I was thinking and what I was doing, this is my time with the witness and what I was doing there.

Judge Mathew: He’s answering your question.

Griffin: He’s making accusations all the same.

Next on the stand was Dr. Rachel Kleinfeld, an expert on political violence who also helped the select House committee investigate the insurrection. She testified that Griffin was an insurrectionist.

In cross-examination, Griffin said that was her opinion.

Toward the end of the day the dialog would make Griffin appear defeated. He mentioned maybe he should have had witnesses for his side. In the end the judge will decide. Today marked the end of testimony. Hundreds of pages of expert witness findings and cross examination that were humorous at time considering the seriousness of the charges and the potential precedent of this trial.

The closing arguments are not verbal but are to be submitted to the judge by August 29th. The judge is said he will rule within 10 days of receipt of those closing arguments.

Prologue:

The most bizarre twist of this whole affair is that an alleged staunch Republican, Commissioner Couy Griffin, has the potential of being removed from office, by an obscure piece of the constitution, that dates back to the civil war, sponsored by Republicans, to protect the United States Government from Confederate leaning elected officials from serving in office. 

The joke on us, in poor, played, Otero County, New Mexico is that the average Joe American is footing much expense with this whole judicial affair; it is game of brinksmanship on constitutional theory, that could impact the lowest to highest levels of power in this nation.  

Mr. Griffin and those that filed the lawsuit are all pawns in a game of constitutional theory being played out in what could evolve into a big-league US Supreme Court, precedent setting case that could impact the political landscape of this nation for decades at every level – city, county, state and national. 

This case getting national attention and being defended by a lone commissioner without an attorney is the big leagues, playing the little guy, into shaping the Republican Party to Retake Republicanism or to allow it to continue its present course, thus allowing an evolution, of power to fill the vacuum of discontent in a way we nor our founding fathers ever would have imagined.

Some say pray for America, others say Retake Republicanism, I suggest being diligent, vote, participate and educate oneself with constitutional facts verses the false narratives, get back to civics education, actually read and understand the constitution, then diligently look at those elected and ask yourself, “does he or she actually represent the values and intent of the founding fathers and that of the constitution for which we are all sworn?” 

Let’s put ego aside and reengage in the art of compromise and citizenship and respect for one another. 

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AlamogordoTownNews.com Otero County, New Mexico Commission votes NOT to fund Couy Griffin Defense

The Otero County Commission met in special session for 31 minutes Friday morning July 1st to discuss a motion presented by Couy Griffin for the county to pay his legal expenses in a lawsuit filed against him for his removal from office.

The decision was made after 30 minutes of Mr. Griffin pleading his case and comments from the public. Some public comments were a bit aggressive as was Mr. Griffin in defense of his action.

After 13 minutes of dialog, the motion to vote was attempted to be called for by the commission chairwoman Vickie Marquardt at the special meeting July 1.  She then allowed Mr. Griffin to continue to defend himself in dialog and allowed a few public comments.

Mrs. Vickie Marquardt then made the formal motion for a vote after 30 minutes of dialog and seconded by Commissioner Matherly.  The meeting adjourned after 31 minutes.

The proposal to fund Mr. Griffin defense failed based on concerns of violating New Mexico’s and the County’s own anti-donation clause. The New Mexico Anti-Donation Clause states that “neither the state nor any county, school district or municipality… shall directly or indirectly lend or pledge its credit or make any donation to or in aid of any person, association or public or private corporation.”

quo warranto lawsuit was filed by Marco White, Mark Mitchell and Leslie Lakind naming Griffin’s participation in the Jan. 6 riot in Washington, D.C. as grounds for his removal from office.

A record of the motions of the lawsuit is found at

https://dockets.justia.com/docket/new-mexico/nmdce/1:2022cv00284/473159

The actual complaint document can be found at

On Jan. 17, 2021, Griffin was arrested on a federal trespassing charge for entering and remaining in a restricted building. He was found guilty and was sentenced June 17 to 14 days’ time served, $500 restitution, a $3,000 fine, community service and one year of supervised release.

In a statement to fellow Commissioners, he denied any connection to the riot.

“This lawsuit is to remove me from my capacity as county commissioner and prevent me from running for county commissioner, too on the basis that I was part of an insurrection in Washington, D.C. in which I haven’t been charged or convicted of anything of the sort,” Griffin said.

Commission Couy Griffin said he called the meeting after Otero County Attorney R.B. Nichols declined to give Griffin a public statement as to why Otero County could not provide Griffin with legal representation in the matter. 

Nichols said that “only the Otero County Commission can issue official County statements.”

“I can provide advice to the Commission on how they should do something, but an official County position comes from the county commission,” Nichols said.

Both the law firm of Mynatt Martínez Springer and the New Mexico Association on Counties advised against Otero County providing legal representation to Griffin, Nichols said.

Griffin’s legal issues are mounting as he is also in an ongoing legal battle over orders to register Cowboys for Trump, an organization he founded, as a political action committee. 

A jury trial in the criminal case against Griffin for his alleged failure to register Cowboys for Trump as a political action committee is scheduled to begin Sept. 19. In July 2020 an arbitrator chosen by Cowboys for Trump agreed with New Mexico Secretary of State Maggie Toulouse Oliver that Cowboys for Trump fell under the jurisdiction of the Campaign Reporting Act and should be registered as such. Griffin and the organization were ordered to file delinquent expenditure and contribution reports beginning in 2019 and to pay $7,800 in accrued fines.

Couy Griffin as a part of his statements today mentioned, “he too was disappointed in President Trump that he was not getting support from the president but would rather have support from the county.” He claimed he had been, “fed to the wolves, referred to several members of the public as tyrannical Marxist and condemned mass media for failure of support.” He said, “he respects the decisions of the County Commission and the courts and believes God is on his side.”

The commission adjourned without funding his lawsuit.

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AlamogordoTownNews.com Settlement Agreement Executed between EchoMail and Otero County

As thousands of travelers trapse the byways to come enjoy the beauty of Otero County and Alamogordo this weekend, and the spectacle of the Thunderbirds and other awesome displays of military pride at Holloman Airforce Base’s Air Show, the murmurs of spectacle also are running amuck around Couy Griffin and a planned Monday May 9th “Special Meeting” of the Otero County Commission. 

In a news article released by The Paper, Tierna Unruh-Enos is the publisher at The Paper.

In an article Published May 5th, 2022, at 2:27 pm it suggests that “EchoMail has canceled the contract with the county and finds NO Election Fraud.”

“The “audit” of the 2020 general election in Otero County is facing a setback. According to the Otero County Attorney RB Nichols, the software company EchoMail has canceled the contract with the county. EchoMail was given the contract by Otero County at the urging of a volunteer group of citizens called the New Mexico Audit Force. The group is led by former NMSU professor David Clements and his wife Erin Clements.

In January, the Otero County Commission approved an election audit contract of $49,750 with EchoMail. The EchoMail software has been used in other election audits such as the ones in Maricopa County, AZ, led by the Cyber Ninjas. Election officials in Maricopa disputed nearly every claim found in the audit.

Contract for Services Not Rendered

EchoMail received its first payment of $24,875 from Otero County in February per the terms of the contract. On March 17, the House Congressional Oversight Committee launched an investigation into the Otero County audit and the EchoMail contract. That same day, EchoMail demanded that the balance of the contract be paid in full after turning in a 13-page document of charts and graphs with no actual analysis. The County disputed the claim, saying that they didn’t receive the services they paid for. On April 15, EchoMail returned $15,125 to the county and canceled the remainder of the contract.

Legal documents show that EchoMail contended that it had completed its contract and found no election fraud as a result of its services.

County Commissioner Couy Griffin has scheduled a special commission meeting on Monday, May 9 to discuss the audit — and to propose getting rid of voting machines in the county.”

Questionable Donations

Since the cancellation of the contract, New Mexico Audit Force has been left to its own devices to complete the audit and analysis on its own. They are not contracted by the county, nor are they a registered business in the state of New Mexico.

Couy Griffin has already gone on the defensive with a tweet to discredit the story and promising a spectacle at Monday’s Commission meeting.

In the meantime, the commission needs to tread lightly to prevent the county from having to expend taxpayer funds to defend its actions in hearings before the courts and or before Congress. 

As the Santa Fe New Mexican has reported, “Complaints of harassment and intimidation by volunteers going door to door in Otero County as part of a group that says it’s auditing the county’s 2020 presidential election results prompted Secretary of State Maggie Toulouse Oliver and Attorney General Hector Balderas to issue a voter risk advisory”

Otero County is under investigation after spending $50,000 on election audit by various legal entities and may have to defend its actions in court or via fines.

In the US Congress the House Oversight Committee has launched an investigation into a partisan ballot review in Otero County, New Mexico, where an “audit force” is going door to door and questioning voters.

The Committee is investigating whether the company’s audit and canvass in New Mexico illegally interferes with Americans’ right to vote by spreading disinformation about elections and intimidating voters,” House Oversight Committee Chairwoman Carolyn Maloney, N.Y., and Jamie Raskin, Md., the chairman of the subcommittee on civil rights and civil liberties, wrote in a letter addressed to V.A. Shiva Ayyadurai, the founder of EchoMail.

According to an article released today by Daily Beast; “The audit came under state and federal scrutiny after EchoMail’s CEO and allies were found to have promoted wild election conspiracy theories. But after a financial dispute with the county, EchoMail packed its bags up early.

“EchoMail fulfilled their obligations under the Contract and found No Election Fraud as a result of their services,” EchoMail’s attorney told The Daily Beast via email.”

All the rhetoric aside; the facts are that a Settlement Agreement has been executed between the County of Otero, New Mexico and EchoMail signed by the CEO of EchoMail and the County Chairperson of Otero County.

A Settlement Agreement has been executed by EchoMail and Otero County ending the relationship and with a demand for a refund for failing to deliver services agreed upon. 

A copy of the signed and executed settlement agreement is contained below…

https://agendasuite.org/iip/otero/file/getfile/23035

Let’s hope Monday’s Special Commission Meeting does not become the national news spectacle that it potentially could. 

Let’s hope rhetoric is kept at bay and the real spectacle reported is the results of a successful Air Show this weekend with 1000’s of happy shoppers spending many dollars in Otero County and contributing positively to growth and prosperity of this beautiful community. 

Let’s put our best foot forward daily, for a county that works together for mutual prosperity, and happiness, where positivity prevails, so too comes integrity in governance and in its people. 

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