AlamogordoTownNews.com: Couy Griffin Files an Appeal of his Ban from Public Office & Other Pending Cases Update

Couy Griffin, ousted Otero County Commissioner is by far the most prolific of local leaders to gain national attention.  He raised his profile to the national stage in creating “Cowboys of Trump” and a fire and brimstone style of ideological propaganda that the masses embraced for a period of time. Now they appear to be tiring of the rhetoric and the negative press. 

His base however continues to rally around his fight against “Santa Fe” and the “left” as witnessed by his most recent fundraising appeal which has raised $16,541 of a goal of $50,000.

From his pulpit of the Otero County Commission, he led a variety of conversations and debate, from participation in the alleged insurrection, to being an election results denier. 

Mr. Griffin gained national notoriety and took that notoriety onto the speaking circuits. His brand has been used by higher profile personalities around the nation who have profited off of his trials and tribulations to the toon of thousands of dollars.  Yet he is forced to defend himself in the judicial process.

Couy Griffin on Tuesday notified the high court of his intent to appeal. The ruling against Griffin this month from a Santa Fe-based District Court was the first to remove or bar an elected official from office in connection with the attack on the U.S. Capitol building that disrupted Congress as it was trying to certify President Joe Biden’s 2020 electoral victory.

Griffin was previously convicted in federal court of a misdemeanor for entering the Capitol grounds on Jan. 6, without going inside the building. He was sentenced to 14 days and given credit for time served.

Griffin has invoked free speech guarantees in his defense and says his banishment from public office disenfranchises his political constituents in Otero County.

He was barred from office under provisions of the 14th Amendment to the U.S. Constitution, which holds that anyone who has taken an oath to uphold the Constitution can be barred from office for engaging in insurrection or rebellion. The provisions were put in place shortly after the Civil War.

A flurry of similar lawsuits around the country are seeking to use the provision to punish politicians who took part in Jan. 6.

Griffin says he continues to act as his own legal counsel in the case.

“Honestly I have felt very abandoned by many,” Griffin said.

Conservative activists aligned with Griffin have urged supporters to file disciplinary complaints against the judge who barred Griffin from office.

Other cases of removal have been filed around the US for individuals that supported the events of January 6th, 2022. Mr. Griffin is the only one thus far that had a conviction related directly to activities of that day. 

The case may eventually carry forward to the US Supreme Court. Mr. Griffin’s name is nothing new to a case that may eventually come to the Supreme Court as he U.S. Supreme Court was asked to consider, via a writ of certiorari, whether a New Mexico Court of Appeals judge erred when he overturned a decision denying Couy Griffin qualified immunity in a first amendment case.

Griffin, as the Otero County Commissioner for District 2 at the time, in 2019 blocked Jeff Swanson, the Democratic Party of Otero County chairman, from his Facebook page after Swanson posted comments critical of Griffin’s performance as a commissioner.

Swanson sued Griffin and Otero County Records Custodian Sylvia Tillbrook alleging that since Griffin’s Facebook page was a public forum, that Griffin had violated the First Amendment by engaging in viewpoint discrimination. Viewpoint discrimination is when a government or a governmental entity restricts speech on a given subject matter.

The case was filed in the New Mexico 12th Judicial District Court. When the case was removed to federal court, Griffin’s motion to dismiss the case citing qualified immunity was denied.

He appealed the case to the 10th Circuit Court of Appeals where the decision was reversed. The Court of Appeals’ opinion stated the lower court relied on “on out-of-circuit authority” in its decision.

“We reverse. The Supreme Court has repeatedly instructed lower courts not to define rights at a high level of generality when considering a qualified immunity defense,” the 10th Circuit Court of Appeals decision states.

Swanson petitioned the U.S. Supreme Court for a writ of certiorari which is “issued in order that the court issuing the writ may inspect the proceedings and determine whether there have been any irregularities,” according to Barron’s Law Dictionary.

The question Swanson and his attorney A. Blair Dunn are putting to the U.S. Supreme Court is “Did the 10th Circuit err in reversing the decision of the District Court that Commissioner Couy Griffin was not entitled to qualified immunity after the Circuit recognized that Commissioner Griffin had engaged in viewpoint discrimination to exclude Mr. Swanson from his open to the public Facebook page where he openly discussed the public’s business that he was elected to attend to?”

The details of that filing are found at 

https://www.supremecourt.gov/DocketPDF/21/21-1502/226363/20220526150143…

And in other lawsuits pending against Griffin:

Per coverage from the Alamogordo News in a story by Nicole Maxwell…

“The criminal case against former Otero County commissioner Couy Griffin, 47, of Tularosa, for allegedly failing to file Cowboys for Trump as a political action committee was scheduled to begin September 19 and was pushed back to December.

In a motion filed by Griffin’s attorney, Jonathan C. Miller, Miller noted a family emergency which would preclude him from being available for the preset date. According to court records, Miller’s mother is terminally ill.

Per 12th Judicial Judge Douglas Driggers, the case is to be reset no sooner than December 2022.

The criminal complaint filed by New Mexico Attorney General Hector Balderas on March 18 states that between Jan. 15, 2020 and March 18, 2022, Griffin “willfully and knowingly” violated provisions of the Campaign Reporting Act by disregarding orders to register as a political action committee with the New Mexico Secretary of State’s Office, file finance reports and pay $7,800 in accumulated fines by the March 18, 2022 deadline.

Griffin pleaded not guilty to the charges during an April 1 arraignment. This case will more than likely be go to jury trial in December.”

Thus, the impact of Mr. Griffin’s term of office will continue to be under review in the judiciary at a variety of levels, for quite some time it would appear.

STAY CONNECTED! SUBSCRIBE TO FREE EMAIL UPDATES FROM 2ND LIFE MEDIA ALAMOGORDO

SIGN UP!

  

AlamogordoTownNews.com From Couy Griffin to The Hague Language Matters, Let’s Understand Gratitude

From Couy Griffin to a comunique from The Hague, the understanding of words matter, and there is no better place to start understanding the interpretation of words then via “Gratitude.”

Gratitude, you know it when you see it or feel it but what does it mean? Does it mean the same thing to you as to an Italian, a Russian or a citizen of China?

Spanish speakers say “gracias” to express their gratitude. Italians show appreciation with a “grazie.” Both of these words come from the Latin root “gratia,” which denotes grace, graciousness, and gratefulness. For those who speak Spanish and Italian, their way of saying “thank you” has purely positive connotations.

The French “merci,” on the other hand, derives from the Old French “mercit” and the Latin “mercedem.” Both of these words denote forgiveness and pity, which are tinged with guilt along with gratitude.

Pan east across the globe and you’ll find other translations of gratitude that aren’t only positive in association. In Japan and Korea, gratitude is often expressed by saying “I’m sorry” and the terms for gratitude and indebtedness are used almost interchangeably.

These linguistic differences only scratch the surface of both the problem and the potential of studying gratitude, which is this: gratitude manifests in distinct ways across different societies. It follows that research should should capture the diversity of these expressions. But while the past two decades have seen an explosion in gratitude research, studies remain extremely narrow in scope.

Up to this point, the majority of research on gratitude has been conducted on people from Western, Educated, Industrialized, Rich, and Democratic nations.

What we know about gratitude comes mostly from findings in Western and Northern Europe, North America, Australia, and New Zealand. Even though research on the subject is booming, the sample size represents only a sliver of humanity and the 7 Billion occupants.

Researchers have conducted studies across Latin America, from Mexico to Guatemala to Chile, though they’ve focused largely on university students and have skipped Caribbean countries altogether. Several Eastern European countries are represented in studies, including Russia and Romania, as well as in certain Middle Eastern countries like Jordan and Turkey. Some research has focused on China, Japan, and India, as well as most countries in Southeast Asia, but Central Asia is missing from the literature. African societies are sparsely investigated, with only a few gratitude-related studies completed in Ghana and Cape Verde, and research on Pacific Island societies is virtually nonexistent.

It’s not just large swaths of the globe that go unexamined. Studies comparing multiple societies help uncover the cultural specifics and universals of gratitude—yet only a handful of research papers are explicitly cross-cultural. And even these cross-cultural studies are limited in scope.

Why is this important and why is understanding gratitude across multiple cultures important? As we become an even more interconnected world words matter and how those words are interpreted in some circles can make the difference in a business deal closing or not or in a political crises being solved or not or worse a war being waged or not. Understanding linguistics is a key element to enlightenment and moving a society forward. Gratitude studies is a good first step in understanding human reactions to words.

Words matter, locally we see how words have mattered in politics.

The use of words to instill fear and ignite a base of people has been the hallmark of Couy Griffin, those words interpreted and followed by his actions put his character and intention completely under scrutiny.

Had he chosen his words differently, he might have been interpreted differently, for what is really in his heart, verses what is perceived. Hearing of words and seeing his words, one wonders what is really in his heart?

Actions matter but so do words and understanding the meaning and context of those words are key to a civil society.

Thus university studies on gratitude are a great starting point locally and on the international stage.  When it comes to cross-cultural studies on gratitude, most researchers have focused their investigations on how people express thanks. The goal has been to distinguish the feeling of gratitude from its linguistic practice. In the United States, saying “thank you” to someone may indicate that one feels gratitude toward that person, or at least for their actions. But this isn’t necessarily the case in non-English speaking societies, where verbal expression and emotion can be less intertwined.

The approach of asking participants about the extent to which they currently feel “grateful,” “thankful,” and “appreciative” carries obvious limitations. Many languages don’t have identical translations to map the nuanced distinctions between these words. Beyond linguistic variations in people’s conceptions and expressions of gratitude, major social and even religious differences exist across cultures.

Thus a study is being conducted and led by Michael McCullough at the University of California, San Diego, and in collaboration with the Psychological Science Accelerator, the team plans to study how to measure gratitude and its effects in at least fifty countries around the world. “We believe that crossing the next scientific frontier of gratitude research will require researchers to cross their own cultural and geographic frontiers to explore the shared and unique terrains of gratitude,” writes McCullough. The team hopes to increase standardization of gratitude measures across cultures and facilitate future research by bringing together current multi-cultural data on gratitude into a single, open-access database. Ultimately, the project will transform gratitude research by setting a new roadmap for future scholars wanting to investigate questions around the universality of gratitude.

From the linguistic phrases of Couy Griffin locally to the use of “thank you” in over 50 countries this study like most on linguistics is important to human development and enlightenment in Otero County as well as in The Hague. 

STAY CONNECTED! SUBSCRIBE TO FREE EMAIL UPDATES FROM 2ND LIFE MEDIA ALAMOGORDO

SIGN UP!

  

I’m interested

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 Judge Orders Couy Griffin Removed From Office Couy Griffin Comments

District Court Judge Francis Mathew issued a ruling Tuesday that permanently prohibits Griffin from holding or seeking local or federal office.

In his ruling on the case, Mathews contended that Griffin was not eligible to hold office because of his participation in the Jan. 6, 2021 Capitol riots.

(Griffin) became constitutionally disqualified from federal and state positions specified (under the U.S. Constitution’s 14th Amendment, Section 3) and forfeited his current office as Otero County Commissioner effective Jan. 6, 2021,” Mathew’s ruling states. “Griffin shall be removed from his position as an Otero County Commissioner effective immediately.”

We reached to Couy Griffin for comment and his response was: “It’s a great example of the type of tyranny in America today. The people in my district have already spoken thru a failed recall waged against me after Jan 6. But since that didn’t work, now I guess they have succeeded thru the civil courts and a liberal judge in a liberal county.”  Mr. Griffin in sound bites sounds deflated, understandably, via the intensity of the last year. 

The ruling is the first time that an elected official has been removed from office as a result of their participation or support for the January 6, 2021, riot. This is also the first time a judge has formally ruled that the events of January 6 were an “insurrection.”

The Courts decision is located:

https://www.citizensforethics.org/wp-content/uploads/2022/09/D101CV2022…

Judge Francis Mathew gave a multiple page explanation of his ruling basically saying Mr. Griffins defense was inconsistent and that his involvement with Cowboys for Trump in partnership with Stop the Steal played a pivotal role in the ruling because of its “mobilization efforts” leading up to the events of January 6th. The judge claimed that Mr. Griffins “attempts to sanitize the events” of January 6th and his other actions were “without merit and contrary to the evidence produced.”

We have reached to the Republican Chairman of Otero County and the Democratic Chairman for comment and have not received one at this time.

This is a developing story and further updates will be added as more details of the county response come to bare and that of other impacted government bodies.

Mr. Griffins position is up for election in November with favored Republican Amy Barela facing off against Democrat Stephanie DuBois.

This is a developing story and further updates will be added as more details of the county response come to bare and that of other impacted government bodies and a link to live interviews from Anthony Lucero with impacted parties in a special story to be released later today from KALH.

Stay tuned…
12:04 pm update 

Republican Chairman Joshua Beasley said he will review the ruling and submit comments later today. 

Statement from Democratic Party Chairman of Otero County:

Yes…”We will support and defend the Constitutions of New Mexico and the United States of America ensuring free, fair, and accurate elections for our citizens. Those who disrupt elections, intimidate voters, engage in insurrections and seditious conspiracy behaviors, will be held accountable by Democrats. Americans can count on us!

We look forward to serving with those Republicans, Libertarians, Independents, Declined to State, and other voters who are also true patriots. 


We await and encourage any virtuous Republicans to forthrightly take control of their party here, and put forth a far better quality of candidates, who can really work with ALL citizens to better our citizens, lands, and infrastructure.

Otero County is on the cusp of tremendous opportunities for growth and economic thriving. Far too many Republicans here, like Couy Griffin, get elected and prove to be distractions. We need a strong and vibrant Republican party here. We need an overhauled one!

High time for those true patriots and economically savvy Republicans to take charge of their party. Stop the squander!”

STAY CONNECTED! SUBSCRIBE TO FREE EMAIL UPDATES FROM 2ND LIFE MEDIA ALAMOGORDO

SIGN UP!

 

AlamogordoTownNews.com Groups Collaborate to Repeal Resolution By Ballot Vote

Petition for a Referendum to vote for or against a resolution declaring Alamogordo, NM a sanctuary for the unborn.

On August 2, 2022 the Alamogordo City Commissioners voted to pass resolution 2022-38 that declared Alamogordo a sanctuary city for the unborn. The majority of the people at the special meeting called by the Alamogordo City Commissioners objected to the passage of this resolution. Regardless of the majority objection the City Commissioners passed it.

Karl Melton the City Commissioner that proposed the resolution is quoted to saying:

“Last night, most of my fellow commissioners joined me in supporting Resolution 2022-38,” Melton said. “The five of us affirmed life from conception to natural death and made Alamogordo a sanctuary city for the unborn. Alamogordo now stands in unity with Otero County, which passed a similar resolution of its own.

“While there is more work to be done, I am proud of our efforts that made it clear Alamogordo does not want or need any abortion facilities here.”

Several groups in Alamogordo, NM are now collaborating to get a refendum on the ballot for the Citizens of Alamogordo to vote for or against this resolution and let the voices of the people dictate policies and resolutions and not allow elected officials to dictate to the citizenry their personal goals.

On August 26, 2022 the push to gather signatures began. As of this writing they have 270 of the required 500 signatures required. They will be gathering signatures starting at 8:30 AM until 5:00 PM from August 28, 2022 thru September 1, 2022.

Richard Welch is the source of this story and may be contacted at 720-278-1525 or by email srethng@gmail.com

AlamogordoTownNews.com Otero County Commission Approves A Resolution Declaring Otero County as a Sanctuary for Life

To a packed County Commission Chamber the Otero County Commission tackled the issue of abortion with a non-binding resolution with much public dialog and a packed commission meeting. Couy Griffin sponsored the resolution and dialog after a constituent brought it to him for discussion. The County Attorney on multiple occasions reinstated that the resolution has “no enforcement mechanism” and that it is just a “statement of opinion.”

Couy Griffin specifically said that “abortions should not happen in any place except a hospital but not in clinics.” Debate shifted often with public comment. Couy welcomed other counties to declare themselves a “Sanctuary County for Life.”

The commission unanimously passed the resolution declaring the community a Sanctuary County for Life. Throughout the debate Commissioner Mattingley commented that he ensured that there were medical provisions made into the resolution to balance the resolution out of respect for health professionals and if a woman’s life was at risk.

The commission meeting can be viewed at:

Abortion clinics are primarily located in the northern counties of the state. A large abortion provider from out of state, has announced their planned relocation to Las Cruces. There has been dialog of an additional relocation of another abortion provider from out of state to Southern, New Mexico to serve those from Texas and surrounding states with more conservative state abortion laws.

This is an evolving story within the state of New Mexico and how local governments will respond to the recent supreme court ruling pushing the decisions back to the state governments. 

This idea of a Sanctuary County was not an original though of Commissioner Griffin nor the Otero County Commission the movement dates back to 2019…

On August 19, 2019, the Yadkin County Board of Commissioners in Yadkinville, North Carolina, passed a resolution to become the nation’s first sanctuary county to protect pre-born children from abortion. The resolution was the first step in a larger, three-pronged strategy put forth by the Personhood Alliance that is calling the pro-life movement back its roots and replicating the approach of early Christians in shifting the culture.

“The passage of this pro-life resolution is a historic event,” says Pastor Keith Pavlansky, president of Personhood North Carolina, who leads the Sanctuary for Life effort in the state. He and several other pastors and community leaders came together to build the momentum that led to the passage of Yadkin County’s resolution. “We have returned to constitutional law,” says Pavlansky. “We have rejected the ideologies of politicians and judges who permit the killing of pre-born and newly born children, and we look forward to drawing together as a community and helping expectant mothers and fathers as we work to create and defend a culture of life.”

To learn more about the origin of this initiative and the groundwork in working with counties such as Otero County in laying groundwork for further dialog visit:

The county commission has NO authority over the legislation of abortion within the state of New Mexico laws. However, it opted to debate a resolution today that reads…

https://agendasuite.org/iip/otero/file/getfile/23472

Resolution No. 07-14-22/111-09

A Resolution Declaring Otero County as a Sanctuary for Life

WHEREAS, the BOCC of Otero County stands in agreement with the Supreme 

Court of the United States’ recent decision to overturn Roe v. Wade and appreciate the 

Court’s decision to provide respect to state and local governments by allowing them to

decide if the lives of our unborn will be protected. The functioning of the American 

Republic is truly respected and restored by the Court’s decision; and

WHEREAS, the Declaration of Independence affirms that all men are created 

equal and have been endowed by the Creator with unalienable rights, chief among them 

the right to life, and that the protection of these rights is an affirmative duty of federal, 

state, and local governments; and 

WHEREAS, the Fifth and Fourteenth Amendments to the United States 

Constitution provide for the protection of all human life and liberty; and 

WHEREAS, the Supreme Court of the United States in Poelker v. Doe, 432 U.S. 

519 (1977), concluded that the Constitution does not forbid a state or county or city, 

pursuant to democratic processes, from expressing a preference for normal childbirth 

instead of abortion; and

WHEREAS, state police power derives from the Tenth Amendment to the United States Constitution, which gives states the power not delegated to the United States; and 

WHEREAS, the power to establish and enforce laws protecting the welfare, safety, and health of the public is a core function of the state’s Tenth Amendment police power, which includes the local government; and 

WHEREAS, the Board of County Commissioners of Otero County, New Mexico, consider life to begin at conception. This is proven by the multiplication of cells which is proven evidence that life is forming and a living human being is beginning to develop; and

WHEREAS, the Board of County Commissioners of Otero County, New Mexico, desires to express its deep concern that all human life, beginning from life inside the womb, through every stage of development, up and until a natural death, in Otero County should be afforded protection by their government, including local government, from acts of cruelty, and should be treated humanely and with dignity; and 

WHEREAS, there are instances where medical intervention is necessary and difficult decisions are required. The Board of County Commissioners of Otero County, New Mexico, believe the following: 1) emergency medical interventions performed to protect the life of the mother and/or unborn are decisions only to be made and decided on by the doctor and mother without government intervention. Otero County takes a neutral position out of respect for those involved, and 2) instances of rape/incest are criminal matters and those decisions are to be decided on by doctor/victim without government intervention. In such cases a full criminal investigation shall be conducted by the Otero County Sheriffs Dept. Otero County takes a neutral position out of respect for those involved; and 

WHEREAS, the Board of County Commissioners of Otero County, New Mexico, stands firmly against the presence in the County of Planned Parenthood clinics or any other clinics where abortion is practiced at will and on demand. Any procedures that need to be performed in regards to protecting the health of a mother will take place in a local hospital under the care of a physician; and 

WHEREAS, the Board of County Commissioners of Otero County, New Mexico, stands firmly against any medications which cause a miscarriage. We do so, not only to protect the developing child but also to protect the mother of any adverse reactions that these drugs may cause; and 

WHEREAS, the Board of County Commissioners of Otero County, New Mexico, condemns voluntary abortion practices used for any reason and believe that the intentional killing of an innocent human life is never acceptable. 

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF OTERO COUNTY, NEW MEXICO AS FOLLOWS: 

1. That the Board of County Commissioners of Otero County, New Mexico, hereby recognizes and declares the full humanity of the preborn child through all states of life up and until a natural death and declares Otero County, New Mexico, to be a sanctuary for life where the dignity of every human being will be defended and promoted from life inside the womb through all stages of development in life up and until a natural death. 

2. That the Board of County Commissioners of Otero County, New Mexico, hereby resolves to enforce this resolution by all means within its power and authority, in accordance with its responsibility as the people’s elected local representatives

3. That the Board of County Commissioners of Otero County, New Mexico, hereby stand on this resolution to not only protect life, but also to honor God, who gives life. We believe that life is God ordained and God is the author and finisher of every life. No matter if at the beginning or at the end. We stand in full agreement that, as a body of commissioners, we will protect and sustain life at every stage. As we ask God to bless America, we first have to honor and respect God.

By protecting life and passing this resolution we feel that we do both. PASSED, APPROVED AND ADOPTED this 14th day of July, 2022. 

THE BOARD OF COUNTY COMMISSIONERS OF OTERO COUNTY, NEW MEXICO 

Vickie Marquardt, Chairman

Chairman Gerald R. Matherly, Vice-chairman 

Couy D. Griffin, Commissioner 

The resolution has no authority tied to it except as a statement of opinion, but many legal scholars debate if these resolutions of opinion are the foundation for groundwork to further erode abortion protections at the local levels of government. Time and certainly more lawsuits in the future will define that opinion. New Mexico state law protects a woman’s right to an abortion. 

STAY CONNECTED! SUBSCRIBE TO FREE EMAIL UPDATES FROM 2ND LIFE MEDIA ALAMOGORDO

SIGN UP!

AlamogordoTownNews.com Otero County Commissioners Pass Sanctuary of Life County Resolution July 2022

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.

STAY CONNECTED! SUBSCRIBE TO FREE EMAIL UPDATES FROM 2ND LIFE MEDIA ALAMOGORDO

SIGN UP!

  

AlamogordoTownNews.com: Otero County Commission Schedules Special Meeting to Discuss County Taxpayers to Pay for Griffin Defense

A special meeting of the Otero County Commission has been called for July 1st to discuss the possibility of Otero County taxpayers paying to defend Couy Griffin in a lawsuit filed against him for removal from office. 

Discuss and consider approval of legal representation for Commissioner Griffin in quo warranto lawsuit filed against him. https://agendasuite.org/iip/otero/file/getfile/23338

The case is 

STATE OF NEW MEXICO
COUNTY OF SANTA FE
FIRST JUDICIAL DISTRICT COURT
STATE OF NEW MEXICO, ex rel.,
MARCO WHITE, MARK MITCHELL,
and LESLIE LAKIND,
Plaintiffs,
vs. 

COUY GRIFFIN,
Defendant

The case was file for removal from office: “Plaintiffs Marco White, Mark Mitchell, and Leslie Lakind, by their undersigned counsel, bring this quo warranto complaint to remove Otero County Commissioner Couy Griffin from office and disqualify him from holding any future public office pursuant to Section Three of the Fourteenth Amendment to the Constitution of the United States and NMSA 1978, Section 44-3- 4(B) (1919), based on his participation in the January 6, 2021 insurrection at the United States Capitol.”

The subject before the Otero County Commission is should Otero County and its taxpayers pay to defend this lawsuit against Couy Griffin. His defenders argue yes this is filed from those outside of Otero County while his detractors argue the county should pick up the expense to defend him.

The meeting may be viewed via life stream at:

https://co.otero.nm.us/277/Commission-Meeting-Live-Stream

The question for citizens and public comments may be emailed, called in or made the day of the commission meeting is, “Is spending TAXPAYER money to defend Couy Griffin by the county highest and best use of taxpayer funds or should be fund his case privately?”

The world will be watching, as the Otero County, New Mexico Commission seems to get the attention of the nation’s press. 

What is disappointing is that attention given to Otero County by the national press is NOT for business development, quality of life, success in redevelopment, military partnerships, the beauty and attributes of the natural environment around us, but the coverage routinely evolves around political novelty of Couy Griffin and the Otero County Commission. 

Let’s hope this is a quick meeting and the commissioners get back to the people’s business of uniting the community as we inch toward the 4th of July, positive growth, business recruitment, jobs, safety and prosperity, and the health and happiness of the citizens of Otero County, New Mexico.

This too shall pass…

STAY CONNECTED! SUBSCRIBE TO FREE EMAIL UPDATES FROM 2ND LIFE MEDIA ALAMOGORDO

SIGN UP!

  

Otero Commission chairwoman, Vickie Marquardt, expressed that “if they don’t vote to approve the certification they may be arrested”

The commission met in “special session” and in a vote of 2 to 1 with Couy Griffin calling in, the Otero County Commissioners certified the election.

A large audience was present with significant police presence as threats had come in against the commissioners. In the afternoon meeting, Republican County Commissioners Vickie Marquardt and Gerald Matherly voted to certify the results from the state’s June 7 primary over the objections of the third commissioner, Couy Griffin.

Griffin, the founder of Cowboys for Trump, spoke by phone from Washington, where he had been sentenced earlier Friday to 14 days in jail on one count of entering a restricted area during the Jan. 6, 2021, attack on the U.S. Capitol.

The commission chairwoman, Vickie Marquardt, expressed that if they don’t vote to approve the certification they may be arrested and the “Governor could appoint their replacements with would be s further dis-service to the community as they were elected with over 60% of the vote.” 

In his remarks, Griffin refused to back down from assertions that the machines were not secure or apologize for leading a charge against a normally straightforward procedural vote that caused a week-long uproar.

“My vote to remain a no isn’t based on any evidence, it’s not based on any facts, it’s only based on my gut feeling and my own intuition, and that’s all I need,” Griffin said.

The crowd rallied behind Couys phone call and speech but in the end the legal process as interpreted by the State Supreme Court prevailed.

The state’s attorney general, Hector Balderas, had said Friday that the commissioners “must comply with the rule of law” or face legal action and potentially be removed from office.

“I don’t want to let anybody down, I know there’s a lot of people who want us to stand our ground,” Marquardt said Friday. But, she said, “I don’t think it’s worth us getting removed from our seats to do that.”

Commissioners in a second county, Torrance, who had delayed certification earlier this week, voted to approve the vote totals in a contentious public hearing Friday morning.

Next steps is the state will now certify, the candidates will be on the November ballot that were clear winners and a recount of the GB Oliver, Amy Barella race will move forward to determine the clear winner. 

STAY CONNECTED! SUBSCRIBE TO FREE EMAIL UPDATES FROM 2ND LIFE MEDIA ALAMOGORDO

SIGN UP!

AlamogordoTownNews.com Couy Griffin Given Light Slap on the Wrist as Sentence for Insurrection Participation

Otero County Commissioner Couy Griffin was given a slight slap on the wrist for his participation in the January 6th events at the nation’s capital.

The founder of the “Cowboys for Trump” organization and commissioner of Otero County, New Mexico, Couy Griffin, was sentenced to 14 days in jail, a $3,000 fine, 60 hours of community service and a year of supervised release on Friday after being convicted of entering restricted U.S. Capitol grounds on Jan. 6, 2021.

Griffin, who has been in jail for 20 days, will receive credit for time served and will not have to serve additional time.

Griffin was found guilty in March of the misdemeanor, which carries a maximum sentence of one year in prison. A federal judge acquitted him of another misdemeanor charge of disorderly conduct in a bench trial during which the judge, not a jury, renders the verdict.

Judge Trevor McFadden ruled that Griffin was guilty of the charge that arose from his illegal entry of U.S. Capitol grounds in the vicinity of then-Vice President Mike Pence, who was in the Capitol building for the counting of the Electoral College votes and remained in the Capitol complex during the riot.

Griffin’s sentencing in Washington, D.C., is happening on the same day as New Mexico’s deadline to certify its election results, and currently, Otero County is refusing to certify, citing unspecified concerns about the Dominion voting machines used in the June 7 primary.

The secretary of state and the state Supreme Court have ordered Otero County’s commission to certify its results, and there is an emergency meeting of the commission today at 4pm, although it is not clear whether Griffin, who told CNN he would vote against certifying, will be back in New Mexico for the meeting or will be joining remotely?

Griffin was not accused of any act of physical violence or of entering the Capitol building on Jan. 6, 2021, but of being present on restricted Capitol grounds cordoned off by law enforcement and closed to the public ahead of the election certification. He asked the judge to sentence him to no more than two months’ probation, which his lawyer argued was the average term for such an offense.

To the extent his presence there contributed to the distress of outnumbered law enforcement officers, he offers them his sincere apology,” the defense wrote in a prehearing filing, later adding, “No evidence, in any case, indicated that Griffin’s purpose in being in the area was driven by [Pence’s] presence specifically” at the Capitol.

Griffin, his attorneys argued, did not personally endanger Pence by his presence on Capitol grounds and should not be treated as if he had.

“Though he is of limited means, Griffin would seize an opportunity to offer assistance to injured officers and to contribute to the repair of physical damage to the Capitol. Griffin vows to never again enter a restricted area, at the Capitol or anywhere else,” the filing added.

Prosecutors, however, said Griffin should get 90 days in prison with credit for the 20 days in prison he has already served. The defendant was part of the mob that “succeeded in halting the Congressional certification,” according to a recent court filing.

Griffin remained on the Capitol grounds for over two hours while rioters engaged in acts of violence and property damage on the Capitol grounds,” the memo read.

The government contended that despite statements to the contrary, Griffin has shown a lack of remorse for his actions. Referring to the split ruling of one conviction and one acquittal rendered by McFadden, prosecutors noted that Griffin tweeted in the weeks after his trial and criticized the judge.

The 1 I lost I will appeal. We SHOULD have won a grand slam on both counts,” Griffin tweeted. “McFaddens PRE written response was pathetic! I wonder who wrote it??”

Prosecutors also allege he has used his legal fight as a way to raise money, asking for contributions to an online funding page.

Jail time, the government argued, was the only way to deter Griffin from acting in such a way again, a claim his legal team, countering, “The shame Griffin has experienced is itself a guarantee of deterrence.”

He was arrested in the weeks following the attack and held in pretrial detention before his legal team successfully won his court-ordered release. Griffin claimed he was innocent and argued he was unaware that Pence was still anywhere in the Capitol area. He did not testify in his own defense.

Griffin received credit for time previously served and will not have to serve additional time. Terms of his supervised release and community service will be released in subsequent articles.

STAY CONNECTED! SUBSCRIBE TO FREE EMAIL UPDATES FROM 2ND LIFE MEDIA ALAMOGORDO

SIGN UP!