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.

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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!”

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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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I’m interested

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: 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…

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AlamogordoTownNews.com Court Issued Writ of Mandamus, Commissioner Vickie Marquardt Responds, Prosecutor Adds to Couy Griffin Sentencing Dialog

The New Mexico Supreme Court issued a writ of mandamus Wednesday against the Otero County Commission for certification of 2022 primary election returns.

During a special commission meeting on June 13, the group illegally declined to certify the 2022 primary election results. The state Supreme Court has ordered the county commissioners to certify the vote following a request from New Mexico’s Democratic Secretary of State Maggie Toulouse Oliver.

Oliver explained in a statement that the three commissioners were “potentially disenfranchising every Otero County voter who legally and securely cast a ballot” and are “appeasing unfounded conspiracy theories.”

Oliver also singled out the commission for offering “no evidence to prove any problems with the vote tabulators or election returns.” One of the commissioners, Vickie Marquardt, said, “I have huge concerns with these voting machines” because “I just don’t think in my heart” that Dominion equipment can’t “be manipulated.”

The commission is meeting in special session on Friday; however, Couy Griffin is scheduled for a sentencing hearing in Federal Court in Washington DC for his role in the insurrection thus his attendance is in doubt.  Federal prosecutors are asking the court to consider the refusal to approve the vote canvass and the subsequent criminal referral to the NM attorney general as part of the sentencing considerations for Couy Griffin tomorrow.

During a special commission meeting on June 13, the group illegally declined to certify the 2022 primary election results per legal interpretation of the Secretary of State and the New Mexico Supreme Court. The state Supreme Court has ordered the county commissioners to certify the vote following a request from New Mexico’s Democratic Secretary of State Maggie Toulouse Oliver.

Oliver explained in a statement that the three commissioners were “potentially disenfranchising every Otero County voter who legally and securely cast a ballot” and are “appeasing unfounded conspiracy theories.”

Oliver also singled out the commission for offering “no evidence to prove any problems with the vote tabulators or election returns.” One of the commissioners, Vickie Marquardt, said, “I have huge concerns with these voting machines” because “I just don’t think in my heart” that Dominion equipment can’t “be manipulated.”

Mrs. Vickie Marquardt Chairwoman of the Otero County Commission has issued a press release this afternoon stating her concerns with the election between GB Oliver and Amy Barela which is an 11-vote variance and will be forced into a recount if the election is certified. Per her press release she is now giving specific examples of what she believes to be election irregularities. The irregularities outlined however are not Dominion Machine Driven as outlined in commissions concerns but they have to do with voters who reside on properties without a dwelling so potentially fraudulent voting. Which indeed would be an issue but not the issue initially listed and solved by doing away with the voting machines. Fraudulent voting is a distinctly different issue than trust in a machine.  The story gets even more interesting and tomorrows special meeting of the commission is sure to be heated and entertaining. 

Mrs. Vickie Marquardt Chairwoman of the Otero County Commission’s press release is below…

Stay Tuned tomorrows Otero commission meeting will be entertaining in the dialog from all sides and the sentencing of Couy Griffin will both make national headlines. All eyes are again on Otero County from around the nation but not about prosperity, jobs creation and growth. All eyes are in Otero County with mixed emotions of unease questioning is the is precursor to what to expect with the November elections and what is in store for our nation of laws and a fragile democracy. 

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