Couy Griffin

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Couy Griffin
Member of the Otero County Board of Commissioners from the 2nd district
In office
2019 – September 6, 2022
Preceded bySusan Flores
Succeeded byVacant
Personal details
Born1973 (age 50–51)
New Mexico, U.S.
Political partyRepublican

Couy Dale Griffin (born 1973) is a politician who served from 2019 to 2022 as a county commissioner for District 2 of Otero County, New Mexico, which covers Tularosa, Three Rivers, La Luz, the western parts of Alamogordo, and the Mescalero Apache Reservation. In September 2022, Griffin was removed from office under the Disqualification Clause of the Fourteenth Amendment to the United States Constitution due to his actions in the January 6 insurrection. He is a member of the Republican Party.

Political career

On June 5, Griffin won the 2019 primary election for county commissioner, with 708 votes (55%) against fellow Republicans Christopher Rupp and Gregory Bose, who garnered 252 (20%) and 317 (25%) votes respectively.[1] That advanced him to being the Republican candidate for that office in the November general election. Griffin won the general election on November 6, 2018, with 3,090 votes (65%) against Christopher Jones (Democrat, 1,635 votes).[2] He took office in January 2019.

Citing lingering concerns of fraud in the 2020 presidential election, the county commissioners hired a firm run by election conspiracy promoter Shiva Ayyadurai, who had worked on the 2021 Maricopa County presidential ballot audit. As with Maricopa County's audit of the election results, no evidence of fraud was found in the results for Otero County. Nonetheless, in January 2022, Griffin and the two other Otero County commissioners refused to certify the official 2020 election results for their county.[3]

New Mexico secretary of state Maggie Toulouse Oliver then sued the commission to complete their certification duty. Subsequently, the New Mexico Supreme Court ordered the commission to certify the election. The two other commissioners relented and complied, enacting the certification via a majority vote, but Griffin refused, asserting, "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."[3]

PAC

Griffin is the founder of the activist group Cowboys for Trump.[4] Originally it had 13 members. Members of the PAC rode horseback to political events and protests.[citation needed]

Legal issues

Travel voucher submitted

In September 2019, Griffin drove from New Mexico to Washington, D.C. to attend a conference representing Otero County. During the trip he towed his horse in a trailer. During the same trip he also traveled to New York City to participate in a September 11 parade in his capacity as a member of Cowboys For Trump. Upon completion of this trip Griffin submitted a travel voucher to the county to cover the entire cost of his travel expenses, which included a per diem and mileage at a cost of $3,247.48. The county finance director approved the voucher without verifying county policy on travel expenses. The county then approved increasing the District 2 Commissioner travel allotment to account for the expense of Griffin's trip that exceeded existing funds.

Citizens of the county discovered that the travel voucher violated county policy and that reimbursement should have only been for the cost to travel by air to Washington, D.C. and the per diem allotment for the two days he was there for the conference. As a result, Griffin repaid the entirety of the travel voucher from donations received from local business owners. The state auditor was made aware of the violations and did an audit on county finances.[4]

Failure to register as PAC

During the investigation by the state auditor into the travel voucher issue, it was discovered that Cowboys for Trump was not registered as a political action committee (PAC), but instead it was registered as a Limited Liability Corporation. The Secretary of State of New Mexico was notified and Cowboys for Trump was required to register as a PAC. They in turn sued the secretary of state declaring they were not a PAC. The court system sided with the secretary of state and declared that Cowboys for Trump had to register as a PAC.[5]

Criminal charges were filed against Griffin for failing to register the group as a political action committee. The trial is set to begin in September 2022.

Arrest

On January 6, 2021, Griffin participated in the attack on the United States Capitol, climbing over barriers and walls to gain access to a restricted area of the grounds. Later that month, Griffin spoke during a recorded commission meeting stating he was going to go back to D.C. with his firearms for the inauguration of Joe Biden.[6] Upon his return to D.C. on January 17, 2021, Griffin was arrested and charged with trespassing and disorderly conduct. Due to refusal to submit to Covid testing in the jail, Griffin spent days in solitary confinement. He was released from jail on February 5, 2021. The trial took place on March 22, 2022, with Judge Trevor McFadden presiding.

Griffin was found guilty on the trespassing charge, but was acquitted of the disorderly conduct charge.[7] He was sentenced to 14 days in jail (that was satisfied by time served), a $3000 fine, 60 days of community service, and supervised release for a duration of one year.[8]

Removal from office

Subsequent to his 2022 conviction for the trespassing charge, a suit was filed by the group, Citizens for Responsibility and Ethics in Washington (CREW), and the residents of New Mexico under Section 3 of the Fourteenth Amendment to the United States Constitution that would bar him from holding a public office for life due to his participation in insurrection.[9]

Following the Disqualification Clause of the Fourteenth Amendment, District Court Judge Francis J. Mathew removed Griffin from public office on September 6, 2022, due to his participation in insurrection.[10][11] The debarment from holding public office for insurrection is "for life", he may never hold a public office again unless the debarment is overruled by a higher court or an Act of Congress. Removal of Griffin from his office marked the first instance of a democratically-elected official being disqualified from holding public office under the constitutional provision since the disqualification of the socialist, Victor Berger, in 1919 by a special committee of Congress.[12][13]

References

  1. ^ "Official Results 2018 Primary June 5, 2018". New Mexico Secretary of State. June 26, 2018. Retrieved July 8, 2022.
  2. ^ "Official Results 2018 General November 6, 2018". New Mexico Secretary of State. November 27, 2018. Retrieved July 8, 2022.
  3. ^ a b Homans, Charles (July 19, 2022). "How 'Stop the Steal' Captured the American Right". The New York Times.
  4. ^ a b "Auditor probes travel expenses of Cowboys for Trump founder". Associated Press. October 26, 2019. Retrieved September 9, 2022.
  5. ^ "Cowboys for Trump, Inc. v. Oliver, No. 21-2015 | Casetext Search + Citator". casetext.com. Retrieved July 8, 2022.
  6. ^ Maxwell, Nicole (January 14, 2021). "Couy Griffin says he plans to take guns to Washington, D.C." Albuquerque Journal. Retrieved July 8, 2022.
  7. ^ Lybrand, Holmes; Rabinowitz, Hannah; Polantz, Katelyn (March 22, 2022). "Judge finds January 6 defendant guilty of trespassing on Capitol grounds". CNN. Retrieved July 8, 2022.
  8. ^ Smolinski, Paulina; Legare, Robert; MacFarlane, Scott (June 17, 2022). "New Mexico county commissioner and Cowboys for Trump founder Couy Griffin sentenced for Jan. 6 conviction". CBS News. Retrieved July 8, 2022.
  9. ^ "Lawsuit filed to remove Couy Griffin from office". CREW | Citizens for Responsibility and Ethics in Washington. March 21, 2022.
  10. ^ "Judge removes Griffin from office for engaging in the January 6 insurrection". CREW | Citizens for Responsibility and Ethics in Washington (Press release). September 6, 2022.
  11. ^ Rabinowitz, Hannah; Lybrand, Holmes; Bronstein, Scott (September 6, 2022). "New Mexico county commissioner removed from elected office for role in US Capitol riot". CNN.
  12. ^ Broadwater, Luke; Feuer, Alan (September 6, 2022). "Judge Unseats Official Who Trespassed at Capitol on Jan. 6". The New York Times.
  13. ^ Blake, Aaron (September 6, 2022). "Effort to bar Jan. 6 figures from office notches historic win. What now?". The Washington Post. Retrieved September 6, 2022.

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