Couy Griffin

{{Short description|Former Otero County, New Mexico commissioner}}

{{Use mdy dates|date=March 2024}}

{{Infobox officeholder

| name = Couy Griffin

| image = NYC Trump court trial 2024-05-03 020.jpg

| birth_date = {{birth year and age|1973}}

| birth_place = New Mexico, U.S.

| office1 = Member of the Otero County Board of Commissioners from the 2nd district

| term_start1 = 2019

| term_end1 = September 6, 2022

| predecessor1 = Susan Flores

| successor1 = Stephanie DuBois

| party = Republican

| caption = Griffin in 2024

}}

Couy Dale Griffin (born 1973) is an American former politician and right wing extremist, and convicted criminal 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 pursuant to the Insurrection Clause of the Fourteenth Amendment to the United States Constitution due to his actions in the January 6 United States Capitol attack.{{Cite news |title=A New Mexico judge cites insurrection in barring a county commissioner from office |url=https://www.npr.org/2022/09/06/1121307430/couy-griffin-otero-county-insurrection-fourteenth-amendment |last=Lopez |first=Ashley |date=September 6, 2022 |archive-url=https://web.archive.org/web/20230929082828/https://www.npr.org/2022/09/06/1121307430/couy-griffin-otero-county-insurrection-fourteenth-amendment |archive-date=September 29, 2023 |access-date=October 9, 2023 |url-status=live |work=NPR}} He is a member of the Republican Party.

Tenure on the Otero County Commission

In 2018, incumbent district 2 commissioner Susan Flores did not seek re-election, and Griffin joined the race to succeed her.{{cite news |url=https://www.alamogordonews.com/story/news/local/community/2018/06/04/gregory-bose-seeks-otero-county-commission-district-2-seat/671021002/ |title=Gregory Bose seeks Otero County Commission District 2 seat |newspaper=Alamogordo Daily News |date=June 4, 2018}} On June 5, Griffin won the Republican primary with 708 votes (55%) against Christopher Rupp and Gregory Bose, who garnered 252 (20%) and 317 (25%) votes respectively.{{Cite web |title=Official Results 2018 Primary June 5, 2018 |date=June 26, 2018 |url=https://electionresults.sos.state.nm.us/resultsSW.aspx?type=CTYALL&map=CTY&cty=15&name=Otero&eid=112 |access-date=July 8, 2022 |website=New Mexico Secretary of State}} Griffin won the general election on November 6, 2018, with 3,090 votes (65%) against Democrat Christopher Jones with 1,635 votes.{{Cite web |title=Official Results 2018 General November 6, 2018 |date=November 27, 2018 |url=https://electionresults.sos.state.nm.us/resultsSW.aspx?type=CTYALL&map=CTY&cty=15&name=Otero&eid=2698 |access-date=July 8, 2022 |website=New Mexico Secretary of State}} He took office in January 2019.

In 2021, a committee began circulating a petition to recall Griffin from office, accusing him of missing numerous county meetings, improperly filing a travel voucher, acting in a way that got him banned from the Mescalero Apache Reservation, and using county resources to further his group Cowboys for Trump.{{Cite news |title=In the voters' hands: Couy Griffin recall petition begins circulation |url=https://www.alamogordonews.com/story/news/local/community/2021/07/01/voters-hands-couy-griffin-recall-petition-begins-circulation/7822004002/ |last=Maxwell |first=Nicole |date=July 1, 2021 |archive-url=https://web.archive.org/web/20230206224703/https://www.alamogordonews.com/story/news/local/community/2021/07/01/voters-hands-couy-griffin-recall-petition-begins-circulation/7822004002/ |archive-date=February 6, 2023 |url-status=live |work=Alamogordo Daily News}} The committee fell short of the required signatures, only getting 1,229 of the required 1,574 signatures by the September 29 deadline.{{cite news |first=Jessica |last=Onsurez |url=https://www.alamogordonews.com/story/news/local/2021/09/29/effort-recall-griffin-county-commission-falls-short/5915672001/ |title=Effort to recall Griffin from County Commission falls short by 345 signatures |newspaper=Alamogordo Daily News |date=September 29, 2021}}

Amid Donald Trump's false claims of election fraud in the 2020 presidential election, the county commission aligned itself with fringe right-wing groups that baselessly claimed voter fraud.Nicole Maxwell, [https://nmpoliticalreport.com/news/otero-county-ordered-to-pay-45000-to-resident-kicked-out-of-meetings/ Otero County to pay $45,000 to resident kicked out of meetings], New Mexico Political Report (September 20, 2023). The county commissioners hired a firm run by election conspiracy promoter Shiva Ayyadurai, who had worked on the a partisan audit of the election results in Maricopa County, Arizona.{{Cite news |title=Evidence shows EchoMail involvement in Otero County 'audit' canvassing, congressional panel says |url=https://sourcenm.com/briefs/evidence-shows-echomail-involvement-in-otero-county-audit-canvassing-congressional-panel-says/ |last=Fisher |first=Austin |date=March 31, 2022 |archive-url=https://web.archive.org/web/20230821060254/https://sourcenm.com/briefs/evidence-shows-echomail-involvement-in-otero-county-audit-canvassing-congressional-panel-says/ |archive-date=August 21, 2023 |access-date=October 9, 2023 |url-status=live |work=Source New Mexico}}Jane C. Timm, [https://www.nbcnews.com/politics/2022-election/court-order-gop-officials-new-mexico-county-certify-election-results-rcna34219 Under court order, GOP officials in New Mexico county certify election results], NBC News (June 27, 2022). As with Maricopa County's audit of the election results, no evidence of fraud was found in the results for Otero County.{{cite news |last1=Homans |first1=Charles |title=How 'Stop the Steal' Captured the American Right |url=https://www.nytimes.com/2022/07/19/magazine/stop-the-steal.html |work=The New York Times |date=July 19, 2022}}

On three occasions in 2022, an Otero County resident who attended public county commission meetings was silenced by Griffin; on at least one occasion, Griffin ordered sheriff's deputies to remove the citizen from the meeting. The resident, represented by the American Civil Liberties Union of New Mexico, subsequently received a $45,000 settlement from Otero County. In announcing the settlement, the man said: "I was mocked, yelled at, silenced, and roughly thrown out of public hearings simply because I had a different opinion than the predominant conservative view – namely that the election wasn't stolen. I was treated like someone who committed a crime. I hope this settlement makes clear that all Otero County residents, regardless of their political background, have the right to express their opinions freely without intimidation at county commission meetings."

Following the July 2022 primary election, Griffin and the two other Otero County commissioners initially refused to certify the election results for Otero County, and making baseless suggestions of some irregularity in the counting. New Mexico Secretary of State Maggie Toulouse Oliver sued the commission, seeking to compel it to complete its certification duty. After 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. Griffin said of his stance: "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." Toulouse Oliver said that the state supreme court's decision prevented a breakdown in the election system and condemned "rogue" officials whose actions risked "completely disenfranchising all of the voters who came out in their county and not seeing their candidates move on to the general election."

Cowboys for Trump

File:NYC Trump court trial 2024-05-03 011.jpg in May 2024|alt=A man in a cowboy hat rides a brown horse. He is carrying a large American flag.]]

Griffin is the founder of the group Cowboys for Trump. Originally it had 13 members. Members of the political action committee (PAC) rode horseback to political events and protests.{{Cite news |title='Cowboys for Trump' Ride Horseback to White House in Support of Donald Trump's Border Wall Policies |url=https://www.newsweek.com/cowboys-trump-ride-horseback-white-house-support-trumps-border-security-1340663 |last=Fink |first=Jenni |date=February 22, 2019 |archive-url=https://web.archive.org/web/20230111205554/https://www.newsweek.com/cowboys-trump-ride-horseback-white-house-support-trumps-border-security-1340663 |archive-date=January 11, 2023 |access-date=October 9, 2023 |url-status=live |work=Newsweek}}{{Cite news |title='Cowboys for Trump' group rides into Las Cruces |url=https://www.ktsm.com/local/las-cruces-news/cowboys-for-trump-group-rides-into-las-cruces/ |date=April 26, 2019 |archive-url=https://web.archive.org/web/20200421161828/https://www.ktsm.com/local/las-cruces-news/cowboys-for-trump-group-rides-into-las-cruces/ |archive-date=April 21, 2020 |access-date=October 9, 2023 |url-status=live |publisher=KTSM-TV}}

=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 entire 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.{{cite news |title=Auditor probes travel expenses of Cowboys for Trump founder |url=https://apnews.com/article/d35ef4cbe4e645a38c535fc09ac29c64 |access-date=September 9, 2022 |work=Associated Press |date=October 26, 2019 |language=en}}

=Failure to register as a PAC =

During the state auditor's investigation of the travel voucher issue, it was discovered that Cowboys for Trump was not registered as a political action committee (PAC). The Secretary of State of New Mexico was notified, and Cowboys for Trump was required to register as a PAC under New Mexico's Campaign and Reporting Act, N.M. Stat. Ann. §§ 1-19-25 to -37.{{Cite web |title=Cowboys for Trump, Inc. v. Oliver, No. 21-2015 |url=https://casetext.com/case/cowboys-for-trump-inc-v-oliver-1 |access-date=March 24, 2023 |website=Casetext | date = February 15, 2022}} In a June 2020 arbitration decision, Cowboys for Trump was ordered to register as a PAC, submit reports on contributions and expenditures, and pay a $7,800 penalty, but Griffin did not comply.{{Cite news |first=Morgan |last=Lee |date=March 2, 2023 |title=Trump cowboy found not guilty of campaign finance charge |url=https://apnews.com/article/cowboys-for-trump-couy-griffin-acquitted-e1801eaad5e8fff71e6b59cfa4950ad1 |access-date=October 23, 2023 |agency=Associated Press |language=en}} Cowboys for Trump sued New Mexico's secretary of state, alleging that New Mexico's statute that required the organization to register as a PAC was unconstitutional under the First Amendment. The federal district court dismissed the organization's challenge of the registration requirement, and in February 2022, the federal court of appeals affirmed the district court's decision.

A misdemeanor criminal charge was filed against Griffin for failing to register the group as a political action committee. In March 2023, following a two-day jury trial in Alamogordo, Griffin was acquitted of the campaign-finance charge.

Participation in January 6 attack

= Arrest =

{{further|January 6 United States Capitol attack}}

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. He did not enter the Capitol itself.C. Ryan Barber, [https://www.businessinsider.com/cowboys-trump-founder-couy-griffin-prison-sentence-capitol-attack-january-2022-6 Cowboys for Trump founder Couy Griffin skirted extra prison time for role in Capitol attack after spending 20 days in jail], Business Insider (June 17, 2022). 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.{{Cite news |first=Nicole |last=Maxwell |date=January 14, 2021 |title=Couy Griffin says he plans to take guns to Washington, D.C. |work=Albuquerque Journal |url=https://www.abqjournal.com/1536505/couy-griffin-says-he-plans-to-take-guns-to-washington-dc.html |access-date=July 8, 2022}} Upon his return to D.C. on January 17, 2021, Griffin was arrested and charged with trespassing and disorderly conduct. He spent 20 days in pretrial detention at the D.C. Jail.

=Conviction=

The bench 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 and disruptive conduct" charge.{{Cite news |last1=Lybrand |first1=Holmes |first2=Hannah |last2=Rabinowitz |first3=Katelyn |last3=Polantz |date=March 22, 2022 |title=Judge finds January 6 defendant guilty of trespassing on Capitol grounds |url=https://www.cnn.com/2022/03/22/politics/couy-griffin-verdict-january-6-trial/index.html |access-date=July 8, 2022 |work=CNN}} He was sentenced to 14 days in jail (that was satisfied by time served), a $3,000 fine, 60 days of community service, and supervised release for a duration of one year.{{Cite news |first1=Paulina |last1=Smolinski |first2=Robert |last2=Legare |first3=Scott |last3=MacFarlane |title=New Mexico county commissioner and Cowboys for Trump founder Couy Griffin sentenced for Jan. 6 conviction |url=https://www.cbsnews.com/news/couy-griffin-jan-6-cowboys-for-trump-new-mexico-county-commissioner/ |access-date=July 8, 2022 |date=June 17, 2022 |work=CBS News |language=en-US}} Griffin appealed the conviction to the District of Columbia Court of Appeals, arguing that the government needed to prove that he knew a Secret Service protectee was present when he trespassed. On October 22, 2024, the court upheld his conviction, ruling that it was sufficient for the government to have proven that he knew he was entering a restricted area.{{Cite web |last=Polantz |first=Katelyn |date=2024-10-22 |title=January 6 riot conviction of 'Cowboys for Trump' founder is upheld in precedent-setting case |url=https://www.cnn.com/2024/10/22/politics/cowboys-for-trump-january-6-capitol-riot/index.html |access-date=2024-10-22 |website=CNN |language=en}}

= 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 the insurrection.{{cite web |url=https://www.citizensforethics.org/legal-action/lawsuits/lawsuit-filed-to-remove-couy-griffin-from-office/ |title=Lawsuit filed to remove Couy Griffin from office |website=CREW {{!}} Citizens for Responsibility and Ethics in Washington |date=March 21, 2022}}

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 the insurrection.{{Cite press release |url=https://www.citizensforethics.org/news/press-releases/judge-removes-couy-griffin-from-office-for-engaging-in-the-january-6-insurrection/ |title=Judge removes Griffin from office for engaging in the January 6 insurrection |date=September 6, 2022 |publisher=Citizens for Responsibility and Ethics in Washington}}{{Cite news |url=https://www.cnn.com/2022/09/06/politics/couy-griffin-new-mexico-january-6/index.html |title=New Mexico county commissioner removed from elected office for role in US Capitol riot |first1=Hannah |last1=Rabinowitz |first2=Holmes |last2=Lybrand |first3=Scott |last3=Bronstein |work=CNN |date=September 6, 2022}}

In October 2022, New Mexico governor Michelle Lujan Grisham appointed Stephanie DuBois to Griffin's vacant seat on the commission. DuBois owns a dog grooming business and formerly served as chair of the Otero County Democratic Party. Republicans criticized Lujan Grisham for appointing a Democrat to a seat which had been Republican-held.{{cite news |url=https://www.alamogordonews.com/story/news/2022/10/20/democrat-stephanie-dubois-appointed-to-otero-county-commission-as-republicans-lead-in-early-voting/69577182007/ |title=Democrat Stephanie DuBois appointed to Otero County Commission as Republicans lead in early voting |newspaper=Alamogordo Daily News |date=October 10, 2022}} DuBois ran for a full term in the November 2022 election but was defeated by Republican Amy Barela, a car salvage business owner and former chair of the Otero County Republican Party.{{cite news |url=https://www.alamogordonews.com/story/news/2022/11/09/barela-defeats-dubois-for-otero-commission-district-2-seat/69611247007/ |title=Republican Amy Barela defeats Democrat Stephanie DuBois for Otero Commission District 2 seat |newspaper=Alamogordo Daily News |date=November 9, 2022}}

The debarment from holding public office for insurrection is "for life"; Griffin 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.{{cite news |url=https://www.nytimes.com/2022/09/06/us/politics/jan-6-griffin-insurrection.html |title=Judge Unseats Official Who Trespassed at Capitol on Jan. 6 |first1=Luke |last1=Broadwater |first2=Alan |last2=Feuer |date=September 6, 2022 |work=The New York Times}}{{cite news |last1=Blake |first1=Aaron |title=Effort to bar Jan. 6 figures from office notches historic win. What now? |url=https://www.washingtonpost.com/politics/2022/09/06/couy-griffin-fourteenth-amendment-insurrection/ |access-date=September 6, 2022 |newspaper=The Washington Post |date=September 6, 2022}}

Griffin appealed the case to the New Mexico Supreme Court, which dismissed the appeal on procedural grounds in November,{{cite web |first=Kaila |last=Philo |url=https://talkingpointsmemo.com/news/jan-6-rioter-barred-holding-office-insurrection-clause-appeal-dismissed-cowboys-for-trump |title=Jan. 6 Rioter Barred From Holding Office For Life Under Insurrection Clause After His Appeal Is Dismissed |work=Talking Points Memo |date=November 16, 2022}} and reaffirmed this dismissal in February 2023.{{cite news |last1=Upchurch |first1=Marilyn |title=New Mexico Supreme Court maintains Couy Griffin office removal |url=https://www.krqe.com/news/politics-government/new-mexico-supreme-court-maintains-couy-griffin-office-removal/ |access-date=April 14, 2023 |work=KRQE |date=February 18, 2023}}

Griffin appealed again, this time to the Supreme Court of the United States, attempting to rely on the court's ruling in Trump v. Anderson, but the court rejected his appeal without comment on March 18, 2024.{{cite news|url=https://www.nbcnews.com/politics/supreme-court/supreme-court-turns-away-cowboys-trump-founder-ousted-office-jan-6-rcna139265|title=Supreme Court turns away 'Cowboys for Trump' co-founder ousted from office over Jan. 6|newspaper=NBC News|date=March 18, 2024|first=Lawrence|last=Hurley}} His removal from office under section three of the Fourteenth Amendment of the United States Constitution was the first removal under that amendment of an office holder who participated in the January 6 insurrection, and he is barred from ever holding public office again.{{Cite news |first1=Morgan |last1=Lee |first2=Nicholas |last2=Riccardi |first3=Mark |last3=Sherman |url=https://apnews.com/article/supreme-court-insurrection-capitol-attack-new-mexico-cc69572ec4a4404c69947d7d91b3960a |title=Supreme Court rejects appeal by former New Mexico county commissioner banned for Jan. 6 insurrection |work=Associated Press |date=March 18, 2024}}{{Cite news |first1=Morgan |last1=Lee |first2=Nicholas |last2=Riccardi |url=https://apnews.com/article/14th-amendment-insurrection-supreme-court-new-mexico-bfae39fc022578fc23f5c19d9330653d |title=Supreme Court opens new frontier for insurrection claims that could target state and local officials |work=Associated Press |date=March 19, 2024}}

2023 arrest in incident with renter

In May 2023, in an unrelated incident, Griffin was arrested for two counts of harassment and three counts of trespassing. A dispute began in April 2023 when Griffin sought to evict a renter from a property which Griffin's family owned, which led to complaints and ultimately charges against Griffin.{{Cite news |last=Boetel |first=Ryan |date=May 23, 2023 |title=Cowboys for Trump founder Couy Griffin arrested |url=https://www.abqjournal.com/news/local/cowboys-for-trump-founder-couy-griffin-arrested/article_0a9967a7-bcf1-5b19-b056-a2134c8e4171.html |access-date=October 23, 2023 |work=Albuquerque Journal |language=en}}

Electoral history

{{Election box begin no change| title= 2018 Otero County 2nd Commission District Republican primary election{{cite web |title=Otero County Results |url=https://electionresults.sos.state.nm.us/resultsSW.aspx?type=CTYALL&map=CTY&cty=15&name=Otero&eid=112 |publisher=New Mexico Secretary of State |access-date=October 9, 2023 |date=June 26, 2018}}}}

{{Election box winning candidate with party link no change

|party = Republican Party (United States)

|candidate = Couy Griffin

|votes = 708

|percentage = 55.44%

}}

{{Election box candidate with party link no change

|party = Republican Party (United States)

|candidate = Gregory J. Bose

|votes = 317

|percentage = 24.82%

}}

{{Election box candidate with party link no change

|party = Republican Party (United States)

|candidate = Christopher W. Rupp

|votes = 252

|percentage = 19.73%

}}

{{Election box total no change

|votes = 1,277

|percentage = 100%

}}

{{Election box end}}

{{Election box begin no change| title= 2018 Otero County 2nd Commission District election{{cite web |title=Otero County Results |url=https://electionresults.sos.state.nm.us/resultsSW.aspx?type=CTYALL&map=CTY&cty=15&name=Otero&eid=2698 |publisher=New Mexico Secretary of State |access-date=October 9, 2023 |date=November 27, 2018}}}}

{{Election box winning candidate with party link no change

|party = Republican Party (United States)

|candidate = Couy Griffin

|votes = 3,090

|percentage = 65.40%

}}

{{Election box candidate with party link no change

|party = Democratic Party (United States)

|candidate = Christopher S. Jones

|votes = 1,635

|percentage = 34.60%

}}

{{Election box total no change

|votes = 4,725

|percentage = 100%

}}

{{Election box hold with party link no swing

|winner = Republican Party (United States)

}}

{{Election box end}}

References

{{Reflist}}