For the first time in at least a century, a public official has been removed from office for violating the Fourteenth Amendment’s “insurrection” clause. On September 6, a New Mexico state trial court removed Couy Griffin from his County Commissioner post in Otero County. State of New Mexico v Griffin, Santa Fe District Court, First District, D-101-cv-2022-473. Here is the opinion, which is quite detailed in describing Griffin’s actions during the first week in January 2021. He participated in the breach of the Capitol.
Griffin had already filed a federal lawsuit to suspend the state court proceedings, but the federal court had said the federal case is not ripe until and unless Griffin were removed by a state court. Presumably Griffin will now re-activate his federal lawsuit, which is Griffin v White, 2:22cv-362.
Griffin is a Republican. He is not running for re-election. He was first elected in 2018, to a four-year term. Thanks to Political Wire for this news.
By the court’s definition a peaceful protest could qualify as an insurrection. It says violence is not required; “intimidation by numbers” is sufficient.
Nice try, Arthur. I quote:
“‘The irony of Mr. Griffin’s argument that this Court should refrain from applying the law
and consider the will of the people in District Two of Otero County who retained him as a county
commissioner against a recall effort as he attempts to defend his participation in an insurrection
by a mob whose goal, by his own admission, was to set aside the results of a free, fair and lawful
election by a majority of the people of the entire country (the will of the people) has not escaped
this Court.”
This is a bad court decision.
Any Fed indictment of the state court hack ???
Any STATE court have jurisdiction of the subject matter ??? —
enforcement via a 14-5 USA law ???
CONVICTION in a USA court [civil or military] required for a 14-3 violation ???
More stuff for SCOTUS shortly ???
So, having the quo warranto forfeiture of office adjudged, when is the civil action to recover Griffin’s Otero County Commissioner salary to begin?
Average estimated commissioner salary in New Mexico = $41,731 a year. Presumably, Griffin still drew salary even though he was disqualified the moment he committed the insurrectionary acts; meaning, from 6 Jan 2021. The adjudged forfeiture and lifetime ban from office was handed down today, 6 Sep 2022. The decision is clear. Griffin was disqualified from office, effective 6 January 2021. Yet he continued to draw salary, one might allege, under false pretenses (given his requisite sworn oath of office).
The duration of this misappropriation took place for 608 days. Prorated, and perhaps subject to recovery under civil code, is a total salary of approximately $69,513.55. I’m sure the county can use that money. Go get it.
Further, recall election expenses forced upon the county by the gentleman’s insistence on remaining in office unlawfully (having participated in insurrection) may also be recoverable under civil code. That could add many tens of thousands more dollars of further liability. Go get the money.
In my view, molly-coddling this guy (or any of the other other insurrectionists) will not deter them. But going after that money, demanding the return of the public funds illegitimately paid to the gentleman insurrectionist would definitely be a mighty strong deterrent going forward.
Contrary to the comment above, e.g. “This is a bad court decision,” this judicial decision is an absolute masterpiece. It is a sterling example of using stare decisis in case law to rule upon the pleading before the court.
I have little doubt it will be the template model for future litigation to be brought against the insurrectionists, all of them.
The garbage comment on September 6, 2022 at 11:41 am is from Robert K Stock.
Any judge ruling this way needs to be impeached and removed.
Who is the bigger retard: Robert K Stock or Floyd Whitley?
Abortionist Whitley is a low IQ retard who writes novels when only a few words suffice. At least Stock knows how to keep it brief.
Novels…are fictions. Equivalent to the spins from insurrectionist conspiracy Q’s, and the Oath Non-Keepers (that would be Griffin), the 1%, 2% or whatever’s and the Loud Boytoys…and just as fictional.
And of course, lies are fictions too of a different sort.
Trumpicana sycophants…keep syc’n so to speak. It’s what they (you) do.
As to facts, those can found in judicial documents like the 46 pages Judge Mathews slapped on the Oath Non-Keeper Griffin. I know, I know. 46 pages for a Trumpista cultist must be like trying to read Tolstoy. J’ist ain’t got ‘nuf ‘tin-shun span, yo.
Say whu? Duh, huh?
Commie retard Whitley once again spouting FAKE NEWS.
Too many woidz, too many woidz!
Oh well. I found that historical citation in Judge Mathew’s 6 Sep 2022 decision today against the New Mexico insurrectionist Griffin to have much wisdom.
But I am well aware that history (meaning facts, the ability to connect woidz and maybe even use punctuation) is well beyond the ken of the Trumpitista 1st Amendment deniers.
So I post to the literate instead. Judge Mathew’s decision cited the Grand Jury instructions in a 1894 case involving the Pullman rail strikes. Those instructions were issued by Peter Stenger Grosscup, Northern Illinois District Court.
“Neither the torch of the incendiary, nor the weapon of the insurrectionist, nor the inflamed tongue of him who incites to fire and sword is the instrument to bring about reforms.” It has been my experience that this is true.
Judge Grosscup went much further; so far, in fact, his 1894 instructions to the grand jury were called “a gatling gun on paper” by the New York Times.
Grosscup also stated: “Men who appear as the champions of great changes must first submit them to discussion, discussion that reaches, not simply the parties interested, but the outer circles of society, and must be patient as well as persevering until the public intelligence has been reached, and a public judgment made up. An appeal to force before that hour is a crime, not only against government of existing laws, but against the cause itself; for what man of any intelligence supposes that any settlement will abide which is induced under the light of the torch or the shadow of an overpowering threat?”
Ah. The crux of the issue…what man of any intelligence? Obviously, that leave out the Trumpetistas. Intelligence, a commodity in famine short supply among the orange groves.
Whut he sa’? Muh haid iz’a hurtin”…too many woidz!
Whitley wishes he was an attorney but apparently had too low of an IQ and so developed the complex on display here. He thinks word usage is a matter of quantity rather than quality. That simple fact alone explains everything about him. Attorneys are succinct and straightforward because they don’t have time to waste.
“Insurrection”
LMFAO
You have to be incredibly retarded and gullible to believe there was an insurrection.
Do you also believe in Santa Claus?
Whitley once again spewing nonsense. Explains why only two people showed up at his convention.
The insurrectionist Griffin sure doesn’t think it’s nonsense. Banned for life from elective office…but a permanent asterisk in the macabre world of Trumpian Legacy.
Returning to the “laconic” 1894 instructions of Judge Grosscup: “…that their [the federal government’s] attempted arrest for such offense has been opposed by such a number of persons as would constitute a general uprising in that particular locality, then the fact of an insurrection, within the meaning of the law, has been established.”
The fact of an insurrection on January 6, 2021 has been established within the meaning of the law.
“…and he who by speech, writing, or other inducement assists in setting it on foot, or carrying it along, or gives it aid or comfort, is guilty of a violation of law.”
In other words, they too are participatory insurrectionists.
“It is not necessary that there should be bloodshed [even though there was–which ought to be additionally charged as manslaughter on all guilty insurrectionists]; it is not necessary that its dimensions should be so portentous as to insure probable success, to constitute an insurrection.”
“It is necessary, however, that the rising should be in opposition to the execution of the laws of the United States.”
The January 6 insurrectional riots, even by the admission of many of the guilty who pleaded, were “in opposition to the execution of the laws of the United States.” Ergo, the bunch of ’em are guilty.
Looks like the majority of Trump’s Trailerpark may be getting a lot of Big Bubba’s for their close neighbors.
Yeah. Pleaded guilty after being held in solitary confinement for over a year.
Do you believe everything your daddy (government) tells you?
Abortionist Floyd Whitley:
“Govern me harder, daddy! Shove me full of your experimental vaccine! Pump estrogen into my veins! Castrate me! Tell me all about how the MAGA people nearly overthrew the government by walking inside a building!”
The only real insurrection on 6 January 2021 was the acts of treason whereby Congress and the Vice President certified the results of an illegitimate election stolen by a hostile foreign power and aided and abetted by sinister leftist traitor scum from within.
Abortionist Whitless is one sick puppy.
Michael Tracey:
“‘Democracy’ update: a lone judge in New Mexico just issued a declaratory judgment legally defining Jan 6 as an ‘insurrection,’ ordered a County Commissioner removed from office ‘effective immediately,’ and permanently barred him from running again. He was convicted of trespassing.”
This injustice can not stand. It must and shall be overturned through appeals. If it is not, justice would have to be served through other means. We must restore our independence and sovereignty and kick out the alien invaders and election cheats in cahoots with enemy nations. Our Republic must be brought back to life, and it may well take the blood of patriots and tyrants once again to restore our Constitution and our duly elected President to the office He was unjustly robbed of.
Thanks for demonstrating real class there, Q. Regurgitate conspiracies much? Of course you do.
Anyhow, pantywaist “pate-ruts” (i.e. the seditious rioters who showed up at the Capitol waiving desecrated American flags bearing the image of their goo-faced demigod) are indeed guilty of insurrection. BTW, you boys with that superimposed bleached hair beach boy imitation thing of Trumpicana as Rambo, seriously? You need therapy.
Being white boy pantywaists, as you are, you snowflakes’re now crying about being held to account for riot and mayhem, sedition and insurrection. Quit yer crying, and man up. Don’t do the crime if you can’t do the time.
I understand you cultists figure rules don’t apply to you, neither do laws. After all, that is what the Trumpicana One programs you to believe constantly in his fleece-the-fools reeducation campaign camps. Yeah, drag some meme level slogans through a Republican trailer park. You never know what kind of “escorts” you can hook up, or lawyers. Some escorts may even let you into secure county elections server rooms, over a coffee if you can avoid the IT guys.
As friendly advice to the People’s Temple (which moved from Guyana to Florida with a few pallets of government records and some indiscreet, um, clothing), I would be very suspicious should Don the Guru Guy ask you: “What flavor?…Grape? Or orange?”
“The only real insurrection on 6 January 2021 was the acts of treason whereby Congress and the Vice President certified the results of an illegitimate election stolen by a hostile foreign power and aided and abetted by sinister leftist traitor scum from within.”
True, and these traitors must all be rooted out and punished, starting from the very top. It has long been foretold that our Race must defeat the Yellow Chinese Peril in the final war, and that includes there fifth column in the USA. It is only then that a great Theocratic White Supremacist Patriarchy can be restored with President Trump and justice for all.
T-R- -M-P L-O-S-T
Buy a vowel if you can’t figure it out.
TRUMP WON
I tried reading Abortionist Floyd Whitley’s word salad above and it sounds like he hates white people. Maybe he should go visit and enjoy the diversity in South Chicago and Compton. I’m sure they’ll welcome him with open arms.
When Trump is finally back in his rightful office there will be hell to pay. It will be so much better than His first term.
Whitley has a sick obsession. Notice he only comments on one specific topic.
Imagine how upset Whitless will be when Trump is sworn into office again.