A U.S. appeals court has upheld the criminal trespassing charges against the majority of the nearly 1,500 individuals accused in connection with the January 6, 2021, Capitol riot. In a 2-1 decision, the U.S. Court of Appeals for the District of Columbia Circuit rejected an appeal from Couy Griffin, one of the defendants, who sought to have his conviction overturned.
Griffin, a former New Mexico county commissioner and founder of “Cowboys for Trump,” argued that federal prosecutors should have proven he was aware of then-Vice President Mike Pence’s presence at the Capitol on the day of the attack, which necessitated Secret Service protection. The court, however, ruled that prosecutors only needed to prove that Griffin knowingly entered a restricted area.
The decision is seen as a significant win for the U.S. government, particularly since about 95% of all Capitol riot defendants face similar trespassing charges. The court stated that Congress’s intention was clear—no additional proof of knowledge about specific protectees like Pence was required to uphold the charges.
Griffin had previously been convicted of two misdemeanor offenses for his role in the riot, which included climbing a stage constructed for the upcoming presidential inauguration. He was sentenced to 14 days in jail in 2022.
This ruling comes at a time when legal challenges related to January 6 continue to mount. Earlier in the year, the U.S. Supreme Court raised the bar for prosecutors in cases involving a separate felony obstruction charge, which affected more than 250 defendants. Despite these legal challenges, the government’s ability to pursue trespassing charges remains unshaken.
While neither Griffin’s attorney nor the U.S. attorney’s office in Washington commented on the ruling, this latest decision reinforces the legal framework surrounding the Capitol riot prosecutions, ensuring that the trespassing charges will stick for the vast majority of those accused.
