
(5MinNewsBreak.com) – Setting a troubling precedent for many other “trespassers,” a federal appeals court has upheld the trespassing conviction of “Cowboys for Trump” co-founder Couy Griffin for his alleged involvement in the January 6 Capitol protest.
This ruling potentially threatens the rights of countless American citizens who were present that day to voice their concerns about election integrity.
In a 2-1 decision, the District of Columbia Circuit Court of Appeals has effectively criminalized being present in a restricted area.
It did so without requiring prosecutors to prove that individuals knew why the area was restricted.
This ruling could have far-reaching consequences for hundreds of other patriots facing similar charges related to January 6.
Former New Mexico county commissioner Griffin had challenged his 2022 conviction, arguing that he could not have “knowingly entered” a restricted zone without being aware it was protecting a Secret Service protectee, specifically then-Vice President Mike Pence.
However, the court’s majority opinion, penned by Judge Cornelia Pillard, dismissed this argument.
She wrote:
“A contrary interpretation would impair the Secret Service’s ability to protect its charges. It would require Secret Service agents preventing members of the public from encroaching on a temporary security zone to confirm that each intruder knows that a person under Secret Service protection is or is expected to be there. Neither the text nor the context of the statute supports that reading.”
The court’s decision hinges on a technicality in the law, which prohibits “knowingly” entering a restricted area defined as “posted, cordoned off or otherwise restricted,” especially where Secret Service protectees are present.
This ruling ignores that many protesters on January 6 were unaware of the exact nature of the restrictions or the presence of Secret Service protectees.
It is worth noting that Griffin claimed previous rioters had removed fencing and signals, raising questions about how clearly the area was marked as restricted.
Meanwhile, Judge Gregory Katsas dissented from the majority opinion, arguing that both knowledge of the restriction and its reason are necessary for conviction.
The implications of this ruling are staggering. Over 1,400 January 6 protesters have faced misdemeanor charges, with 171 facing felony charges for entering restricted zones.
Griffin may now continue to appeal his conviction, potentially taking his case to the U.S. Supreme Court.
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