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Choose calls Jan. 6 an ‘rebel,’ bars ‘Cowboys for Trump’ founder

A New Mexico judge Tuesday declared that the Jan. 6 riot in the Capitol was a “riot” because he ruled that Otero County Commissioner and founder of Cowboys for Trump Couy Griffin be removed from office must be because he took part in the attack.

Griffin is barred from holding federal or state office for life — including his current role as district commissioner, from which he will be ousted “effective immediately,” Judge Francis Matthew ruled.

Griffin was “constitutionally disqualified” from those positions as of Jan. 6, 2021, the judge concluded.

That day, a violent mob of supporters of former President Donald Trump stormed the US Capitol, forcing lawmakers to leave their chambers and disrupting the transfer of power to President Joe Biden. Griffin was convicted in March of a misdemeanor for violating the restricted Capitol grounds.

The riot and the planning and incitement that led to it “constituted a ‘rebellion'” under the 14th Amendment, Matthew wrote in the New Mexico 1st Circuit Court decision.

The ruling was the first time a court had found that the Capitol riot met the definition of a riot, according to the government nonprofit watchdog group CREW, which represented the plaintiffs who filed the suit to disqualify Griffin.

“This decision makes clear that all current or former officials who took an oath to defend the US Constitution and then participated in the riot of 6.

Griffin told CNN later Tuesday that he had been ordered to clean up his desk.

“I’m shocked, just shocked,” Griffin told CNN. “I really didn’t feel like the state was going to attack me like that. I don’t know where to go from here.”

According to CREW, Matthew’s ruling is also the first time since 1869 that a court has disqualified an officer under Section 3 of the 14th Amendment.

This section, known as the disqualification clause, prohibits any person from holding any civil or military office at the federal or state level of the United States if they are “participating in an insurrection or rebellion against the same, or offering aid or consolation to the enemies thereof.” have done.”

Griffin did not enter the Capitol itself or commit any violence during the January 6 riots, but he did participate and his actions “supported the riot,” Matthew judged.

“By joining the mob and trespassing on unauthorized Capitol property, Mr. Griffin helped delay the Congressional election certification process,” the judge wrote. Griffin’s presence “helped to overwhelm law enforcement” and he “instigated, encouraged and helped normalize violence” during the riot, Matthew ruled.

In addition, the judge dismissed as “unfounded” the arguments put forward by Griffin, who represented himself in the case.

Griffin’s attempts to “clean up his actions are without merit and are at odds with the evidence presented by the plaintiffs, given that he himself has not presented any evidence in his own defense,” Matthew wrote.

His arguments in court were “not credible and amounted to nothing more than trying to put lipstick on a pig,” added the judge.

Griffin was arrested less than two weeks after the Capitol riot. He was found guilty in March and on June 17 was sentenced to a two-week prison term along with a $3,000 fine and community service.

Griffin, a Republican and vocal Trump supporter, has repeated the former president’s false claims that the 2020 election results were marred by widespread fraud.

He and the other two GOP members who make up the Otero County Commission have refused to confirm recent primary election results, reportedly citing conspiracy theories about Dominion voting machines. The commission ultimately voted 2 to 1 to confirm the primary findings, with Griffin voting no.

In 2019, Griffin founded Cowboys for Trump, a group that hosted pro-Trump horseback riding parades.

Bookbinder called Tuesday’s ruling “a historic victory for accountability for the January 6 insurgency and efforts to disrupt the peaceful transfer of power in the United States.”

“Protecting American democracy means ensuring those who violate their oath to the Constitution are held accountable,” he said.

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Home approves choose committee to analyze pro-Trump Capitol rebel

A supporter of U.S. President Donald Trump sprays smoke during a “Stop the Steal” protest outside of the Capitol building in Washington D.C. January 6, 2021.

Stephanie Keith | Reuters

The House passed legislation Wednesday that will form a select committee to investigate the violent Jan. 6 riot in which Donald Trump supporters stormed the U.S. Capitol. 

The measure passed in a 222-190 party-line vote. Only two Republicans, Reps. Adam Kinzinger, R-I.L., and Liz Cheney, R-W.Y., voted in favor of it.

 “We have the duty, to the Constitution and the Country, to find the truth of the January 6th Insurrection and to ensure that such an assault on our Democracy cannot happen again,” House Speaker Nancy Pelosi wrote in a letter to House members Wednesday morning. 

Pelosi announced the legislation after Senate Republicans blocked a bill in May that would have created an independent and bipartisan commission, modeled after the 9/11 commission, to probe the attack. GOP leaders asserted that it would only duplicate existing investigation efforts by the Justice Department and congressional committees. 

Under the newly approved legislation, the select committee will be led by Democrats and consist of 13 members. Pelosi will appoint one chairperson and all members to the committee, 5 of whom will be appointed in consultation with Republican House minority leader Kevin McCarthy, according to the legislation.  

The committee will investigate and report the facts and causes of the event, such as activities of intelligence and law enforcement agencies and technological factors that may have motivated the attack, the legislation says. It will also develop recommendations to prevent similar events from occurring in the future. 

All findings, conclusions and recommendations made by the committee will be issued in a final report to the House, according to the legislation. 

“Will we investigate how our democracy was attacked or will we send a green light to allow it to be attacked again? Will we stand with the cops or roll with the cop killers? Do we want the truth, or will we allow history to be erased? And are we for the constitution or are we for chaos?,” Representative Eric Swalwell said on the House floor.  

“January 6 was a crime against our democracy and the heroes of this Capitol. Now we must investigate it. Failing that, we are lawless. And lost.”

Rep. Michelle Fischbach, R-M.N., urged Republicans not to vote for the legislation, stating that it is “rife with partisan politics at its worst.”

A mob of Trump supporters stormed the Capitol on Jan. 6 in an effort to thwart Congress’ confirmation of President Joe Biden’s electoral victory. The attack left five people dead, including Capitol police officer Brian Sicknick. 

Pelosi invited Capitol Police Officer Harry Dunn and Metropolitan Police Officers Michael Fanone and Daniel Hodges to sit in during the House debate and vote. Gladys Sicknick, the mother of the police officer who died, was expected to attend as well. 

Police officers who responded at the Capitol and Gladys Sicknick have all lobbied for the independent select committee, the Associated Press reported Friday. 

Fanone and Dunn met with McCarthy last Friday, asking him to publicly condemn statements made by GOP members who have downplayed the attack and voted against honoring police for defending the Capitol, according to the Associated Press. 

Dunn, who had fought the rioters in hand-to-hand combat and was subject to racial slurs, told the Associated Press after the meeting that the goal is “accountability, justice for everybody that was involved.”

Fanone, who had described being shocked with a stun gun and beaten by rioters, added that he asked McCarthy not to put “the wrong people” on the select committee.

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Trump Aides Prepped Rebel Act Order Amid Protests

But invoking the Insurrection Act, an underutilized authority that allows presidents to use active military personnel for law enforcement purposes, would have escalated dramatically. The act has only been alleged twice in the past 40 years – once to quell the unrest following Hurricane Hugo in 1989 and once during the 1992 Los Angeles riots.

“We look weak,” said Trump, according to one of the officials. He complained about being taken to the bunker below the White House on the night of May 29 when the barricade outside the Treasury Department was broken. The New York Times had reported the bunker visit the day before, which made Trump angry.

But all three officers resisted the idea of ​​invoking the Insurrection Act. Mr Barr, who was Mr Trump’s attorney general for a year and a half and increasingly clashing with the president, told Mr Trump that civil law enforcement had enough manpower to handle the situation and that a drastic move like invoking the insurrection Act could lead to more protests and violence. Mr. Esper agreed with the two former officers.

Mr Trump’s meeting with Mr Barr, Mr Esper and Mr Milley was marked by his anger over the embarrassment on the world stage, according to two officials.

Reluctantly, Trump agreed to her advice not to use troops on active duty, officials said. Immediately after the meeting, Mr. Trump joined a call with governors across the country, some of whom saw protests surge in their states. Mr Trump urged them to “dominate” the protesters as he said the Minnesota National Guard did.

Mr Esper told his staff that he was so concerned about Mr Trump sending troops on active duty that he repeated the need to take control of their states in the hopes that he could encourage governors to deploy the National Guard to fend off federal measures. Using the Pentagon terminology he later shared with his staff that he regretted, Mr. Esper told governors “to dominate the battlefield,” a sentiment stemming from concerns about Mr. Trump’s intentions.

One background to the drafting of the Insurrection Act proclamation, however, was that discussions between the White House and city officials about how to contain the protests remained contentious throughout the day. At some point, White House officials suggested taking over the city’s police force to help contain the riot and restore order. The idea baffled Washington city officials.

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Senate Republicans block invoice to probe Capitol revolt

U.S. Senate Minority Leader Mitch McConnell (R-KY) speaks after the Republican Senate lunch on Capitol Hill in Washington Jan.

Evelyn Hockstein | Reuters

Senate Republicans on Friday blocked a bill that would set up an independent commission to investigate the January 6 riot in the U.S. Capitol as Democrats and the GOP argue over how best to investigate the legislature attack and another attack on the democratic process can be prevented.

With 54 to 35 votes, the measure did not reach the threshold required to overcome a filibuster, as almost all GOP senators were against it. Six Republicans voted to move the proposal forward: Bill Cassidy from Louisiana, Susan Collins from Maine, Lisa Murkowski from Alaska, Rob Portman from Ohio, Mitt Romney from Utah and Ben Sasse from Nebraska. All of these senators, with the exception of Portman, voted in February to hold former President Donald Trump guilty of inciting a riot.

The vote likely undermines the creation of a Democratic panel, and some Republicans have said it is important to understand what led to the violent attempt to disrupt the transfer of power to President Joe Biden. GOP leaders have claimed the commission could redouble existing efforts by the Department of Justice and Congressional committees to investigate the pro-Trump mob attack that resulted in five deaths, including that of Capitol Police officer Brian Sicknick.

Sicknick’s mother met with a handful of Republican senators Thursday and urged them to support the commission.

Republicans have tried to divert attention from the uprising – to which Trump’s 2020 election conspiracy theories contributed – as they seek to regain control of Congress in next year’s midterm elections. Top GOP lawmakers, particularly in the House of Representatives, have set themselves the goal of suppressing criticism of Trump, who remains the Republican Party’s most popular figure.

“Fear of or allegiance to Donald Trump, the Republican minority only prevented the American people from learning the full truth about January 6,” Senate Majority Leader Chuck Schumer, DN.Y., said after the vote.

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The Democratic-owned House of Representatives passed the bipartisan bill earlier this month with 252-175 votes. 35 Republicans supported it, while 175 GOP officials voted against. House Republican leaders pushed for resistance after Rep. John Katko, RN.Y. negotiated the deal with Rep. Bennie Thompson, D-Miss.

The bill failed to win the Republican votes it needed to move forward in the evenly divided Senate after minority leader Mitch McConnell, R-Ky., Urged his faction to oppose it.

“I will continue to support the real, serious work of our criminal justice system and our own Senate committees,” McConnell said Thursday before the vote. “And I will continue to urge my colleagues to oppose this superfluous shift if the Senate has to vote.”

The bill would set up a 10-person commission to study the factors that led to the uprising. The Democratic and Republican leaders would each appoint half of the members who could not be current government officials.

The subpoenaed panel would report on its investigation by the end of the year.

Schumer urged senators Thursday to back the commission law, saying the country must eradicate belief in Trump’s unsubstantiated claims that widespread fraud led to his defeat in November. He called the lies a “cancer” in the GOP.

“We have to investigate, uncover and report the truth,” he said. “We need to make a trustworthy record of what really happened on January 6th and what happened before that. That is exactly what this commission is supposed to do, non-partisan and right down the middle.”

At least one senior Republican in the Senate has suggested that the panel would detract from the party’s mid-term messages. John Thune, RS.D., said earlier this month, “Anything that makes us rewarm the 2020 elections is, in my opinion, a day where we don’t contrast ourselves with the very radical left-wing Democrats’ agenda can.” “

Senator Joe Manchin, the most conservative Democrat in the Senate, has repeatedly called on Republicans to vote in favor of setting up the commission. However, the West Virginia senator said he still would not team up with most of his Democratic counterparts to get rid of the filibuster that would allow the party to pass the bill on its own.

Biden, whose takeover of the presidency the pro-Trump mob sought to disrupt, scoffed Thursday at the prospect of senators voting against the commission’s establishment.

“I can’t imagine anyone voting against setting up a commission for the biggest attack on the Capitol since the Civil War,” he said.

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Capitol riot protests proceed 4 months after lethal revolt

A man breaks a window as a crowd of US President Donald Trump’s supporters storm the US Capitol in Washington on January 6, 2021.

Leah Millis | Reuters

Suspects in the January 6 attack on the US Capitol continue to be arrested as the Justice Department presses its investigation into the most significant federal violation in modern American history.

At least three supporters of former President Donald Trump were only arrested on Monday and charged with federal crimes related to the riot, according to court records.

Abram Markofski and Brandon Nelson from Wisconsin and John Douglas Wright from Ohio were arrested on Monday and charged with breaking into the Capitol.

Federal Bureau of Investigation files show that Markofski and Nelson have been investigated since shortly after a tipster contacted the FBI the day after the riot.

An indictment in Wright’s case involves four unnamed cooperating witnesses who each confirmed that he was at the Capitol on Jan. 6, based on Wright’s own posts on Facebook.

On January 16, 2021, the FBI posted Photo No. 104-AFO (“Attack on Federal Officials”) on its website and asked the public for assistance in identifying the individuals involved in the Capitol riot. Stör is in the top row on the far right.

Source: FBI | Ministry of Justice

The arrests come as federal prosecutors wrestle with the approach to the far-reaching investigation, in which more than 400 defendants are now involved.

At the end of April, prosecutors said they would indict at least 100 more people and described the investigation as “one of the largest in American history, both in terms of the number of prosecuted defendants and the nature and extent of the evidence.”

Officials have estimated that up to 800 people could have participated in efforts to forcibly prevent Congress from confirming President Joe Biden’s election victory in November, meaning that despite the large number of arrests, many of those who died on Nov. Having entered the Capitol on January 1st, will not be charged at all.

Proud boys and oath keepers

The most serious charges were brought against alleged members of the Oath Keepers and Proud Boys, two right-wing groups. The Oath Guards emphasize the recruitment of military and law enforcement officers, while the Proud Boys have described themselves as “Western chauvinists”.

Prosecutors have alleged that members of the Oath Keepers and Proud Boys worked together prior to the uprising to plan the attack. In court records, they cited news from Kelly Meggs, a suspected member of the Oath Keepers, referring to an “alliance” between the two groups and apparently discussing plans for the uprising.

“We have decided to work together and solve this problem,” wrote Meggs allegedly in a post on December 19 on Facebook, quoted by investigators. In another message a few days later, Meggs allegedly wrote to an unnamed person to “wait for the sixth when we’re all in DC for the riot”.

So far, at least 25 alleged proud boys and a dozen alleged oath guards have been charged. Defense lawyers for those charged have denied there was any plan to attack the Capitol.

Lower fees

The majority of those arrested so far on the probe have been hit with lesser charges. More than 350 people are charged with entering or leaving a restricted building, the Justice Department said. According to a CBS News tally, more than 100 people were accused of assaulting, resisting, or interfering with an officer.

So far, one of the central legal disputes has been whether or not defendants will be forced to remain in prison while their charges are pending. In March, the Washington federal appeals court gave prosecutors a setback in a ruling that suggested that non-violent rioters should not be jailed before sentenced.

“In our view, those who actually attacked police officers and broke windows, doors and barricades, and those who supported, conspired, planned or coordinated such actions are in a different category of danger than those who fueled the violence or entered the Capitol after others cleared the way, “wrote Judge Robert Wilkins, an Obama-appointed agent, for a three-judge panel on the DC Court of Appeals.

The appeals court ruling paved the way for many alleged rioters to wait from home for the trial. This happened in connection with a case against Eric Munchel and his mother Lisa Marie Eisenhart, who were later released from prison. Munchel is allegedly the subject of viral photos of a man wearing military gear and zippered handcuffs in the Capitol.

A federal judge in Washington Tuesday ordered the release of Connecticut, 23-year-old Patrick McCaughey, who is accused of assaulting a police officer trapped in a doorway by rioters. McCaughey had been detained since mid-January.

McCaughey attorney Lindy Urso said, “We are grateful that common sense and the law take precedence over politics.”

Urso had argued that when the judge had previously denied the loan, the judge had incriminated the defense to show that McCaughey posed no escape or danger to the public, rather than incriminating prosecutors to show that it was him .

Despite the March ruling by the US Circuit Court of Appeals, lower court judges agreed with prosecutors that some protesters may be detained on January 6, despite the lack of evidence of violence. For example, last month a federal district judge in Washington ordered two suspected Proud Boys leaders to be detained pending trial.

Judge Timothy Kelly admitted that Ethan Nordean of Seattle and Joseph Biggs of Florida lacked “the usual signs of dangerousness” but wrote that the two were accused of “trying, in a sense, to steal one of our country’s crown jewels, by intervening “the peaceful transfer of power. “

Kelly wrote that the men allegedly “facilitated political violence” even though prosecutors had no evidence that they personally committed acts of violence.

Pushing for a plea agreement

Experts have said prosecutors are likely to try to convince participants to plead guilty and agree to cooperate with the investigation.

So far, only one person, Jon Ryan Schaffer, has done this. Schaffer was a member of the Oath Keepers but is not one of the 12 people allegedly belonging to the group charged with conspiracy.

Schaffer pleaded guilty to two charges last month, with a possible maximum sentence of 30 years in prison: obstructing an official process and entering and remaining in a restricted building or compound with a deadly or dangerous weapon.

In a press release announcing Schaffer’s confession of guilt, released 100 days after Jan. 6, then-incumbent Assistant Attorney General John Carlin noted the Justice Department’s progress in the investigation and said Schaffer had admitted to being a “founding member.” Lifetime of “To be the Oath Keepers.” “

“The FBI has made an average of more than four arrests a day, seven days a week since January 6,” Carlin said.