Judge removes Griffin from office for engaging in the January 6 insurrection

[brooklynite]

Source: CREW

SANTA FE — A New Mexico judge ordered Otero County Commissioner Couy Griffin be removed from office, effective immediately, ruling that the attack on the Capitol was an insurrection and that Griffin’s participation in it disqualified him under Section 3 of the 14th Amendment. This decision marks the first time since 1869 that a court has disqualified a public official under Section 3, and the first time that any court has ruled the events of January 6, 2021 an insurrection.

Section 3 of the 14th Amendment, also known as the Disqualification Clause, bars any person from holding federal or state office who took an “oath…to support the Constitution of the United States” as an “officer of any State” and then “engaged in insurrection or rebellion” or gave “aid or comfort” to insurrectionists. Griffin, as an Otero County Commissioner since January 2019, took an oath to “support and uphold the Constitution and laws of the State of New Mexico, and the Constitution of the United States.”

“This is a historic win for accountability for the January 6th insurrection and the efforts to disrupt the peaceful transfer of power in the United States. Protecting American democracy means ensuring those who violate their oaths to the Constitution are held responsible,” said CREW President Noah Bookbinder. “This decision makes clear that any current or former public officials who took an oath to defend the U.S. Constitution and then participated in the January 6th insurrection can and will be removed and barred from government service for their actions.”

Under New Mexico law, any private citizen of the state may file a lawsuit to remove a disqualified county official from office. A group of New Mexico residents were represented in this case by Citizens for Responsibility and Ethics in Washington and the New Mexico-based law firms of Freedman Boyd Hollander and Goldberg P.A, Dodd Law Office, LLC, and the Law Office of Amber Fayerberg, LLC, as well as by Cohen Milstein Sellers & Toll PLLC.

Read more: https://www.citizensforethics.org/news/press-releases/judge-removes-couy-griffin-from-office-for-engaging-in-the-january-6-insurrection/

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The inevitable Court appeal will be fun to watch.

[Thomas Hurt]

1. and the race to the Alito Court is on!

[brooklynite]

3. Before jumping to "the Court will do whatever it wants" assertions...

The 14th Amendment to the Constitution is, by definition, Constitutional. The only basis for an appeal would be that the Judge didn't have authority to rule that an Insurrection had occurred.

[melm00se]

4. Winner winner

chicken dinner.

[FBaggins]

6. Lacked the authority or abused that authority

Insurrection is a federal crime. A higher court could easily rule that the state civil court judge could disqualify a candidate who had been convicted of that crime, but that no such conviction had occurred. Could even express an opinion that a given event was an insurrection, but could not convict anyone of that crime.

[duhneece]

7. Ooooh I needed to hear this. We're dancing the happy dance but wondering. nt

[whopis01]

11. Would the only basis be that the judge didn't have authority?

Or could it be appealed that the judge ruled incorrectly? Meaning that the judge had the authority to determine it was an insurrection, but was wrong in his conclusion?

[Omaha Steve]

2. This is where DUer Stephanie DuBois is running for office

Donate to help her win here: https://secure.actblue.com/donate/dufordubois22

[niyad]

5. And this is where our own duhneece lives. Cannot wait to hear from her.

[duhneece]

8. And where we're seeing wins!

"Ashlie Myers is fighting metastatic breast cancer and all five men on the Alamogordo City Commission.

The male commissioners last month voted for a resolution describing Alamogordo as “a sanctuary for the unborn.” Mayor Susan Payne and Commissioner Sharon McDonald dissented, meaning the commission was divided on gender lines.

“I simply did not believe it was a function of city government,” Payne said of the anti-abortion resolution, which has no force of law.

Myers, a 42-year-old mother of three, said she didn’t appreciate the way male politicians discounted opposing views during a special public meeting at the civic center."
https://www.santafenewmexican.com/news/local_news/motivated-mom-challenges-towns-anti-abortion-stand/article_1372e2d0-2869-11ed-9f0d-2b7f42c06935.html

And we're doing it with DU support.

[bucolic_frolic]

9. State law backing up the lawsuit and ruling by the judge. Not some capricious legalistic whim. /nt

[brooklynite]

10. Not arguing that the ruling is capricious...

...but a Federal Judge might view things differently.

[bucolic_frolic]

12. Oh yes, that for sure. /nt

[wildman76]

13. Finally some accountability, not fast enough

[Liberty Belle]

14. Can this set precedent to remove members of Congress, too, who participated in the insurrection?

Perhaps the 911 committee might recommend this for a few of the most blatant offenders.

[brooklynite]

15. "911 Committee"?

[Duppers]

16. Indeed! 👍 Absolutely should!

[multigraincracker]

17. What a great start....

Please continue.

[liberalla]

18. Man, I would love to see much, MUCH more of this!

Especially the congress critters who supported or participated in J6!

[trusty elf]

19. an anagram of "cowboys for trump"...

fry worst coup mob

[LetMyPeopleVote]

20. This makes me smile

Link to tweet

[moonshinegnomie]

21. i just skimmed over the court order removing him

one of his arguments (he represented himself) was that the part of the constitution that was used to remove him (the 14th amendment) is unconstitutional.........
what a moron.

he fucked around and found out

[duhneece]

23. No fucking shit

He shouldn't have messed around.

[LetMyPeopleVote]

22. Griffin is barred from public office under the 14th Amendment's disqualification clause.

Link to tweet

[hydrolastic]

24. Made my day to hear this.

Whistle while I worked !