Attorneys ask the U.S. Supreme Court to reject petition from ousted Otero County commissioner (NM - ousted for participating in Jan 6 "insurrection")

The Albuquerque Journal ^ | January 18, 2024 | Olivier Uyttebrouck

[CedarDave]

The U.S. Supreme Court lacks jurisdiction to review a New Mexico ruling that ousted Couy Griffin from his seat on the Otero County Commission, a group of attorneys argued this week.

Griffin has asked the nation’s highest court to review a decision by a New Mexico judge who booted Griffin from office in 2022 for his role in the Jan. 6, 2021, attack on the U.S. Capitol.

The September 2022 ruling marked the first time since 1869 that someone was removed from public office for violating Section 3 of the 14th Amendment.

Griffin’s attorneys argued in a petition filed last year that the New Mexico district judge erred in finding that Griffin’s actions violated the insurrection clause in the 14th Amendment.

A brief filed Tuesday asked the U.S. Supreme Court to deny Griffin’s petition, arguing that he was ousted under a New Mexico law that allows the removal of public officials who commit acts that disqualify them from office.

The state law was the mechanism used by a group of New Mexico residents to remove Griffin from office, said Nikhel Sus, an attorney for Citizens for Responsibility and Ethics in Washington, D.C., who co-authored the brief.

“In New Mexico, residents can go to court and sue the office holder to adjudicate whether they are disqualified,” Sus said in a phone interview Thursday. “If they are disqualified, the court can order that the office holder be removed from office, and that’s what happened in Mr. Griffin’s case.”

In Griffin’s case, the state law was used in tandem with the insurrection clause in the 14th Amendment, Sus said. Because Griffin was removed from office under a New Mexico law, the U.S. Supreme Court lacks jurisdiction to overturn the decision, the attorneys argue in their brief.

[CedarDave]

Griffin did not enter the Capital building but was arrested for entering the Capitol grounds on Jan. 6. He was convicted in federal court of a misdemeanor and sentenced to 14 days with credit for time served. He is a fervent supporter of former President Donald Trump.

[E. Pluribus Unum]

Political activity by non-Democrats ist verboten.

[CedarDave]

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[rktman]

Abq Journal......”Jan 6 “ATTACK”” on the capital. Of course.

[Torahman]

Oliver is a filthy, disgusting, fascist LIAR. Words intended to deceive.

[piytar]

Jan. 6, 2021, attack

I am so tired of the Jan. 6 protest being called an attack. That's pure leftscum propaganda.

[piytar]

By using the 14th Amendment, didn’t they make this subject to the jurisdiction of the SCOTUS?

[Steely Tom]

Their attacks are “protests.”

Our protests are “attacks.”

[dfwgator]

“Your speech is violence, our violence is speech.”

[Steely Tom]

Unusually hot days are “climate.”

Unusually cold days are “weather.”

[monkeyshine]

That was my thought when I read the headline. Though they also charged him under state law so perhaps it will still stand. But there is a slippery slope as to what constitutes “conduct unfit for office”. A misdemeanor conviction for political activity? I am sure there are plenty of people holding bureaucratic positions who have done much worse. This seems like an abuse of discretion by the state.

[rktman]

So will it eventually be that if you failed to oppose the activities on Jan 6 you become a co-conspirator?

[linMcHlp]

bttt - both of your replies

Adding, the liberal media’s Watergate (hysteria) proclamation:

“It is the seriousness of the charges.”

[CodeToad]

“The September 2022 ruling marked the first time since 1869 that someone was removed from public office for violating Section 3 of the 14th Amendment.”

So, these “attorneys” think the US Supreme Court has no jurisdiction over constitutional matters?

Where did these idiots get their law degrees, India? Cracker Jacks box?

[CodeToad]

““Your speech is violence, our violence is speech.””

Perfectly said.

[CodeToad]

If these idiots were licensed attorneys then they would know congress did cancel out the 14th Amendment third clause. How could an attorney not know this? It would be gross incompetence not to know that in 1872 and again in 1898 Congress set aside that third clause.

[griswold3]

A misdemeanor conviction for political activity?
17 Democrat lawmakers arrested during Supreme Court Protest

[Freee-dame]

Has anyone seen a map that shows the extent of these “Capitolgrounds “? There is a lot of grass around the Capitol. People could be rather far away from the building and possibly be on the Capitol grounds. In normal times you can even go on the steps freely. Who would know that it was illegal to be on the grass around the steps?

[Sirius Lee]

SCOTUS loves it when you tell them to F off and mind its own business.

[Freee-dame]

Has anyone seen a map that shows the extent of these “Capitolgrounds “? There is a lot of grass around the Capitol. People could be rather far away from the building and possibly be on the Capitol grounds. In normal times you can even go on the steps freely. Who would know that it was illegal to be on the grass around the steps?