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.
A misdemeanor conviction for political activity?
17 Democrat lawmakers arrested during Supreme Court Protest
Three New Mexico residents filed a civil lawsuit against Griffin, arguing that he violated the 14th Amendment when he entered the Capitol grounds that day.
Griffin represented himself in a civil bench trial before 1st Judicial District Judge Francis Mathew, who found that Griffin had engaged in an insurrection and ordered his removal as an Otero County commissioner.
“It’s a disgrace that a bench trial before a liberal Democrat judge can remove a duly elected official,” Griffin said Thursday in a phone interview. “It’s just fraud and corruption in its purest form.”
The argument that the SCOTUS should dismiss the case because he was disqualified under New Mexico law should be disregarded because the judge applying the NM law used the Jan 6 "insurrection" conviction as the reason for removing him. However, without reviewing the legal filings, it may be that he was also removed for the conviction of the misdemeanor of trespassing at the Capital.