In a major ruling, the U.S. Court of Appeals affirmed the use of criminal trespassing charges against defendants involved in the January 6 Capitol riot. This decision bolsters the legal framework for prosecutors, allowing them to continue pursuing charges against the accused. The ruling is significant as it impacts nearly all of the 1,500 individuals charged in connection with the attack, amidst ongoing legal battles and challenges. This development further strengthens the government’s position as it seeks accountability for those involved in the breach of the Capitol.
On Tuesday, a U.S. appeals court upheld the use of criminal trespassing charges against nearly all of the 1,500 defendants involved in the January 6, 2021, attack on the U.S. Capitol. The court rejected efforts to limit the charges that prosecutors can pursue, maintaining the broader range of legal options available for holding the accused accountable.
In a 2-1 decision, a panel from the U.S. Court of Appeals for the District of Columbia Circuit denied an appeal by defendant Couy Griffin, who sought to overturn his conviction on a misdemeanor charge. The charge prohibits unauthorized individuals from entering restricted areas that are under the protection of the U.S. Secret Service.
Griffin claimed that federal prosecutors should be required to prove he was aware that then-Vice President Mike Pence was at the Capitol during the riot, which triggered the need for Secret Service protection. On that day, Pence was overseeing the congressional certification of the 2020 election results.
In affirming Griffin’s conviction, the court ruled that prosecutors only needed to show that the defendant knowingly entered a restricted area, without the need to prove further awareness of specific circumstances.
“We have no basis to conclude that Congress intended to undermine its vital aim by requiring proof that an intruder knew, when he breached a federally restricted area, that a Secret Service protectee was or would be present,” US Circuit Judge Cornelia Pillard wrote for the majority.
A ruling against the government could have complicated numerous January 6 prosecutions. As of August, approximately 95% of all defendants in the Capitol riot cases were charged with trespassing, based on data from the U.S. Justice Department.
Multiple defendants have challenged the use of the trespassing charge in January 6 cases. In June, the U.S. Supreme Court raised the legal threshold for prosecuting a separate felony obstruction charge against riot participants, prompting prosecutors to reevaluate over 250 cases.
A spokesperson for the U.S. Attorney’s Office in Washington chose not to comment on the ruling from Tuesday. Griffin’s lawyer also did not immediately respond to a request for comment.
Griffin, a former county commissioner from New Mexico and the founder of the group “Cowboys for Trump,” which supported former President Donald Trump in the 2020 election, entered the Capitol grounds during the riot. He also climbed onto a stage that had been set up for the presidential inauguration scheduled later that month. A judge found him guilty of two misdemeanour offences and sentenced him to 14 days in jail in 2022.
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