‘Historic Win’: Judge Removes New Mexico Official From Office for Taking Part in Jan. 6 Insurrection
A state court for the first time on Tuesday ruled that the January 6, 2021 attack on the U.S. Capitol was an insurrection, ordering a county-level official in New Mexico to step down due to his participation in the attack and thus handing a victory to the government watchdog Citizens for Responsibility and Ethics in Washington.
The group, commonly known as CREW, represented several New Mexico residents, who under state law sued to have Griffin removed from office. They filed a lawsuit against Otero County Commissioner Couy Griffin earlier this year after he was charged with breaching and occupying Capitol grounds, a crime for which he was later convicted.
The state’s First Judicial District Court ruled that the January 6 attack and the “surrounding planning, mobilization, and incitement constituted an ‘insurrection'” in accordance with the 14th Amendment and that under Section 3 of that amendment, Griffin is “constitutionally disqualified” from serving in public office.
“This is a historic win for accountability for the January 6 insurrection and the efforts to disrupt the peaceful transfer of power in the United States,” said Noah Bookbinder, president of CREW. “Protecting American democracy means ensuring those who violate their oaths to the Constitution face accountability.”
The court is the first since 1869 to invoke Section 3 of the 14th Amendment to remove a public official from their post. Section 3 states that no official can continue to hold office if they “engaged in insurrection or rebellion” or gave “aid or comfort” to insurrectionists after taking an “oath… to support the Constitution of the United States.”
The court ruling “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 shall face removal from government service for their action,” said Bookbinder.
Originally published at Commondreams.org.