Couy Dale Griffin (born 1973) is an American former politician who served from 2019 to 2022 as a
county commissioner for District 2 of
Otero County, New Mexico, which covers
Tularosa,
Three Rivers,
La Luz, the western parts of
Alamogordo, and the
Mescalero Apache Reservation. In September 2022, Griffin was removed from office pursuant to the
Insurrection Clause of the
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses Citizenship of the United States ...
due to his actions in the
January 6 United States Capitol attack
On January 6, 2021, the United States Capitol in Washington, D.C., was attacked by a mob of supporters of Donald Trump, President Donald Trump in an attempted self-coup,Multiple sources:
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, for which he was
pardoned in January 2025. He is a member of the
Republican Party.
Tenure on the Otero County Commission
In 2018, incumbent district 2 commissioner Susan Flores did not seek re-election, and Griffin joined the race to succeed her. On June 5, Griffin won the Republican primary with 708 votes (55%) against Christopher Rupp and Gregory Bose, who garnered 252 (20%) and 317 (25%) votes respectively. Griffin won the general election on November 6, 2018, with 3,090 votes (65%) against Democrat Christopher Jones with 1,635 votes. He took office in January 2019.
In 2021, a committee began circulating a petition to
recall Griffin from office, accusing him of missing numerous county meetings, improperly filing a
travel voucher, acting in a way that got him banned from the
Mescalero Apache Reservation, and using county resources to further his group Cowboys for Trump. The committee fell short of the required signatures, getting only 1,229 of the required 1,574 signatures by the September 29 deadline.
Amid
Donald Trump's false claims of election fraud in the 2020 presidential election, the county commission aligned itself with fringe right-wing groups that baselessly claimed voter fraud.
[Nicole Maxwell]
Otero County to pay $45,000 to resident kicked out of meetings
''New Mexico Political Report'' (September 20, 2023). The county commissioners hired a firm run by election conspiracy promoter
Shiva Ayyadurai, who had worked on
a partisan audit of the election results in
Maricopa County, Arizona.
[Jane C. Timm]
Under court order, GOP officials in New Mexico county certify election results
NBC News (June 27, 2022). As with Maricopa County's audit of the election results, no evidence of fraud was found in the results for Otero County.
On three occasions in 2022, an Otero County resident who attended public county commission meetings was silenced by Griffin; on at least one occasion, Griffin ordered sheriff's deputies to remove the citizen from the meeting.
[ The resident, represented by the ]American Civil Liberties Union
The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million.
T ...
of New Mexico, subsequently received a $45,000 settlement from Otero County.[ In announcing the settlement, the man said: "I was mocked, yelled at, silenced, and roughly thrown out of public hearings simply because I had a different opinion than the predominant conservative view – namely that the election wasn't stolen. I was treated like someone who committed a crime. I hope this settlement makes clear that all Otero County residents, regardless of their political background, have the right to express their opinions freely without intimidation at county commission meetings."][
Following the July 2022 primary election, Griffin and the two other Otero County commissioners initially refused to certify the election results for Otero County, and making baseless suggestions of some irregularity in the counting.][ New Mexico Secretary of State Maggie Toulouse Oliver sued the commission, seeking to compel it to complete its certification duty.] After the New Mexico Supreme Court ordered the commission to certify the election, the two other commissioners relented and complied, enacting the certification via a majority vote, but Griffin refused.[ Griffin said of his stance: "It's not based on any facts. It's only based on my gut feeling and my own intuition, and that's all I need."] Toulouse Oliver said that the state supreme court's decision prevented a breakdown in the election system and condemned "rogue" officials whose actions risked "completely disenfranchising all of the voters who came out in their county and not seeing their candidates move on to the general election."[
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Cowboys for Trump
Griffin is the founder of the group Cowboys for Trump. Originally it had 13 members. Members of the political action committee
In the United States, a political action committee (PAC) is a tax-exempt 527 organization that pools campaign contributions from members and donates those funds to campaigns for or against candidates, ballot initiatives, or legislation. The l ...
(PAC) rode horseback to political events and protests.
Travel voucher submitted
In September 2019, Griffin drove from New Mexico to Washington, D.C., to attend a conference representing Otero County. During the trip he towed his horse in a trailer. During the same trip he also traveled to New York City to participate in a September 11 parade in his capacity as a member of Cowboys For Trump. Upon completion of this trip Griffin submitted a travel voucher to the county to cover the entire cost of his travel expenses, which included a per diem and mileage at a cost of $3,247.48. The county finance director approved the voucher without verifying county policy on travel expenses. The county then approved increasing the District 2 Commissioner travel allotment to account for the expense of Griffin's trip that exceeded existing funds.
Citizens of the county discovered that the travel voucher violated county policy and that reimbursement should have only been for the cost to travel by air to Washington, D.C., and the per diem allotment for the two days he was there for the conference. As a result, Griffin repaid the entire travel voucher from donations received from local business owners. The state auditor was made aware of the violations and did an audit on county finances.
Failure to register as a PAC
During the state auditor's investigation of the travel voucher issue, it was discovered that Cowboys for Trump was not registered as a political action committee
In the United States, a political action committee (PAC) is a tax-exempt 527 organization that pools campaign contributions from members and donates those funds to campaigns for or against candidates, ballot initiatives, or legislation. The l ...
(PAC). The Secretary of State of New Mexico was notified, and Cowboys for Trump was required to register as a PAC under New Mexico's Campaign and Reporting Act, N.M. Stat. Ann. §§ 1-19-25 to -37. In a June 2020 arbitration decision, Cowboys for Trump was ordered to register as a PAC, submit reports on contributions and expenditures, and pay a $7,800 penalty, but Griffin did not comply. Cowboys for Trump sued New Mexico's secretary of state, alleging that New Mexico's statute that required the organization to register as a PAC was unconstitutional under the First Amendment. The federal district court dismissed the organization's challenge of the registration requirement, and in February 2022, the federal court of appeals affirmed the district court's decision.[
A ]misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than admi ...
criminal charge was filed against Griffin for failing to register the group as a political action committee. In March 2023, following a two-day jury trial in Alamogordo, Griffin was acquitted of the campaign-finance charge.[
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Participation in January 6 attack
Arrest
On January 6, 2021, Griffin participated in the attack on the United States Capitol, climbing over barriers and walls to gain access to a restricted area of the grounds. He did not enter the Capitol itself.[C. Ryan Barber]
Cowboys for Trump founder Couy Griffin skirted extra prison time for role in Capitol attack after spending 20 days in jail
''Business Insider'' (June 17, 2022). Later that month, Griffin spoke during a recorded commission meeting stating he was going to go back to D.C. with his firearms for the inauguration of Joe Biden. Upon his return to D.C. on January 17, 2021, Griffin was arrested and charged with trespassing and disorderly conduct. He spent 20 days in pretrial detention
Pre-trial detention, also known as jail, preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and criminal charge, charged with an offence. A person who ...
at the D.C. Jail.[
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Conviction
The bench trial
A bench trial is a trial by judge, as opposed to a jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems ( Roman, Islamic) use bench trials ...
took place on March 22, 2022, with Judge Trevor McFadden presiding. Griffin was found guilty on the trespassing charge, but was acquitted of the "disorderly and disruptive conduct" charge. He was sentenced to 14 days in jail (that was satisfied by time served), a $3,000 fine, 60 days of community service, and supervised release for a duration of one year. Griffin appealed the conviction to the District of Columbia Court of Appeals
The District of Columbia Court of Appeals is the highest court of the District of Columbia, the capital city of the United States. The court was established in 1942 as the Municipal Court of Appeals, and it has been the court of last resort ...
, arguing that the government needed to prove that he knew a Secret Service protectee was present when he trespassed. On October 22, 2024, the court upheld his conviction, ruling that it was sufficient for the government to have proven that he knew he was entering a restricted area.
Removal from office
Subsequent to his 2022 conviction for the trespassing charge, a suit was filed by the group, Citizens for Responsibility and Ethics in Washington (CREW), and certain residents of New Mexico under Section 3 of the Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses Citizenship of the United States ...
that would bar him from holding a public office for life due to his participation in the January 6 Capitol riots.
Following the Disqualification Clause of the Fourteenth Amendment, District Court Judge Francis J. Mathew removed Griffin from public office on September 6, 2022, due to his activities during the riot.
In October 2022, New Mexico governor Michelle Lujan Grisham appointed Stephanie DuBois to Griffin's vacant seat on the commission. DuBois owns a dog grooming business and formerly served as chair of the Otero County Democratic Party. Republicans criticized Lujan Grisham for appointing a Democrat to a seat which had been Republican-held. DuBois ran for a full term in the November 2022 election but was defeated by Republican Amy Barela, a car salvage business owner and former chair of the Otero County Republican Party.
Griffin may never hold a public office again unless the debarment is overruled by a higher court or an Act of Congress. Removal of Griffin from his office marked the first instance of a democratically elected official being disqualified from holding public office under the constitutional provision since the disqualification of the socialist, Victor Berger, in 1919 by a special committee of Congress.
Griffin appealed the case to the New Mexico Supreme Court, which dismissed the appeal on procedural grounds in November, and reaffirmed this dismissal in February 2023.
Griffin appealed again, this time to the Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
, attempting to rely on the court's ruling in '' Trump v. Anderson'', but the court rejected his appeal without comment on March 18, 2024. His removal from office under section three of the Fourteenth Amendment of the United States Constitution was the first removal under that amendment of an office holder who participated in the January 6 insurrection, and he is barred from holding public office again in New Mexico.
2023 arrest in incident with renter
In May 2023, in an unrelated incident, Griffin was arrested for two counts of harassment and three counts of trespassing. A dispute began in April 2023 when Griffin sought to evict a renter from a property which Griffin's family owned, which led to complaints and ultimately charges against Griffin. Griffin pleaded not guilty.
Electoral history
References
External links
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{{DEFAULTSORT:Griffin, Couy
1973 births
Living people
Convicted participants in the January 6 United States Capitol attack
People pardoned by Donald Trump
New Mexico Republicans
New Mexico politicians convicted of crimes
County commissioners in New Mexico
People barred from public office
People from Otero County, New Mexico
21st-century New Mexico politicians