The trial, with a bombastic arrival on horseback promised by the defendant, has lower stakes for Griffin than felony January 6 cases that will be heard by jurors in the coming months. Yet it still will highlight key details prosecutors must prove about participants’ alleged crimes during the attack — such as that the rioters jeopardized the security of the area where then-Vice President Mike Pence was visiting.
Griffin, a founder of the group “Cowboys for Trump,” is charged with two misdemeanor offenses for his alleged actions during the attack: entering and remaining in a restricted area and disorderly and disruptive conduct. He chose to be tried by Judge Trevor McFadden, who will hear arguments from prosecutors and the defense before ruling, instead of a jury.
The Justice Department’s case is set to focus on video of Griffin’s movements during the attack, including those filmed by his traveling partner, who is set to testify against him, according to court filings in the case as recently as this weekend.
“At trial, the government expects Matthew Struck’s testimony and videos will provide a precise picture of the defendant’s actions and his intentions,” prosecutors wrote.
Griffin’s legal defense team also has made clear they want to inquire about the location of Pence during the riot and whether Griffin was aware that he had entered a restricted area that day — a line of questioning of a law enforcement witness that could reveal more information about the vice president’s whereabouts than is known a year after the attack, and potentially jeopardize other DOJ prosecutions against Capitol riot participants.
“To mount a meaningful defense Griffin must be allowed to test the veracity of the Government’s contention that Vice President Pence was on the Capitol grounds during the relevant period,” the judge determined in recent days.
The Justice Department has said in court it does not want to reveal “the precise location” where Pence was once he was evacuated from the Senate chamber for security reasons.
Who is Couy Griffin?
In a video posted the day after the Capitol attack, Griffin said “we could have a Second Amendment rally” at the Capitol, and if they did there would “be blood running out of that building.”
“But at the end of the day, you mark my word, we will plant our flag on the desk of Nancy Pelosi and Chuck Schumer,” he added.
A week later, Griffin told his colleagues on the county commission he would go back to DC for Biden’s inauguration with his revolver and rifle. While his threat to return may not be part of the trial Monday, prosecutors plan to show video in court of Griffin speaking at a local officials’ meeting a week after the attack. Griffin was arrested when he returned to DC on January 17.
Griffin says he will ride into DC on a horse before his trial Monday.
“Praying for justice to be served on the hand of the oppressor!” he tweeted Wednesday. His group “Cowboys for Trump” has pulled off similar stunts in the past.
What to expect in the trial
According to court documents, while he did not enter the Capitol on January 6, 2021, Griffin climbed over barriers and…
Read More: Couy Griffin: ‘Cowboys for Trump’ founder’s January 6-related trial starts Monday