Attorney: Trespassing does not amount to 'insurrection'

Attorney: Trespassing does not amount to 'insurrection'

Attorney: Trespassing does not amount to 'insurrection'

The general counsel for a pro-family ministry predicts officials in New Mexico will rue the day they decided to use the 14th Amendment to punish an elected politician who was at the U.S. Capitol on January 6, 2021.

Couy Griffin (pictured above), a New Mexico politician and Trump supporter who was removed and barred from elected office for being at the Capitol that day in January, is attempting to appeal that decision to the state Supreme Court. Attorney Abraham Hamilton III with American Family Association thinks Griffin – cofounder of Cowboys for Trump and a former commissioner in Otero County – has a shot.

"Couy Griffin's sentence was the product of a guilty plea. They did not just give him that 14-day sentence. He plead guilty to the crime he was charged with," he begins.

Hamilton, Abraham (AFA attorney) Hamilton

The attorney emphasizes that the 14th Amendment's prohibition on subsequent election seekers applies to those who specifically "engage in insurrection or rebellion" against the United States of America.

"This is very important," Hamilton continues. "Why? What was the crime that Griffin pled guilty to? Did he plead guilty to insurrection against the USA? There is a crime called insurrection against the USA; Griffin's charge was not insurrection – it was criminal trespass."

In summary, he adds: "The very crime for which they are trying to assert the basis to disqualify him from holding office in the future is not remotely close to what the 14th Amendment requires."

Hamilton made his comments Wednesday on American Family Radio.

Editor's Note: The American Family Association is the parent organization of the American Family News Network, which operates AFN.net.