The case of Couy Griffin — the second trial stemming from the Jan. 6, 2021 attack on the Capitol — is shaping up to be a lot less of a slam dunk for the Justice Department than the first.
The second trial stemming from the Jan. 6, 2021, attack on the Capitol is shaping up to be a lot less of a slam dunk for the Justice Department than the first.
Griffin claims he arrived at the Capitol after Pence exited the restricted area, and prosecutors have repeatedly refused to clarify their understanding of Pence’s precise location, citing national security concerns. But they say Pence’s whereabouts are insignificant because the law Griffin is charged with violating requires only that Pence intended to return to the area — which he did shortly after the riot was contained.
Then-Vice President Mike Pence leads senators to the House chamber to continue the joint session of the House and Senate and count the Electoral College votes cast in November's election, at the Capitol on Jan. 6, 2021. | AP Photo/J. Scott Applewhite The proceedings were a stark contrast to the case of Guy Reffitt, the first Jan. 6 defendant to face trial. He was convicted on five felony counts earlier this month by a jury, following a more-than-weeklong trial in which prosecutors unleashed an overwhelming case against him — testimony from his teenage son, who secretly recorded conversations, a militia member who traveled with Reffitt to Washington, D.C.
In the videos, members of the pro-Trump crowd can be heard chanting, “Decertify!,” “Stop the Steal!” and “Traitors!” Struck, who testified under a grant of immunity requested by prosecutors, said he didn’t recall any interaction with the D.C. police at the Capitol and wasn’t sure why Griffin referred to them trying to keep people out. “He might have been referring to the news we saw on TV,” the video editor said.
Griffin’s attorney Nicholas Smith emphasized that when his client addressed a portion of the crowd that afternoon, he said a prayer. Those near him as he spoke through a bullhorn seem peaceful and it’s unclear how many actually heard him amid the din of the mob.
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