Politics
Supreme Court could save ‘Cowboys for Trump’ leader after D.C. panel rejects him
![Supreme Court could save ‘Cowboys for Trump’ leader after D.C. panel rejects him](https://bluelightnews.com/wp-content/uploads/2024/11/757-supreme-court-could-save-cowboys-for-trump-leader-after-dc-panel-rejects-him.jpg)
Earlier this year in Fischer v. United States, the Supreme Court narrowed a federal obstruction law used against Jan. 6 defendants, overturning a ruling from the federal appeals court in Washington. That same appeals court just upheld a Jan. 6 defendant’s federal trespass conviction, setting up a potential appeal for the justices to curb that law, too.
Tuesday’s decision came in the case of Cowboys for Trump leader Couy Griffin, who was convicted in 2022 under the trespass law that bars people from knowingly entering or remaining in “any restricted building or grounds” without lawful authority. Such an area is defined under the law as “any posted, cordoned off, or otherwise restricted area” where a Secret Service protectee “is or will be temporarily visiting.”
Griffin, who in January 2021 was an elected county commissioner in New Mexico, argued that people can only be convicted under that law if they know the basis for restricting the area is to safeguard a Secret Service protectee.
But a divided three-judge appellate panel held Tuesday that “knowingly breaching the restricted area suffices, even without knowing the basis of the restriction — here, the presence of Vice President Pence at the Capitol on January 6 — which merely confirms that such trespasses are within Congress’s legislative authority.”
The two judges in the majority, Barack Obama appointee Cornelia Pillard and Bill Clinton appointee Judith Rogers, noted that a different reading “would impair the Secret Service’s ability to protect its charges.” They concluded that “[n]either the text nor the context of the statute supports that reading.”
Dissenting, Donald Trump appointee Gregory Katsas argued that the law puts a greater burden on the government than the majority thinks. He said that on top of proving Griffin’s knowledge that the Capitol grounds “were posted, cordoned off, or otherwise restricted,” prosecutors also had to prove that he knew Pence was present “when he entered or remained in those restricted grounds.”
Ultimately, Katsas’ opinion could carry the day — or at least help Griffin get his case to the justices. Indeed, in the Fischer case that narrowed Jan. 6 obstruction charges, Katsas dissented from the majority panel ruling that the Supreme Court overturned in June.
And in Griffin’s case, Katsas noted that federal prosecutors had secured over 470 convictions under the law and that, in all of them, “criminal liability may turn on whether the defendant had to know that Vice President Pence was present at the time of the trespass.” Katsas added that the trial judges in Washington “are deeply divided on that question; six have answered yes, while ten have answered no.”
Both the broad impact of an issue and division over it can lead to the Supreme Court stepping in.
The justices declined to take up a separate appeal from Griffin in March. That appeal related to him being barred from office after Jan. 6. He was barred from state office as opposed to federal office in the case of Trump, whom the high court cleared to run for president again despite the insurrection. But Griffin may have a better outcome if he petitions the justices to review his trespass conviction.
Subscribe to the Deadline: Legal Newsletter for expert analysis on the top legal stories of the week, including updates from the Supreme Court and developments in Donald Trump’s legal cases.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined BLN, he was a legal reporter for Bloomberg Law.
Politics
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Politics
Dems attack Elon Musk after DOGE gains access to sensitive data
![](https://bluelightnews.com/wp-content/uploads/2025/02/image-1.jpg)
Dems attack Elon Musk after DOGE gains access to sensitive data
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Politics
Democrats zero in on Musk as a way to attack Trump
![](https://bluelightnews.com/wp-content/uploads/2025/02/democratic-national-convention-91540-scaled.jpg)
Democrats are starting to wake up and sketch out a plan to help them win back the working class: Turn the world’s richest person into their boogeyman.
They’ve set their sights on holding Elon Musk to account. Armed with new polling showing Musk’s popularity in the toilet, key Democratic leaders are going after the top Trump adviser who is dismantling the federal government. They are attempting to subpoena him and introducing legislation to block him from receiving federal contracts while he holds a “special” role leading Trump’s cost-cutting crusade.
In a sign of how toxic Democrats believe Musk is, battleground Rep. Jared Golden (D-Maine) called Musk an “unelected, weirdo billionaire” and said he has “been getting a lot of calls over the past few days” about him. Golden is a moderate who represents Trump country.
Even Rep. Ro Khanna (D-Calif.), who represents Silicon Valley and has had a relationship with Musk for years, is distancing himself from him. Khanna posted on X on Wednesday that Musk’s “attacks on our institutions are unconstitutional.” Khanna previously likened Musk to Franklin D. Roosevelt’s “dollar-a-year men,” the corporate leaders who helped the government mobilize for WWII, and said he texts with him.
Democrats are also protesting him in Washington, making the calculation that the idea of an unelected billionaire wreaking chaos on the bureaucracy will be unpopular with voters. And they have some data fueling their efforts.
New internal polling, conducted on behalf of House Majority Forward, a nonprofit aligned with House Democratic leadership, found Musk is viewed negatively among 1,000 registered voters in battleground districts. Just 43 percent approve of him and 51 percent view him unfavorably. The poll, conducted by the Democratic firm Impact Research and completed between Jan. 19 to 25, also found that Musk evoked strong negative feelings. Of the 51 percent who disapproved of him, 43 percent did so strongly.
The survey isn’t a one-off, either. An Economist/YouGov poll published on Wednesday also found Musk’s approval rating underwater, 43 percent favorable to 49 percent unfavorable.
In the Democrats’ internal polling, pollsters asked respondents for their thoughts on “the creation of a government of the rich for the rich by appointing up to nine different billionaires to the administration,” and found 70 percent opposed with only 19 percent in support — a stat that suggests Democrats have landed on a message that could gain traction with swing voters.
That data and focus groups held by House Majority Forward helped bring attacks on the administration into focus: Democrats “shouldn’t chide Musk, Trump, and others for being rich,” the group wrote, but point out Musk’s conflicts of interests as head of DOGE and note that he could undermine key safety net programs to enrich himself at the expense of American taxpayers.
“Participants laud Musk’s business acumen and aren’t opposed to the ideals of DOGE,” HMF found. But “Musk’s relationship with Trump – who they view as inherently pro-big business” makes them wary that billionaire’s cuts “could include programs such as Medicare, Medicaid, and Social Security.”
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