Judge McFadden denied Couy Griffin's request for an evidentiary hearing, but WILL allow him to cross-examine a USSS agent about VP Pence's whereabouts on J6.
He cites the DOJ's big (and belatedly corrected) error in saying VP-elect Harris was at the Capitol during the riot.
He cites the DOJ's big (and belatedly corrected) error in saying VP-elect Harris was at the Capitol during the riot.
Judge McFadden also shot down Couy Griffin's selective prosecution argument. Points out there were thousands of people protesting/voicing the same political opinions as him there that day. Says it's "illogical" to claim the DOJ is selectively targeting him for those same beliefs.
Couy Griffin's central defense is going to be that VP Mike Pence was evacuated from the Capitol on January 6 (Capitol Police say he did NOT leave the complex) and that, therefore, the temporary restricted area was not in effect when Griffin entered the grounds.
During Guy Reffitt's trial, prosecutors showed a short surveillance video of Pence and his wife and daughter being led out of the VP's ceremonial office in the Senate Wing. It didn't show where he went, for security reasons, but USCP have said he stayed in Capitol complex.
Couy Griffin's attorney, David B. Smith, has also filed his trial brief. Here's the central 1752 argument: Griffin could not have entered a restricted area because the VP had already been evacuated to an underground location by the time he entered Capitol grounds.
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