Thread by @JordanOnRecord

And we're back for the second and presumably final day of Couy Griffin's bench trial. Judge McFadden will hear final arguments and then deliver his verdict.

https://twitter.com/JordanOnRecord/status/1506029635179581446

As Judge McFadden signaled yesterday, he told prosecutors this morning he was a lot closer to a guilty verdict on the 1752(a)(1) entering and remaining charge than the 1752(a)(2) disorderly conduct charge. Tells them to focus their closing arguments there.

Judge McFadden asks prosecutor Janani Iyengar if Couy Griffin needed to know the vice president was in the building for him to find him guilty of entering a restricted area. Iyengar says that's not required.

Onto the disorderly and disruptive conduct charge. Iyengar says Griffin climbed over multiple walls, including using a metal bike rack as a ladder.

Iyengar replays the clip of Griffin saying things are going to get "less and less peaceful" if "laws" aren't followed.

Iyengar says the presence of rioters like Griffin caused the security issue that forced VP Mike Pence to be evacuated from the Senate Wing.

Defense attorney David Smith speaking now. Says the case is built on a series of "false assumptions and premises." He goes back again to the USCP determining the restricted area, which... Judge McFadden already told him he'd failed on yesterday.

David Smith repeats his line of argument that the vice president does not "temporarily" visit the Senate. Judge McFadden cuts him off and asks if someone would not be committing a 1752 violation if they illegally entered Camp David?

"The government didn't offer any evidence at all of Mr. Griffin's purpose there. They're merely alleging he was there," Smith says.

"The Secret Service understands something the prosecution does not: the vice president works at the Capitol. He does not temporarily visit it," Smith says.

Smith says Matt Struck testified that no one told them all day they were in a restricted area.

"What do I do with the fact that I have statements from your own client saying he was told?" Judge McFadden asks.

Smith says that doesn't surpass reasonable doubt.

Smith says Couy Griffin was "mouthing off" when he said law enforcement had told him not to enter the area. Shades of Guy Reffitt's "bragging" defense.

"What about the fact that your client was at the Capitol the day before?" Judge McFadden asks.

No evidence he saw any of the snow fencing or the restricted area signs, Smith responds.

"We have a problem though," McFadden says. "He went up to the stage. If it was just one wall, but he went over three walls. He went up to a door he said needed to be broken down."

David Smith says it's case law in the D.C. Circuit that the steps of the U.S. Capitol Building are a public forum.

"He's being prosecuted for standing on these steps that this court has held are a public forum! This is remarkable!" Smith says.

"But he wasn't on the steps. He was on the stage," McFadden says.

Smith says a ruling in this case would not apply to every other 1752 case as the government fears. Hard to say if that's true.

"Do we assume a guilty mind based on crossing a stone wall that surrounds a public forum?" Smith asks.

"The government's knowledge case rests on the absurdity that Mr. Griffin knew a restricted area the government's own Secret Service agent didn't recognize," Smith says.

Smith goes back to his argument that the visitor's center /loading dock in the basement of the Capitol Building are not part of the Capitol Building, which McFadden already told him to move on from yesterday.