Thread by @ZoeTillman

Good morning from the DC federal courthouse, where the 2nd (and final?) day of Cowboys for Trump leader Couy Griffin's bench trial before Judge Trevor McFadden is getting underway.

On everything that went down yesterday:
buzzfeednews.com/article/zoetil…

We left off with the govt saying they'd gotten the ok from the Capitol Police board to give the defense CCV video re: Pence's location during the breach. Judge asks if Griffin's lawyer Nicholas Smith wants to recall the Secret Service witness, Smith asks to speak at the bench

Smith says they've agreed with the govt that Pence reached the secure location (the underground loading dock area) at 2:28pm. So that's now an agreed upon fact.

Defense will not present witnesses and Couy Griffin will not be testifying, so they'll move to closing arguments

McFadden signals where he's at — he tells the govt they should focus on whether Griffin *knowingly* entered a restricted area (he's inclined to think the govt proved it was a restricted area, but what Griffin knew is a "harder" question) and how they prove disorderly conduct

AUSA Janani Iyengar says they showed how Griffin climbed over a wall, metal bike rack, and plywood to make his way over walls to get closer to the Capitol — "any reasonable person" would know they don’t have lawful authority to climb over a wall to enter an area in a govt space

McFadden asks, I think I could go down there today and if I dropped my hat over the Olmsted wall, I could jump over and get my hat - what about that? AUSA says probably, but Griffin did more than that, he continued to climb and make his way up

AUSA says there's more than reasonable inference — that there were videos of Griffin speaking on Jan. 7 and later at an Otero County commissioner mtg where he talked about the area being closed/roped off, police telling people they couldn't go through

As for other elements, govt says:
- Secret Service testimony proves protectee *was* in the restricted area
- VP visit on Jan. 6 satisfies standard for "temporarily visiting"
- They don't need to prove Griffin also knew Pence was there, only that he knew it was a restricted area

McFadden asks AUSA to address the disorderly/disruptive conduct elements. Iyengar plays video of Griffin's speech once he made his way up to a platform — "People are ready for fair and legal elections, or this is what you're going to get and you're going to get more of it."

As for Griffin leading the crowd in prayer, Iyengar says they're not prosecuting him for that, the issue was the way he was doing it and the place, he was using a bullhorn and engaging with the crowd

Judge asks, what about Griffin suggesting he thought the certification was over? Doesn't offense discuss impeding govt biz? AUSA says even if certification was over (which it wasn't, and they dispute Griffin thought that), it was a work day and there would be biz at the Capitol

Griffin's lawyer Nicholas Smith is up, begins by arguing evidence showed Secret Service didn't set the security perimeter, USCP did, so it wasn't a restricted area per the statute. McFadden asks hypo, what about Camp David trespass? Smith says there's a specific statute for that

Smith argues Pence's visit on Jan. 6 also did not satisfy "temporarily visiting" element because that's where he works in his capacity as president of the Senate, that's why there wasn't a special Secret Service security perimeter and it was handled by USCP

Re: whether Griffin knowingly entered restricted area, judge asks, what about later statements where he talks about area being closed? Smith says Matthew Struck's testimony was they never encountered law enforcement, thought Griffin was maybe referring to things he'd read after

McFadden points out that Griffin went over three (3) walls, up through a door (govt says evidence shows he'd talked about having to bust it down), and onto a stage — "Nobody thinks that random tourists can just waltz up there, right?"

Smith quips back, sayingif nobody thinks that, they don't know their DC Circuit law, argues the court held that the steps on the east front are a public forum. McFadden notes Griffin wasn't just on the steps, but in a stage area

Smith: Do we assume a guilty mind without any notice on the point of entry based on the mere fact of crossing a stone wall that surrounds a public forum?

Moving on, Smith continues to contest VP Pence was in the restricted area when he went to the visitor center loading dock

Smith: Even if Pence was in the restricted area, they dispute that Griffin knew he was there, and they contend the govt does have to prove Griffin knew a Secret Service protectee was there to satisfy elements of the offense

McFadden pushes back on this line of argument, saying that theory felt "preposterous" in practicality, since it would mean the Secret Service has to give notice of which protectees are inside in order to maintain a restricted area

On rebuttal, McFadden asks AUSA again to address if evidence showed Griffin had a guilty mind when he entered the restricted area, indicating he's grappling with this. AUSA says it's not just inference — Griffin is on camera, twice, saying he knew he wasn't supposed to go there

McFadden says the case was "well argued" by both parties, and he'll reconvene at 11:45am (he doesn't say what will happen then)

Judge McFadden is back on the bench

McFadden says he's prepared to announce his judgment, and is going to lay out some facts and credibility determinations about witnesses

McFadden says all three witnesses seemed largely credible, though Matthew Struck, who traveled with Couy Griffin and received immunity to testify, didn't always have a clear memory of Jan. 6 and at times seemd to try to minimize events

Count 1: Illegally being in a restricted building or grounds - GUILTY, judge has just announced (waiting on count 2)

McFadden is explaining why he rejected defense args re: restricted area and what the govt had to show. He credits USCP/Secret Service testimony about bounds of restricted area and USSS involvement in coordinating that, disagrees gove had to show Griffin knew Pence was still there

Count 2: Disorderly and disruptive conduct in a restricted building or grounds with intent to disrupt orderly conduct of government business - NOT GUILTY, judge announces, finding government failed to meet the elements of the offense

McFadden says the govt's video evidence est'd Griffin progressed to the west terrace, led a prayer, departed some time later — he repeatedly called on people to kneel, arguably trying to calm them down, not rile them up

NOW: Cowboys for Trump leader Couy Griffin has been found guilty of illegally entering a restricted area on Jan. 6, but was acquitted of disorderly conduct. Both were misdemeanors carrying up to a year in prison. He'll be sentenced on June 17 at 2pm.

New: A judge handed down a mixed verdict for Cowboys for Trump leader Couy Griffin, finding him guilty of illegally entering a restricted area on Jan. 6, but not guilty of disorderly conduct.

On today's decision, with more to come:
buzzfeednews.com/article/zoetil…