Federal appeals court upholds key trespassing charge used against most Capitol riot defendants

Source: Politico

“A divided federal appeals court panel has upheld a trespassing charge that prosecutors have leveled against more than 1,400 people who breached the Capitol on Jan. 6, 2021. The ruling on Tuesday from the D.C. Circuit Court of Appeals rejected a claim by Jan. 6 defendant Couy Griffin that the government needed to prove he was aware that the Capitol grounds were restricted because a Secret Service protectee, then-Vice President Mike Pence, was inside. Without that proof, Griffin contended, prosecutors fell short of showing that he ‘knowingly’ breached the Secret Service-protected perimeter. But in the 2-1 ruling, Judges Cornelia Pillard and Judith Rogers — Obama and Clinton appointees, respectively — concluded the trespassing law at issue was passed to boost security for Secret Service protectees. Requiring prosecutors to prove that the trespassers were aware of a Secret Service protectee’s presence would be illogical and ‘impair the Secret Service’s ability to protect its charges.'” (10/22/24)

https://www.politico.com/news/2024/10/22/january-6-tresspass-charge-ruling-griffin-00184850