Cowboys for Trump founder alleges Capitol wasn't 'off limits' when he arrived on Jan 6 because Pence wasn't in the building

An elected official from New Mexico chose to face trial on Monday in front of a judge when it came to Jan. 6 charges against him. But the defendant's case is seen as more unique given the nature of the charges, given the defense's argument of what constituted as the "restricted area" of the Capitol grounds that day.

His name is Couy Griffin. The 48-year-old's background as the founder of Cowboys for Trump and his position as the New Mexico county commissioner helps contextualize why he attended the Jan. 6, 2021 rally.

(Griffin brought a horse trailer with him to the DC federal court Monday. However, he decided against riding a horse in, because he said he wanteded to respect the court and not create a "spectacle." But he might ride it out, depending on how the case turns out, according to NBC News justice reporter Ryan Reilly.)

The pair of misdemeanor charges Griffin faces are disorderly conduct and entering a restricted area at the Capitol. Both carry a one-year maximum sentence. While many anticipated the trial would be wrapped up in one day, it's now set to continue Tuesday with additional testimony and then closing arguments. The defense told the judge they'd be submitting a motion for acquittal on Griffin's behalf.

As to why the outcome of a seemingly innocuous trial could have widespread implications going forward is because the Justice Department has largely banked "restricted area" claims in dozens of Jan. 6 cases on the fact that Pence was in the vicinity. Federal law dictates that Secret Service protections are granted in this type of circumstance. Thus, the question of Pence actually being in the Capitol zone has become a critical factor of information for the current trial, as well as whether or not Griffin personally believed that to be the case.

The outcome of the trial, the second underway stemming from the Jan. 6 riot, will likely impact future plea deals and outcomes in other Capitol riot cases. "Approximately 100 others have trial dates," according to the Associated Press.

The outlet quotes a court filing from prosecutors who characterize the pro-Trump defendant as "an inflammatory provocateur and fabulist who engages in racist invective and propounds baseless conspiracy theories, including that Communist China stole the 2020 Presidential Election."

Griffin says he arrived at the Capitol after Pence left the restricted area. A video interview from Jan. 6 shown at the trial bolsters the claim as the defendant is seen stating his belief that Pence had already certified the presidential election.

"Pence sold us all out," Griffin remarked.

Prosecutors aren't being clear with where Pence exactly was when it comes to this trial. They say it's not important to know, only that the fact the former vice president intended to come back was pertinent enough.

POLITICO noted a few high-profile legal minds in attendance within the courtroom: John Crabb, chief of the criminal division for the US attorney's office, and Patrick Glaze, a "top lawyer" for the Secret Service.

Griffin waived his right to a jury, leaving it up to Judge Trevor McFadden to hear the legal arguments and then deciding the defendant's fate.

The disorderly conduct charge is challenged by footage that shows Griffin using a bullhorn, calling for prayer and urging peaceful conduct on the part of riot-goers nearby. "His words did not come close to the line for incitement," defense attorney Nicholas Smith argued, speaking of his client. He rebuked the assertion by the prosecution that leading a prayer counts as disorderly conduct.

The first witness called by the prosecution was Matt Struck, a video editor who was alongside Griffin to document their travels on Jan. 5 and 6 of last year, including throughout the riot itself. This includes the journey the defendant took that day with the rest of the mob getting onto the Capitol grounds. Griffin used the disorder in his defense to claim the futility of knowingly passing through police lines.

McFadden didn't allow the prosecution to introduce new videos from Struck into evidence because they took too long to obtain them, according WUSA9 reporter Jordan Fischer.

The second witness called by the prosecution was Capitol Police Inspector John Erickson. Griffin's defense attorney got this expert on fencing throughout the grounds to admit that an area where the defendant climbed did not have any indicator that it was closed off.

The third witness was Secret Service Inspector Lanelle Hawa, a veteran of the force. She testified as to how from a security situation standpoint on how circumstances protecting Pence evolved that day. As the crowd began to surround possible routes to evacuate Pence, the Secret Service ended up moving him to a secure underground loading dock under the Senate side plaza.

McFadden's demeanor was reportedly skeptical of the defense's argument about the definition of a restricted area on the basis of Pence's location.

The first Jan. 6 defendant to go to trial was Guy Reffitt from Texas. Earlier this month, he was found guilty of five counts that include transporting a rifle and semi-automatic weapon, interfering with Capitol police, entering the building itself, and obstruction of Congressional proceedings over the counting of the Electoral College vote.

Reffitt's adult son testified against his father because after the riot, his father threatened family members and told them "traitors get shot" if anyone turned him in. Pence's location was also firmly established in the case of Reffitt's location, timing, and actions that day.