Two of New Mexico’s most prominent election deniers used Monday – the fourth anniversary of the deadly Jan. 6 insurrection – to urge incoming Donald Trump to keep his promise to pardon many charged and convicted in the riot, even as Congress certified his win.
What had been a relatively mundane process until Jan. 6, 2021, returned to form as senators and representatives counted the Electoral College votes that make Trump’s second term official.
But even so, former Otero County Commissioner Couy Griffin – the first elected official barred from holding public office because of his actions with the violent mob – joined a panel of speakers blocks away from the Capitol to look back, peddling far-right conspiracy talking points in an effort to rewrite history.
“This day isn’t about me, this day is about those that are still being held in prison,” Griffin said in opening remarks. “We stand on the ground that we want a pardon for all, because it was a day of entrapment, and I believe that’s been proven.”
Nearly 1,600 people have been charged or face federal charges in connection with the attack, fueled by denial of President Joe Biden’s 2020 election win, resulting in dozens of injuries and at least five deaths.
Trump said in December he would act “very quickly” to pardon many defendants on his first day in office. He said he might make exceptions “if somebody was radical, crazy.”
But even a presidential pardon may not overturn a ban on Griffin, who was convicted of trespassing on Capitol grounds, of running for future office in New Mexico.
Couy Griffin first elected official barred from office for participating in Jan. 6 attack
The ban came as a result of a civil lawsuit filed by the watchdog group Citizens for Responsibility and Ethics in Washington, and local law firms on behalf of New Mexico residents. They argued that Griffin “participated in, encouraged, and promoted” the attack, which disqualified him from holding office under the 14th Amendment of the U.S. Constitution, which prohibits engaging in an insurrection.
The U.S. Supreme Court later refused to hear Griffin’s appeal.
Chris Dodd, an attorney who brought the civil case against Griffin, said a pardon would not reestablish his ability to hold public office in New Mexico, saying that the court’s judgement is final. An executive pardon has no power to change the outcome of a civil case, and since the case was brought under New Mexico state law, a federal pardon would have no authority.
“There’s just no way a pardon would have any impact on the civil case that we brought against Couy Griffin,” Dodd said.
Similar legal arguments last year convinced the Colorado Supreme Court that Trump himself was ineligible for public office, but the U.S. Supreme Court reinstated Trump on the ballot.
U.S. Supreme Court strikes down Colorado 14th Amendment ruling, clearing Trump for ballot
Donald Sherman, the executive director and chief counsel for CREW, said Trump’s promise to pardon the rioters “is exactly why the Constitution bars oath-breaking insurrectionists from holding office.”
“The Supreme Court should have kept him off the Colorado presidential ballot as the Colorado Supreme Court did,” Sherman said.
Former New Mexico State University law professor, David Clements, also appeared with Griffin. He also called for pardons, even for violent offenders.
After voting to certify the 2024 results, New Mexico’s all-Democrat congressional delegation described the day as a solemn duty rather than a celebration.
Rep. Melanie Stansbury told reporters that over the last several weeks, Trump and his allies have tried to “reframe January 6th.”
“Despite their best efforts, history will remember it for what it was: a direct attack on the Capitol in an effort to overthrow a free and fair election,” she said. “It’s important that the individuals who participated in those crimes are held accountable under the law.”
She said Trump’s messaging around his intent to pardon the insurrectionists is damaging to American democracy, institutions, and the rule of law.
Sen. Martin Heinrich said the anniversary of the attack was “a sobering reminder that we must not take democracy for granted.”
“Our democracy was pushed to the brink by rioters who violently forced their way into the U.S. Capitol to try and stop the certification of a free and fair election” he said. “It requires our constant participation, bravery, and a dogged commitment to principles over politics.”
Sen. Ben Ray Luján said he fulfilled his constitutional duty to certify the election results, but that it was also a “solemn day in our nation’s history.”
“Four years ago, a violent assault took place on the Capitol and our brave law enforcement officers in an attempt to disrupt the peaceful transition of power. But our democracy – and our resolve – did not break,” Luján said.
Rep. Teresa Leger Fernández said Monday should have been a day of celebration but instead stood as a “stark contrast” to four years earlier.
“We must never forget the assault on our democratic institutions or the bravery of those who defended them,” Leger Fernández said. “Let this day serve as a solemn reminder of the fragility of our democracy and our unwavering commitment to protect it.”
A spokesperson for Rep. Gabe Vasquez did not respond to a request for comment.
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