A New Mexico politician and Trump supporter who was removed and barred from elected office for his role in the U.S. Capitol riot on Jan. 6, 2021, is attempting to appeal that decision to the state Supreme Court.

Cowboys for Trump cofounder and former county commissioner Couy Griffin on Tuesday notified the high court of his intent to appeal.

The ruling against Griffin this month from a Santa Fe-based District Court was the first to remove or bar an elected official from office in connection with the attack on the U.S. Capitol building that disrupted Congress as it was trying to certify President Joe Biden’s 2020 electoral victory.

Griffin was previously convicted in federal court of a misdemeanor for entering the Capitol grounds on Jan. 6, without going inside the building. He was sentenced to 14 days and given credit for time served.

Griffin has invoked free speech guarantees in his defense and says his banishment from public office disenfranchises his political constituents in Otero County.

He was barred from office under provisions of the 14th Amendment to the U.S. Constitution, which holds that anyone who has taken an oath to uphold the Constitution can be barred from office for engaging in insurrection or rebellion. The provisions were put in place shortly after the Civil War.

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