Attorney Peter Ticktin Filed Writ of Certiorari Petition with U.S. Supreme Court to Correct New Mexico Supreme Court from Removing 'Cowboys for Trump'

2024-12-26 08:18:24 Legal / Law

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Deerfield Beach, Florida, February 9, 2024-- Peter Ticktin, Esq. of The Ticktin Law Group has taken issue with a New Mexico judge and the New Mexico Supreme Court which removed alleged January 6 protestor and "Cowboys for Trump" founder Couy Griffin from his elected position as a county commissioner for his role in the US Capitol protest.

Griffin, who never actually went into the Capitol building, was one of three commissioners in Otero County, also barred from holding any state or federal elected position in the future, state Judge Francis Mathew ruled.

The Nine Justices of the Supreme Court of the United States will be meeting at a "Justices' Conference" to determine whether they will consider Ticktin's Petition.

The instant case could be considered "contemporaneously or before Trump v. Anderson," said Ticktin. "The issues in our Petition could resolve the question of anyone being denied their rights to hold office in the United States if that right is was denied based on the provisions of the 14th Amendment." "Only a U.S. Attorney could bring such a complaint before a federal court judge, and a jury would need to determine the issue beyond any reasonable doubt. This is what was all wrong, here."

On February 16th, the Justices of our Supreme Court will determine whether they will hear Mr. Couy's Petition for Writ of Certiorari.

The historic ruling in New Mexico represents the first time an elected official has been removed from office for participation or support of the US Capitol riot.

The disqualification comes after unsuccessful challenges by liberal-leaning groups against prominent Trump supporters in the US House of Representatives and Trump-backed candidates for state offices across the country.

The question of what constitutes an "insurrection" also needs to be determined.

According to Mr. Ticktin's brief, an insurrection is "(1) a violent uprising by a group or movement (2) acting for the specific purpose of overthrowing the government and seizing its powers."

Ticktin said a good example of an "insurrection" is the Civil War, which was the "insurrection" to which the framers of the 14th Amendment related. He wrote that if the Respondents were to have their way, a mere Justice of the Peace in some political county, could deem a Mayor's or a Senator's public statements to be participation in an insurrection and cancel his or her rights to hold office.

The trial court relied on the Case of Fries, 9 F. Cas. 924 (C.C.D. Pa. 1800), a case decided over half a century before the ratification of the 14th Amendment.

In Fries. Id., the Court recognized that "[t]he true criterion to determine whether acts committed are treason, or a less offence (as a riot), is the quo animo, or the intention, with which the people did assemble," and further that "[t]he commission of any number of felonies, riots, or other misdemeanors, cannot alter their nature, so as to make them amount to treason. The Petitioner was charged with trespassing, not under 18 U.S.C.S. Â§ 2383 governing insurrection.

The only evidence against the Petitioner proved he was making legal political speech and assembly with various individuals, and he was present on the grounds of the Capitol.

Couy Griffin was not armed, violent, or encouraging violence at the Capitol and the Petitioner never stepped foot inside the Capitol building. The intent of the Petitioner matters, as does the severity of the actions. The bar for engaging in an insurrection is not trespassing on government property; if it were, any sit-in inside or outside of the Capitol could be considered an "insurrection."

"I'm shocked. Just shocked," Griffin said. "I really did not feel like the state was going to move on me in such a way. I don't know where I go from here."

Peter Ticktin Background

Peter Ticktin, Founder and Managing Partner of The Ticktin Law Group, is a courtroom lawyer in South Florida though he has handled cases in many states in both the states systems and the federal courts. As a law student, he received a major scholarship, graduated cum laude, and was elected into the Order of the Coif (U.S. law school equivalent of Phi Beta Kappa Key), and ultimately scored sufficiently high on his Bar Exams that the course he took used his name and score in its advertising.

Since his admission to The Florida Bar in 1991, Mr. Ticktin has led the fight in regard to HIV litigation in the early 1990's and has been a champion for the little guy and gal, against discrimination, and for small business, throughout. Lately, he was the one who unearthed the robo-signers in the mortgage foreclosure field, providing all the state's attorney generals with what they needed to win a $30 Billion settlement with the banks.

In his general experience, Mr. Ticktin has been a farmer, a builder, and at one time owned and operated small heavy equipment. He was the CEO of a small public company, The Pony Express, and to this day, he puts the emphasis on "Business" in the category of Business Law for his clients.

Of all this, his passion is in running The Global Warming Foundation. He maintains that global warming is real, and that there is a need for America to now prosper, so that we can deal with this problem, not by radically reducing use of fossil fuels, but by geo-engineering, hence a need for a space force.

Mr. Ticktin's practice is centered on representing individuals and businesses with creative approaches to achieve the most pragmatically sensible results.

About The Ticktin Law Group:

The Ticktin Law Group was founded by Peter Ticktin in 1991 and has offices across Florida. The attorneys are a dynamic team of strategists and trial lawyers who possess a diverse range of experiences across many areas of law. The Ticktin Law Group is guided by the 'Three Cs': creativity, cost-effectiveness, and communications. They believe superior legal work demands creative solutions and pride themselves on being cost effective and communicative.