Santa Fe trial of Cowboys for Trump co-founder hinges on definition of Jan. 6 events

What is the difference between insurrection and protest?

Expert witnesses for plaintiffs asking the court to remove and disqualify Otero County Commissioner Couy Griffin from office for his role in the Jan. 6 attack on the U.S. Capitol spent about six hours examining that distinction Tuesday, the second and final day of testimony in the case.

The main difference, according to constitutional scholar and University of Maryland professor Mark Graber, who testified at length, is the use of violence.

“An insurrection requires violence, force, intimidation,” Graber said. “A First Amendment-protected protest has none of these.”