A judge recently heard closing arguments in the second Capitol riot trial. Prosecutors referred to the defendant, Couy Griffin, 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,” KRQE reported.

The federal government charged Otero County Commissioner Griffin with a misdemeanor for going onto the Capitol grounds illegally while the electoral college votes were being counted.

“All of this would suggest to a normal person that perhaps you should not be entering the area,” U.S. District Court Judge Trevor McFadden said of Griffin during the trial.

Griffin is not being accused of entering the Capitol building or inciting violence, as opposed to some other defendants, KRQE said. Griffin's attorneys argued that he is being prosecuted solely because of his political opinions. They said the prosecution believes that Griffin incited violence by leading the Capitol rioters in prayer outside the building. Approximately 770 individuals have been charged with various crimes as a result of the Capitol riot, and many have already been sentenced, according to KRQE.

Griffin, 48, is a vocal supporter of former Pres. Donald Trump and cofounder of a group called Cowboys for Trump. Some legal experts believe that the outcome of this case will determine whether other rioters decide to have their cases be heard by a judge or jury, KRQE reported.