Updated: July 17, 2020 10:22 PM
Created: July 17, 2020 10:10 PM
ALBUQUERQUE, N.M.- The Bernalillo County district attorney consulted legal experts from Georgetown before filing a lawsuit against the New Mexico Civil Guard (NMCG), a self-proclaimed militia group with ties to white nationalists.
Georgetown’s Institute for Constitutional Advocacy and Protection brought a similar lawsuit after the "Unite the Right" Rally in Charlottesville, Virginia. The rally involved militias, similar to the NMCG.
Mary McCord, director of the Institute for Constitutional Advocacy and Protection at Georgetown law, said groups like the NMCG are problematic for communities.
She argues the group cannot activate itself to what it sees as civil disorder. She said the state constitution says only the governor has activation power, as well as the power to designate militia.
"So even if we accepted it, say, at face value. The, the notion that the New Mexico Civil Guard was to protect the statue to protect something whether it was the statue, protesters anything else, they lack authority to do that."
The lawsuit, filed by Bernalillo County District Attorney Raul Torrez, is seeking "relief."
McCord said "relief" would look similar to what occurred in the Charlottesville case.
"It resulted in court-ordered injunctions prohibiting those organizations any successor organizations and individuals from returning to Charlottesville in groups of two or more people acting in concert while armed with anything that can be used as a weapon during any protest rally demonstration, or march," McCord said. "So that's the kind that was the relief side in Charlottesville, we'd expect to seek similar type of relief here."
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