For the People to Judge / Motion to Dismiss Ammon Bundy's & Aaron Schmidt's Case

 CASE

For the People to Judge / Motion to Dismiss Ammon Bundy's & Aaron Schmidt's Case

This Motion to Dismiss, along with a fair and public trial if necessary, should give opportunity for Ammon & Aaron (the accused) to show the court, jury and the people ample evidence and testimonies that they were well within their rights to be at the Idaho Capitol building both days, that they were being peaceful and non-disruptive and that Ammon was targeted by Idaho Governor Brad Little, Speaker of the House Scott Bedke and Idaho State Police (Blake Higley). Evidence will show that these Idaho State officials (and others) conspired to remove Ammon from the capitol building because they viewed him as an opposing political leader and believed he would prove to be a deterrent to their political objectives if he was allowed to remain present at the capitol building during the special legislative session in August 2020 and during the upcoming regular legislative session in 2021. HERE IS THE EVIDENCE, YOU BE THE JUDGE!

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IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE

STATE OF IDAHO, AND FOR THE COUNTY OF ADA

STATE OF IDAHO Accuser, (Plaintiff)   vs. Ammon Bundy Accused (Defendant)

Case No.: CR01-20-34189    MOTION TO DISMISS CASE CR01-20-34189 & CR01-20-34187 IMMEDIATELY

 Comes now Ammon Bundy respectfully demands that case CR01-20-34189 & CR01-20-34187 be dismissed immediately due to; the Idaho Speaker of the House of Representatives not having jurisdiction over the Lincoln Auditorium in the Idaho Capitol building when he ordered the room to be cleared; Scott Bedke (Speaker of the House) not being the agent of the owner for the Senate Floor and the Lincoln Auditorium and therefore the elements of the charges have not been met; Sergeant Blake Higley and the other arresting Idaho State Police Troopers lacked authority to clear, trespass or arrest in the Lincoln Auditorium; The Idaho Speaker of the House lacked authority to arbitrarily close the Lincoln Auditorium early during a legislative session; Speaker Scott Bedke, Chairman Gregory Chaney, and Sergeant Blake Higley and other Idaho State Police Troopers violated the House and Senate/Joint Rules by keeping people from entering the House Gallery and Committee Rooms; The People having a Constitutionally protected right to peacefully grieve government personnel for redress at the Idaho State Capitol building, especially during a legislative session.

 Background

On March 13, 2020, President Donald Trump held a press conference announcing that he was releasing $50 billion dollars of federal funds to States in Emergency due to the Novel Coronavirus.(1) That same day (March 13th), Governor Brad Little, through an executive order, put the people of Idaho in a State of Emergency.(2) On March 13, 2020, the Idaho Governor's official website reported, in the entire State of Idaho, only ONE coronavirus case had been confirmed.(3) Shortly after, Governor Little thanked President Trump for 1.25 billion dollars in federal emergency funds.(4) Then again, on March 25, 2020, after President Trump and Speaker Nancy Pelosi announced a 2 trillion-dollar federal stimulus deal for the States,(5) Governor Little, exercised never before used excessive martial law powers(5a) upon the people of Idaho and put Idaho in an “Extreme Emergency” status.(6) Idaho at the time had 136 coronavirus cases and no deaths.(7) 

An “Order to Self-Isolate”, enforceable by martial law,(5a)(6)was put into place by Governor Little, ordering the people living in the State of Idaho to “self-isolate” at their place of residence, authorizing the people to leave their residence only to perform government approved “essential activities”, directing all business owners to cease “non-essential” operations defined by the order, prohibiting individuals from gathering in any number, including religious services, peaceful assembly, and family gatherings, ordering cessation of all “non-approved” travel, requiring “essential workers” to carry “Essential Critical Identification” when leaving their residence, and mandating “social distancing requirements”.(8) The Self-Isolation order incorporated federal guidelines from the Department of Treasuryand the Department of Defense to qualify the Office of the Governor of Idaho to receive billions of federal emergency funds.(9)(9a)(13b) 

 The people of Idaho suffered under the threat of these oppressive orders for many months with increased mandates,(10) suspended legislated laws(10a) and ignored legal limits to emergency orders,(10b) all with no confirmed evidence of any major pandemic.(12a) 2020 Idaho mortalities increase minimally compared to previous years.(11)(11a) While Idaho hospitals statistically decreased dramatically with in-patient care(12) and mortuary revenues remained nearly the same.(13)Yet, in compliance with the weekly “White House Profiles”, that Governor Little agreed to in order to receive massive federal emergency funds,(13a) the arbitrary executive orders remained in place, inflicting unconstitutional restrictions on the everyday lives of the good People of Idaho. Orders were designed to give legal cover for the Governor and his cabinet to independently spend billions of federal funds without legislative oversight.(13b)(9a)

Then, like putting salt on the people's wounds, Governor Little, concerned about the liability of his usurpative orders, called for a special legislative session where he was seeking to pass a bill that would make him and his cronies legally immune from their destructive behavior upon the liberties of the People of Idaho.(14)(14a)   

On August 24th 2020, hundreds of people residing in the State of Idaho came to the capitol building to witness, testify, and express their frustrations to their elected representatives during this special legislative session.(15)(15a)(15b) However, on the opening day of the session, when entering the House Gallery, several Idaho State Police Troopers unlawfully blocked the doorways restricting the people from entering the House Chamber.(16)(46) The People, frustrated about the past several months of lockdowns and overreach, including business closures (among other usurpations) and believing they had a right to enter, witness, and participate in the legislative process, began loudly chanting, “this is our house, this is our house”.(17)(17a)(17b) After several minutes of multiple people reciting the Idaho law, code, and House Rules to the Idaho State Police Troopers, demanding the Troopers to open the doors, the people began to pull the doors open and push their way into the gallery.(18)Several minutes of pushing and shoving ensued until Speaker of the House, Scott Bedke, came to the doors and conceded to the people coming in and witnessing the House proceedings.(19)The people entered the room, filled the House gallery, and overflowed into the rooms that were broadcasting the proceedings live.(20) However, several Idaho State Police Troopers, including Sergeant Blake Higley, took offense and viewed the action of the people as disrespectful to their “authority”.

After the House proceedings ended, the Judiciary, Rules and Administration Committee moved to their normal room, EW42 on the East Wing (Speaker of the House Jurisdiction). However, being a special session and most of the people in the capitol building being there to testify against Governor Little’s immunity bill, the committee room filled up quickly and overflowed into the hallway.(21b) Before opening the hearing, Chairman Greg Chaney demanded that most of the people leave the room. Concerned about what happened earlier that day at the House gallery doors, the people were very sensitive about being pushed out of the legislative processes and would not evacuate.(21a) Chairman Greg Chaney is witnessed stomping out of the committee room in anger.(22)(22a) According to Jeff Wall, House Sergeant in Arms, “[Chairman] Chaney decided to move the hearing to the Lincoln Auditorium” (a much larger room in the West wing basement (Senate President Pro Tempore Jurisdiction). Sergeant Wall stated that, “He believe that someone called Mary Sue Jones, who is the Chief of Staff to President Pro Tem of the Senate…it might’ve been the chairman or it might’ve been security he’s not sure.”.(23) During a phone conversation on March 17, 2021, at approximately 10:42 a.m., I asked Mary Sue Jones, “…if the Lincoln Auditorium was controlled under the authority of the Senate Pro Tem, she said,' yes, it is the Senate’s'. After enquiring, she informed me that she had no recollection of giving anyone in the House of Representatives permission on the 24th or the 25th to use the Lincoln Auditorium. She further checked her schedule and saw nothing on the 24th or the 25th that would indicate that she gave permission or scheduled the House or the Chairman to use the Lincoln Auditorium. She told me that, 'sometimes Soren Jacobson, the IT person for the Senate will give permission by looking at her [Mary Jones’] schedule, and if it’s open, he will let the person know that wants to use the Lincoln auditorium'. Mary Jones also said that she did not think that Pro Tem Hill would have given permission or even had time to do so. She said at that time everybody was just doing the best they could. She also said that it may have been something that the House Sergeant at Arms, Jeff Wall, worked with the Senate Sergeant at Arms, Sarah McDonald on”.(24)  Either way, with, or without permission, the Judiciary, Rules and Administration Committee moved from their normal room, EW42 on the East wing (Speaker of the House Jurisdiction) to the Lincoln Auditorium in the West wing basement (Senate President Pro Tempore Jurisdiction).(25)(22a) That day, House committee proceeding went on until 5:15 p.m. Many people were able to testify and express their frustration, including myself.(26)(26a) 

At the beginning of the hearing, the people were boisterous and Chairman Chaney was frustrated. One person wrote in a PRN article describing August 24, 2020, at the capitol building, “Okay, we get it, the Idaho State leaders are not used to people being around the capitol building as they do their "normal business". They are accustomed to quiet and empty rooms in the capitol as they iron out the legislative fate of the rest of the people outside going about their daily business. These Idaho State leaders believe that while in the capitol building, the "normal" thing people must do, is be obedient to them. But let's face it, 2020 has been anything but normal. On the flip side, the people are not used to the legislative processes that goes on in the capitol building. They know very little about the expected decorum and almost nothing of the made-up rules by the Idaho State leaders. In-fact, many Idahoans believe that the state leaders are supposed to act on their behalf and that the people should have a say and an active part in the legislative process. So, during the special legislative session on August 24th these two ideas collided!”(27) But, by the end the day, both parties began to work together and pay each other more respect. That was until the next day! 

Speaking of the following day, August 25, 2020, House Sergeant at Arms, Jeff Wall said, “The Chairman and Committee decided to go back to the Lincoln Auditorium the next day because they knew a lot of people would be there and knew it was open”.(23)However, no authorization from the Senate for either the 24th or the 25th has been identified; it appears the House committee chair simply invited himself into the Senate room.(24) None the same, the committee was right about one thing; during the hearing on the 25th, the room was full of people wanting to testify and express their frustration with the Governor’s actions over the past several months and express disgust for the bill that was intended to make the governor immune from his Covid related decisions.(14a)(29) But, those people did not get that opportunity.(30)(26a) About 40-45 minutes before the hearing began, I walked down the West wing basement corridor and saw surrounding the Lincoln Auditorium entrance, 20-25 Idaho State Police Troopers. They were pointing and discussing something that appeared to be important, and they seemed to be making some type of physical action plan.(36) When the ISP troopers saw me, they acted surprised and almost immediately separated in several different directions, leaving only a few officers near the auditorium entrance. I entered the room, sat down on the back row and eventually watched the auditorium fill up with men, women, and children preparing to testify and express themselves.(25)

Shortly after the committee hearing began, I witnessed House Sergeant at Arms, Jeff Wall, walk down the far east isle of the auditorium onto the platform and whisper something into Chairman Chaney's ear.(33a)(33) Almost immediately, the Chairman halted the meeting and demanded that the independent press leave the press box (both of the independent media personnel sitting in the press box sat there the entire previous day with no trouble). When Miste Karlfeldt (one of the independent press personnel being ordered to move) stood up to show her credentials and explain who she was, the 20-25 Idaho State Police Troopers that looked to be planning something at the Lincoln Auditorium entrance a little over an hour before, immediately came into the room, walked single file down the center isle, detained Miste Karlfeldt and arrested Bryan Bowermaster (the other independent press personnel sitting at the press box) and drug him out of the room.(34) The people sitting in the auditorium were upset, shocked, confused, over protective, and were remembering clearly of the previous day when the same ISP Troopers tried to keep them out of the House Gallery. They were vocally disturbed with what was taking place. To make matters worse, one of the ISP troopers violently shoved a lady standing in the aisle into the auditorium seats. Other ISP troopers, when escorting Mr. Bowermaster out of the room, knocked over a baby in a stroller and onto the ground. The mother and those around her were very upset and emotion became tears. Many children in the room were also crying and terrified.(37) To say the least, the People were very upset with the irresponsible, aggressive, pompous, disrespectful and unwarranted treatment by the Idaho State Police that day. However, it did appear that the ISP Trooper's earlier plans were coming off perfectly.(36)(36a) Instigating, then escalating, knowing the People would react and then displaying to the People their power and what will happen if the People disrespect them again.(37a-i) 

Towards the middle of ISP escorting the independent media personnel out of the room, I stood up, began filming, quietly walked down the aisle around the commotion and sat in the press box.(38a)(38) It was at that moment I began to petition the government for redress of grievance (or in other words, exercise my right to protest, protected by the 1stAmendment of the U.S. Constitution)(39) for the horrible way Idaho government officials had been treating the people during the special legislative session. Due to a previous engagement on June 23, 2020, I knew the Lincoln Auditorium was officially open until 7 p.m. (40)(40A) My thought was to stay sitting at the press box until that time, making the point that the Right of the Press belongs to the People!(USC, Amendment 1)(41a) Shortly after sitting down, most of the people had left the room, the Chairman had previously put the committee at ease, and the meeting was moved to EW42 on the East wing (Speaker of the House Jurisdiction).(23)(43) The hearing was again called to order at 4:06 p.m. in EW42 and the people were kept out of the meeting for the rest of the hearing, contrary to House Rule 26 and Joint Rule 16(45)(46) (See picture of 10-15 ISP officer guarding the hearing room entrance during the committee hearing).(30)  The hearing minutes read, “Chairman Chaney called the meeting to order at 4:06 p.m., indicating the ISP had secured the building. Chairman Chaney made a unanimous consent to amend the agenda to change RS 28064 to RS 28064C1. There being no objection, the request was granted. Rep. Julianne Young, District 31, presented RS 28064C1, proposed legislation to address liability in relation to coronavirus. This proposed legislation stands”(43) No further testimony was allowed and the committee passed the proposed bill behind locked and guarded closed doors in direct violation of House Rule 26.(45)  

Meanwhile, I was still sitting in the press box in the Lincoln Auditorium in the West Wing (Senate President Pro Tempore Jurisdiction) continuing my protest for the mistreatment of the Idaho people by State officials at the Capitol building.(17)(37a-i)

In Idaho State Police report B20002671, Sergeant Blake Higley wrote, “I observed at the time Bowermaster was escorted out of the room, Ammon Bundy moved immediately to the area where Bowermaster and Karlfeldt were seated and sat down. The committee was in recess until order was restored.” He continued to write, “The House Adjourned for the day at 1655 [4:55 p.m.] on August 25th. At approximately 1700 [5:00 p.m.] I spoke with Speaker of the House Bedke. I informed him that Bundy and approximately 18 other individuals were still in the Lincoln Auditorium seated in the press area. Speaker Bedke requested the room be cleared.” Continuing in his report, Sergeant Higley wrote, “I walked to the Lincoln Auditorium with several [40-60] troopers. I walked to the front of the room and requested everyone leave the room or they would be cited with trespassing. Those who wished to leave the room were given ample opportunities to leave. Bundy continued to sit and made no movements. At this time Bundy was informed he would be under arrest for trespassing. Bundy would not move any portion of his body and had to be physically removed by troopers…Two others were also arrested at the same time. Aaron Schmidt and Jill Watts...”(42)

 Sergeant Blake Higley’s report is close to what happened, but not exactly. Several video recordings of the event show the first thing that came out of Blake Higley’s mouth when he entered the room before my arrest was, “By order of Speaker you are requested to leave”(51) I am uncertain why Sergeant Blake Higley in his report left out that he first said to the people in the room, “By order of the Speaker you are requested to leave”, but in my opinion, that was the only important thing he said all that week. In ISP report B20002671, Lieutenant Charles Ketchum wrote, “On August 25, 2020, at approximately 1700 hours [5:00 p.m.], Speaker of the House Scott Bedke informed Sergeant Blake Higley of the Idaho State Police Executive Protection Unit the Lincoln Auditorium was to be cleared of people at the end of the business day. At approximately 1720 [5:20 p.m.] hours…”(51a) 

Lieutenant Ketchum’s report is not exactly accurate, also. He reported that, Speaker Bedke informed Sergeant Higley, when in reality, it was the other way around. But of course, only Blake Higley and Scott Bedke would know that at the time. None the same, the request or order to clear the Lincoln Auditorium certainly came from the Speaker of the House, Scott Bedke and the Speaker has no authority to clear “The chambers, rooms, passages and corridors of the Senate…”(House Rule 63,64/Senate Rule 5).(45)(52)  In separate phone conversations with Mary Sue Jones, Chief of Staff to President Pro Tem and Jeff Wall, House Sergeant in Arms, both affirmatively acknowledged that the Senate Pro Tem has “Control and Order”of the Lincoln Auditorium.(23)(24) On the Idaho Legislature website page titled, “Scheduling Rooms, Event and Exhibits”, the forth bullet point down reads, “Meeting Rooms in the Senate section of the Capitol, including the Lincoln Auditorium: Call the Senate Chief of Staff Mary Sue Jones…for more information.”(54)

Scott Bedke, Speaker of the House, should know very well how important authority over sections of the Capitol are. In-fact, he sued State Treasurer Julie Ellsworth, “Regarding who actually controls the space in the first floor of the Statehouse.”(55)Regarding the lawsuit, Senate Pro Tem Hill said, “…he believed it would “disrupt the balance of power.” Bedke also said, “The situation boils down to a separation of powers issue.” Accusing the State Treasure, Bedke commented, “Do the laws mean anything?” Further, Hill declared, “I entered into (the lawsuit) to preserve the rights and powers of the legislative branch of government,”.(56) Bedke prevailed in the lawsuit, and an eviction notice was issued by the court for State Treasurer to vacate the floor by the end of this month (March 31, 2021).(57) 

Sergeant Blake Higley also should have known the importance of proper authority in the Capitol building, especially before trespassing and arresting someone in the Statehouse. On August 20, 2020, at 1:03 p.m., Sergeant Higley received an email from Eric Milstead, Director of the Legislative Service Office, Subject: authorization.(58a) Attached to the email was the “Guidelines for ISP relating to public testimony”, dated July 19, 2020. It reads in part, “For purposes of Section 18-7008, Idaho Code, the Speaker and President Pro Tempore are agents of the owner of their respective chambers, office space and walkways…”(58) 18-7008 is the Idaho Trespass Code that myself and Arron Schmidt have been charged with in this case. According to this guideline, ISP should not trespass an individual from the capitol building until after the Speaker of the House or the President Pro Tempore, agents of the owner of their respective chambers, offices space and walkways have directed the person to depart. 

The ISP Guideline does say, “…and committee chairs are acting as the agents of the committee hearing rooms.”(58) However, this portion of the guideline would not apply to this case because, 1) the hearing was at ease when I sat down to protest in the press box,(43)(42)  2) the Committee Chair, Speaker or Pro Tem never asked me to move or leave,(31)  3) the committee (including the chair) left the Lincoln Auditorium and later called the committee meeting to order in another room hours before I was arrested,(43)(42)  4) Sergeant Blake Higley did not receive request from the chair to remove or trespass, (42)  5) The House had adjourned at 4:55 p.m., and the Speaker made the request to Sergeant Blake Higey at approximately 5 p.m., 20 minutes before I was arrested and did not direct Aaron or I to leave at anytime.(42)  The Lincoln Auditorium was clearly no longer the committee room for the Judiciary, Rules and Administration Committee at the time I was trespassed and arrested around 5:20 p.m. The House Committee was, at best, a guest in the Senate room to begin with. The committee chair possibly would have had some authority while the hearing was taking place, but the hearing was put at ease and moved to another room on the House side hours prior to the order from the Speaker. Therefore, Speaker Bedke usurped the power of the Senate President Pro Tempore by ordering Sergeant Blake Higley to clear a Senate room, in which he had no authority to do so. Subsequently, Aaron Schmidt, Jill Watts and I were wrongly trespassed and arrested, in which Sergeant Higley and the other 40-60 ISP troopers were more than zealous to do.(57) 

Idaho State Police report B20002671, written by Corporal Stephen Achesen reads, “I was informed Speaker of the House Scott Bedke had informed Sergeant Blake Higley of the Idaho State Police, people were to clear the Lincoln Auditorium at the end of business day.”(66)  This report is interesting for two reasons. First, it confirms what Lieutenant Ketchum reported, it shows that Blake Higley flipped the script, getting the ISP troopers to believe that the trespass and arrest was all initiated from the Speaker of the House, when in reality the entire trespass and arrest was initiated by Blake Higley, and the Speaker had no direct idea or concern for us being in the Lincoln Auditorium until Sergeant Higley made it an issue for him.(42) Secondly, in his report, Corporal Acheson wrote,“…people were to clear the room at the end of the business day.”, indicating that it was also the request of the Speaker to clear the room because the end of the day was over.(66)However, when I was sitting in the press box, in protest, I understood that the Capitol Building, including the Lincoln Auditorium did not officially close until 7 p.m.(40)(40A)

Joint Rule 16 reads, 

Hours Chambers Open. — The Chambers of the Senate and House of Representatives shall be open, during any regular or special session, hours to be determined by the Senate Pro Tempore and the Speaker of the House of Representatives.Chamber hours may be adjusted by the Senate Pro Tempore and Speaker of the House of Representatives as necessary during all other times of the year.(46)

The Speaker of the House cannot arbitrarily change the closing time of the capitol building or rooms during a session. The changing of hours (including closing times) must be officially agreed upon by both “the Senate Pro Tempore and the Speaker of the House of Representatives”. As of March 17, 2020 the last official agreement that has been made public on the Legislative website is titled, “Idaho State Capitol Building Guidelines and Policies for Public Usage” last revised on January 7, 2019 and signed by Brent Hill, former Senate Pro Tem and Scott Bedke, Speaker of the House of Representatives on July 1, 2017. On page 2, under “Reservations”, the Capitol house hours have been agreed upon and officially signed as “M-F, 6:30 a.m. to 7:00 p.m.; Saturday, Sunday & Holidays, 9:00 a.m. to 5:00 p.m.”(40) So if, in fact, Speaker Bedke believed the closing hours of the Lincoln Auditorium were 5:00 p.m. the day I was arrested, he was either unknowingly mistaken, or once again, usurping the power of the Senate Pro Tem. The only other possibility is that an official hour change was agreed upon, but not published or made readily available to the people. No matter which was the case, that day, I understood the Lincoln Auditorium to be open until 7:00 p.m. I was lawfully protesting government officials for the poor treatment towards the People of Idaho. I was doing so by sitting in the press box at the Lincoln Auditorium. I was not interfering with or disrupting any meeting or compromising any orderly conduct, and I intended to stay until 7:00 p.m. or until my wife asked me to come home.(33) 

UPDATE: Shortly after my conversation with Mary Sue Jones, Pro Tem Chief of Staff on March 17, 2020 the legislative website was updated with a new State Capitol Building Guidelines and Policies for Public Usage signed on by Speaker Bedke and Pro ten Chuck Winder on March 7, 2021 with a closing time at 5pm. I do not believe there is a coincident between the timing of the new capitol hour joint agreement, the conversation with Mrs. Jones and this case. Either way the official closing Lincoln Auditorium closing hours on August 25, 2020 (the day Aaron and I where arrested) was 7:00 p.m.(40)(41)

House Rule 26 reads (underlines added),

Committee Meetings to be Open, Executive Sessions Limited, Disruption of Meetings. — (1) All regular meetings of any standing, special or select committee of the House of Representatives shall be open to the public at all times. Any person may attend any meeting of any standing or select or special committee, but may participate in said committee only with the approval of the committee itself.

(2) Executive sessions of a standing, special or select committee of the House of Representatives shall be limited and undertaken only when necessitated by extraordinary circumstances as provided in this rule. Except in an emergency involving security or threats against state citizens, resources or facilities, an executive session may be considered by a committee only after the committee has given public notice at least twenty-four hours in advance of the meeting that the committee will have before it a request to meet in executive session, has listed the person(s) or agency that has requested the executive session, and has described the reason(s) for which an executive session has been requested. Only after the committee chairman has identified the reason(s) for holding the executive session and only upon a two-thirds vote recorded in the minutes of the meeting of the committee, shall a committee be allowed to hold an executive session during any meeting, at which time persons who are not members of the legislature may be excluded. Executive sessions shall be held only when and to the extent necessary to: discuss records that are exempt from public disclosure by statute, court decision or court rule; consider pending litigation, mediation or arbitration; consider personnel decisions involving a legislative employee; conduct a preliminary investigation of an ethics complaint against a member under Rule 45; consider charges brought against or the discipline or dismissal of a member when public disclosure would harm an innocent third party; discuss the security of or threats against state citizens, resources or facilities; or discuss acquiring an interest in real property which is not owned by a public agency. Under no circumstances, however, shall an executive session be authorized or held for the purpose of taking any final action or making any final decision, and during such executive session, no votes or official action may be taken.

(3) Nothing in this rule shall prohibit the removal of any person who willfully disrupts a meeting to the extent that orderly conduct is seriously compromised.(45)

The underlined sections above emphasize, that by law, the meetings in the capitol building are to be strictly open to the people at all times; that very strict and specific rules are in place if confidentiality is warranted to exclude individuals; and that a person who willfully disrupts a meeting to the extent that order is seriously compromised can be removed. This coincides with the Joint House Rule 16 which states that, “The Chambers of the Senate and House of Representatives shall be open, during any regular or special session…”(46)

Never, at any time, did I violate the laws of Idaho, including the House Rules, Senate Rules or the Joint Rules while I was present at the Idaho Capitol building during the Special Legislative Session on August 24, 25, 26, 2020. The laws that were broken in this case were done so by several Idaho officials in an effort to chill the people from coming to the Capitol building, so they would not influence legislatures during the Special Legislative Session or this ongoing 2021 Session.  

In an email conversation on August 26, 2020, between the Idaho Director of Administration, Keith Reynolds and the Idaho Director of Finance, Patti Perkins, they are celebrating and verbally patting each other on the back over having me trespassed. The subject is titled, “Thank you!” Director Perkins starts the email by writing, “Good job, Keith! She goes on, “I am sure the order will not change his [Ammon Bundy] behavior, but I am grateful to know it is there and that ISP, the Governor and you have stood up to the ridiculous antics.” Director Reynolds replies a few minutes later, “Thank you, Patti. I really appreciate your note. At least Mr. Bundy will not be around in January.” (Speaking of the Idaho Legislative Session starting in January 2021). Patti Perkins replied back, “I truly am grateful!”.(75) 

In a text message between Sergeant Blake Higley and Joe Mueller, Security Operations Administrator for the Department of Administration at 9:18 a.m. on Monday August 24, 2020, (the first day the Special Session started, in fact about an hour before) Sergeant Higley texted, “Just a heads up that Amon Bundy is on the 4th floor outside the house gallery doors.” Later he texted, “Bundy is in WW02” Throughout the session, Sergeant Blake Higley was having me followed. On August 26, 2020 at 7:05 a.m., Sergeant Higley texted Eric Milstead, Director of Legislative Services, he wrote, “Speaker is interested in having the other arrestees from yesterday trespassed, too (in addition to Bundy).” Director Milstead replied, “Yes, for consistency I was already there.” A couple of hours later at 9:35 a.m. Sergeant Higley texted Keith Reynolds, “Hey Director, just checking on the letter, any timeframe when we might have those in hand?” Director Reynolds replied, “Finalizing them now. I will walk them over when I have them in hand.” Sergeant Higley replied, “Excellent. Much appreciated.” At 9:45 a.m., Blake Higley again texted Director Reynolds asking,“Keith—any update on letters? Haven’t seen Bundy yet… at 10.59 a.m. Keith Reynold texted Sergeant Higley back, “Bundy is in the building. I need to get the letter out.” Almost immediately at 11:00 a.m., Sergeant Blake Higley texted SOA Joe Mueller, “Bundy is in the building”. SOA Miller then texted an unknown person, “Can you send a copy of the letter for Bundy by email to Blake please?” The next day, SOA Mueller texted, “Videos indicate Bundy is back on route to the capital, his wife is already here and so is Pam Hemphill in the group. ISP has units on the way to the capitol and Boise PD has been informed and will be patrolling. It will be an arrest on site situation for sure[,] per Blake”.(76)

One might ask, why is Sergeant Blake Higley so motivated and intricately involved in every part of the abuse to the people during this Special Session? Why are directors and heads of departments taking orders and reporting to him? After all, isn’t he just a Sergeant, the second lowest rank in the Idaho State Police?(77) Also, why is Sergeant Blake Higley, as a Sergeant, the 5th highest paid person in the Idaho State Police force?(78)(78a)    

In an email on May 19, 2020 from SOA Joe Miller to Director Keith Reynolds, SOA Mueller wrote, “Good Morning, I put together the following short deck after our conversation with Blake last Friday (had to get the framework out of my head). It’s just a strawman DRAFT right now and I’ve sent it over to him [Blake Higley] to add/delete/change last night. The finished product will be theirs, I’m simply supporting and he [Blake Higley] was excited I was willing to take a first stab at it. Your comment, thoughts are welcome. Thank you, Joe”(79) Attached was a “COVID-19 COUNTERMEASURES PLAN – Security Operation Sensitive”, it detailed four main pages, 1) “OVERVIEW”. The first line being, - “Active Plan to detect and mitigate increased risk to State operations during Rebound Idaho stages”. 2) “SECURITY ESCALATION MATRIX”.  3) “MITIGATION ESCALATION”. 4) “ANTI-GOVT PROTEST ATTENDEES” with “Sponsoring Groups/Persons” as – “Idaho Freedom Foundation, - Health Freedom Idaho, -2nd Amendment Alliance, - Freedom Tabernacle, - Aamon Bundy” with a graph of a “1400% increase over March, April and May”.(80)  The 2nd day of my arrest, SOA Joe Mueller, sent another email to Director Reynolds with an updated version of the Covid-19 Countermeasure Plan titled, “C19 CM_improvement_V2”. The email read, “Good Morning, -this is the V2 after coordination with Blake and his team on Friday. Note the changes on slide 3, 4, 6. Thank you, Joe”(79)  

Again, why is everyone reporting to, referencing and seeking approval of Sergeant Blake Higley? If he is only a Sergeant in the Idaho State Police then why is he so involved in every aspect of this case and prior to, and why does he hold so much clout? Could it be because Blake Higley heads the Governor's own security team and receives his orders directly from Governor Brad Little?(52)  

On October 26, 2020, I filed a Motion to Compel Evidence to this court, in that motion, I made this statement, “Future litigation including a fair and public trial should give opportunity for myself (the accused), to show the court and the jury ample evidence and testimonies that I was well within my rights to be at the Idaho Capitol building both days, that I was being peaceful and non-disruptive, and that I was targeted by Idaho Governor Brad Little, Speaker of the House Scott Bedke and Senate Pro-Tempore Brent Hill.  Evidence will show that these Idaho State leaders (and others) conspired to remove me from the capitol building because they viewed me as an opposing political leader and believed I would prove to be a deterrent to their political objectives if I was allowed to remain present at the capitol building during the special legislative session and during the upcoming regular legislative session in 2021.”(82)(75)

There is only hearsay evidence showing former Senate Pro Tem Hill was involved in the conspiracy to strip myself and many others of the right to participate in the Idaho Legislative processes. However, there is ample evidence showing Speaker Scott Bedke and Governor Brad Little directed the Governor’s Executive Security Officer, Sergeant Blake Higley, to accomplish the task.(52) They did so (multiple times) through usurpations of the Senate Pro Tempore’s power over the Senate spaces in the Capitol building.(51)(90) 

In an investigative interview on March 05, 2021, “Director Reynolds was asked if anyone with authority communicated to Defendant Ammon Bundy on 08-25-2020 that he was not able to come back to the Capitol building. He replied that nobody did. He further added that it would not have been appropriate for him to make a decision to do so without consulting with others.  Director Reynolds was asked what changed between 08-25-2020 and the morning of 08-26-2020 that resulted in the drafting of a trespass letter. He replied that it came about after “a meeting with the Pro tem, and the Governor”.”(84) According to Director Reynolds, he was not making the decisions alone. However, when the former Pro Tem was asked about a meeting with the Director, The Senate President said, “…he had no recollection of the specifics of the meeting mentioned by Mr. Reynolds.”(85) So, the question remains, did Mr. Reynolds meet with Governor Little or not, and why is the Governor’s head security person involved in nearly every measure of this case? In a March 2, 2021 court hearing, Jeff Nye, Governor Little’s Attorney argued, “there was no meeting”.(86) However, why then did Director Reynolds say he met with the Governor about this matter before issuing the order to trespass me? 

Either way, the forceful plot to remove me from the Idaho Capitol building continued.     

On August 26, 2020, the third day of the special legislative session and after being arrested the day before for lawfully protesting the abusive action upon the People of Idaho, I entered the Senate gallery and sat down a few minutes prior to the opening of the Senate proceeding. Shortly after sitting down, an Idaho State Police Trooper came over to where I was sitting and asked me to remove my hat. I thanked him for the reminder and promptly removed my hat.(87) The Senate leadership soon after opened the proceedings and began the business for the day. The preceding went on for about an hour when the Senate took a recess. Shortly after the recess began, I became aware of a gathering of Idaho State Police, congregating at the Senate gallery door and balcony, including Blake Higley, Sergeant of the Executive Protection Unit. (52) Several minutes went by and a balding man with glasses in a suit and tie joined the officers and made their way to the gallery seats and surrounded the area where I was sitting. The balding man in the suit attempted to hand me a piece of paper and said, "With the delivery of this letter you are hereby trespassed from the building, it is based on the events that happened yesterday".(89a) He then said, "So, uh, respectfully request that you leave the building". When asked who he was he said, "Keith Reynolds the Director of the Department of Administration". Mr. Reynolds then again said, "Respectfully asking that you leave the building." I then pointed out how convenient it was for those who have politically targeted me to use trespassing as a tool to remove me from the Capitol building during a legislative session. Mr. Reynolds once again said, “Again respectfully request." In which I said, "I think I have a right to participate in this process (pointing to the Senate floor), I have done it with no threat to anyone else, and so I have been peaceful from the very beginning, this has been instigated (referring to the trespass enforcement) and I will participate in the process". Mr. Reynolds then says. “So, under the laws of the State of Idaho you have been trespassed from the building, so I am asking that you vacate, if not, you will be removed as you were yesterday". Several people in the galley started asking why they were targeting me. Sergeant Blake Higley, the Governor’s Lead Security Officer then said, "All of the debate, there is no debate right now...there is no debate, you will make your decision, otherwise we will make it for you and that is what the debate is."  After several complaints from people in the gallery about them targeting me, Sergeant Blake Higley ordered several Idaho State Police troopers to forcefully arrest me and drag me out of the Capitol building,(90)(87) in which I spent the day, that night, and part of the next day in "the cold box", a cell in the Ada County Jail.(91a)

 As a matter of record, one of the Idaho State Police Troopers that arrested me, after placing me in the police vehicle, looked around to see if any of the other officers were looking and then grabbed my jugular vein in my neck, and ripped and twisted it violently. I was handcuffed behind my back and could not do much to get away from him. Thankfully, another officer opened the far side door to put something in the vehicle, and the Trooper quickly pulled his hand back and shut the door. Sergeant Sarah A. Hill with the Boise Police department said she would investigate the matter, but the discovery shows she did nothing other than turn the complaint in. If that ISP Trooper is willing to do what he did when other officers were around, I fear what he does to people when he has them alone. I can only imagine how many people he has hurt or even killed.(91) To this day Idaho State Police will not disclose the identity of this Trooper.

During a hearing to quash subpoenas on March 2, 2021, Jeff Nye, Lead Deputy Attorney General for the State of Idaho, argued to this court that Keith Reynolds had no jurisdiction over the Lincoln auditorium, that Mr. Reynolds was not in the Lincoln auditorium during my arrest on the 25th and that Director Reynolds only has jurisdiction of the "public spaces" in the capitol building. Mr. Nye therefore argued that the subpoena for Keith Reynolds should be quashed. After gathering further facts and information, I had to agree in part with Mr. Nye. Yes, according to the Idaho Code 16-1602 the Director of Administration has jurisdiction over the "public spaces" but NOT the Lincoln Auditorium OR the Senate gallery where Mr. Reynolds, without authority, served me a trespass notice and directed my arrest on the Senate floor. Without proper authority, Sergeant Blake Higley, and several Idaho State Police Officers under the direction of Keith Reynolds forcefully put handcuffs on me, drug me out of the Senate gallery and into an Ada County Jail cell where I suffered for many hours before paying hundreds of dollars to be released.(91b)

In an Investigative Report from Peyton Merideth, dated March 8, 2021, Mr. Merideth stated that during a conversation between Deputy Prosecutor Whitney Welsh and Keith Reynolds in which he was present, Mr. Reynolds said that he, "believed that he was acting in good faith in writing and serving the [trespass] letter because he had met with Mr. Brent Hill and other staff members on the morning of the 26th and the letter and the trespass issue in general was discussed. Mr. Reynolds believed that based on that meeting, he had the authority to issue the letter to Mr. Bundy..."(85). Further, Mr. Merideth reports that, "On 3/4/2021, at approximately 1545 hours, I was again present for a phone call with Brent Hill, the former Pro Tem of the Idaho Senate. Mr. Hill stated he had no recollection of the specifics of the meeting mentioned by Mr. Reynolds, although looking back on his schedule it did show a “Security meeting” at 0730 hours on the 26th. Mr. Hill believed that Mr. Reynolds and perhaps ISP representatives were present, but again he doesn’t recall the details. Mr. Hill also stated that he received a text message at about 1054 hours referenced someone needing to speak to him about the trespass letter. About the meeting, Mr. Hill stated, “It appears (the letter) was brought to my attention” and “I was depending on them to take care of things.” Mr. Hill also mentioned that he was not aware Mr. Bundy was going to be returning to the capitol on the 26th, but that he (Hill) noticed Mr. Bundy in the gallery and even asked someone if his (Bundy’s) wife and child were with him. When asked specifically if he wanted Mr. Bundy trespassed, Mr. Hill said he had other things going and that he wasn’t really concerned with it." Additionally Mr. Meridith reported that, "Mr. Hill stated that Mr. Reynolds was not acting on his behalf when he, Mr. Reynolds, issued the trespass letter to Mr. Bundy. Mr. Hill stated, “...not by any direct, did not direct to have him removed.”(85)

Senate/Joint Rules, Rule 5 gives power ONLY to the Senate President Pro Tempore to have a person removed from the Senate floor. It also ONLY grants the Senate President Pro Tempore control over the Chamber, rooms, passages, and corridors of the Senate. Senate Joint Rule 5, titled Control and Order, reads, "The President of the Senate has general control and direction of the Senate floor, while presiding, and shall preserve order and decorum therein and in case of disturbance or disorderly conduct, may order the same cleared or any person or persons removed therefrom. The Chamber, rooms, passages, and corridors of the Senate, during the legislative session, shall be under the control of the President Pro Tempore."(52) 

Lead Deputy Attorney General, Jeff Nye, representing Director Keith Reynolds, admitted that his client, Keith Reynolds, did not have jurisdiction over parts of the Capitol building. Idaho Code 67-1602, 67-1604 or 67-5709(96)(97)(95) referenced by Mr. Reynold in the trespass letter does not grant the Director of Administration (Keith Reynolds) authority to order the removal or trespass of a person in the Senate gallery. Senate/Joint Rules, Rule 5, gives power ONLY to the Senate President Pro Tempore to have a person removed from the Senate floor. It also ONLY gives the Senate President Pro Tempore control over the chamber, rooms, passages, and corridors of the Senate.(52)Senate President Pro Tempore Brent Hill in a conversation that State Investigator Peyton Merideth witnessed said, "he [Pro Tem Hill] noticed Mr. Bundy in the gallery...and that he wasn’t really concerned with it." Later in that conversation, former Pro Tem Brent Hill said, "Mr. Reynolds was not acting on his behalf when he, Mr. Reynolds, issued the trespass letter to Mr. Bundy."Director Keith Reynolds without authority from Senate Pro Tem Hill directed Blake Higley and other ISP officers to wrongfully arrest me without authority or cause. 

In a letter to Sergeant Blake Higley, Director Keith Reynolds indicates that he knew he did not have authority to trespass me in the Senate gallery or room. He wrote, “Blake,  After conversation with Julie Weaver [Deputy Attorney General] I want to confirm that the areas in the trespass orders issued the past August are the public spaces within the Idaho State Capitol Building…” After reviewing the letter, Keith Reynolds’ Secretary, Diane Blume emailed Mr. Reynolds and wrote, “So what your saying is that the ProTem should have been the authority to provide the No Trespass Orders to Bundy and his group?” Director Reynolds replied, “I wasn’t trying to say that, but you picked up on it. Yes, technically the pro-tem should have authorized the no-trespass for the gallery.” In an interview with Prosecutor Whitney about this matter, “Director Reynolds was asked about this email dated 10-20-2020. He indicated that he regretted that email and that it was in response to ISP Trooper Blake Higley. Prosecutor Welsh indicated to the Director that, based upon the information contained in the email, it was likely that she would be unable to proceed with this case. Director Reynolds Agreed.”(101) 

I would like to point out to this court that sometime before October 10, 2020, Director Keith Reynolds, Sergeant Blake Higley, Deputy Attorney General Julie Weaver and other Idaho Officials knew the trespass in the Senate gallery was not legal, but allowed the case to continue for many months, causing myself much suffering in both time, money and emotion.(101)  It was not until March 2, 2021 when I inquired of authorization with Jeff Nye, Lead Deputy Attorney General, during a hearing to quash, that Prosecutor Whitney Welsh began to investigate the matter also.(84) Shortly after, Ada County Prosecutor’s Office filed a “Motion to Dismiss” the Senate gallery case against me.(105) The same day that I filed to have the case dismissed, this court issued an “Order to Dismiss” the second trespass case.(106)(107) 

Now, on the same grounds as the second case, with much more cause, I plead with this court to dismiss case numbers CR01-20-34189 & CR01-20-34187. 

Conclusion

On March 11, 2021, this court made an “ORDER TO DISMISS” Case No. CR01-20-33897. In a hearing the day before, State Prosecutor Whitney Welsh, refused to give the court explanation to why the State wanted the case dismissed.(105) However, Mrs. Welsh understood clearly that on August 26, 2020 I, Ammon Bundy, was illegally trespassed and violently arrested then jailed by State officials, without proper authority. On March 5, 2021, she stated that, based on the information she had obtained, “it was likely that she would be unable to proceed with this case.” Director Reynolds, “agreed”.(84) Because Director Reynolds and Sergeant Higley usurped authority to remove me from the Senate gallery, the State chose to dismiss the charges applicable to that day. On August 25, 2020, hours after the Judiciary, Rules and Administration Committee moved to their normal room, EW42 on the East wing and nearly 30 minutes after the House of Representatives had adjourned for the day, Scott Bedke, Speaker of the House, usurped the power of the Senate President Pro Tempore in a very similar way that Director Reynolds did the day after, by ordering the Lincoln Auditorium to be cleared.(42) House Rule 63 gives the Speaker of the House “the duty… to have general charge and supervision of the House floor, chamber, galleries, offices, committee rooms, adjoining and connecting hallways and passages and to oversee decorum and preserve order therein.”(45)  House Rule 64 grants power to the Speaker of the House to clear the House gallery “in case of any disturbances or disorderly conduct in the lobby or gallery…(45)” Senate Rule 5 states, “The Chambers, rooms, passages, and corridors of the Senate during legislative session, shall be under the control of the President Pro Tempore.” Rule 5 further authorizes, “The President of the Senate general control and direction of the Senate floor, while presiding, and shall preserve order and decorum therein and in case of disturbance or disorderly conduct may order the same cleared or any person or persons removed therefrom.”(52) Therefore, the Speaker of the House has NO authority to clear the Senate Floor nor the Senate rooms, including the Lincoln Auditorium.  He is not the owner or agent of the owner. When speaking of rules regarding Capitol building rooms, Scott Bedke himself asked the question, “Do the laws mean anything?”(56) Idaho Statute 18-7008 institutes that, “A person commits criminal trespassing… when…he fails to depart immediately from the real property of another after being notified by the owner or the owner’s agent to do so…”(116) I was never notified by an agent of the owner to depart. Identifying who the legal owner of the Idaho Statehouse is may be a good practice for all government officials to participate in, especially over what has transpired in Idaho over the past 14 months. 

Additionally, Speaker Bedke violated Joint Rule 16 multiple times, by ordering the House Gallery doors to be closed during the special session and by arbitrarily changing the hours of the Lincoln Auditorium without official agreement with the Senate Pro Tempore.(46) ISP Guidelines clearly states that, “the Speaker and President Pro Tempore are the agents of the owner of their respective chambers, offices space, and walkways…”(58)  all of which Sergeant Blake Higley understood before using excessive force on the People of Idaho in violation of our most established rights, including the right to petition government officials for redress of grievance in the Idaho Statehouse.(118) 

Furthermore, the day of my first arrest on August 25, 2020, I understood the Lincoln Auditorium to be open until 7:00 p.m.(40) I was lawfully protesting government officials for the poor treatment towards the people of Idaho. I was doing so by sitting in the press box at the Lincoln Auditorium.(38) I was not interfering with or disrupting any meeting or compromising any orderly conduct(38a), and I intended to stay until 7:00 p.m. or until my wife asked me to come home.(33)  I was well within my rights!(118)

House Rule 26 establishes that House Committees do not have authorization to close meetings to the people, it reads, “All regular meetings of any standing, special or select committee of the House of Representatives shall be open to the public at all times. Any person may attend any meeting of any standing…” Further, House Rules 26 mandates that, only upon a two-thirds vote recorded in the minutes of the meeting of the committee, shall a committee be allowed to hold an executive session during any meeting, at which time persons who are not members of the legislature may be excluded.”  However, after leaving the Lincoln Auditorium, the Judiciary, Rules and Administration Committee Chairman, Greg Chaney, called the meeting to order behind closed doors, guarded by at east 12 Idaho State Police Troopers, excluding the People of Idaho from attending the committee meeting without giving reason and without a two-thirds vote.(45)(30)(43)

Therefore, I, Ammon Bundy (The Accused) respectfully demand this court to dismiss case CR01-20-34189 & CR01-20-34187 immediately.    

 

DATED this 26 Day of March 2021

 Ammon Bundy          
Name of the Accuse

Read about More Abuse and Corruption in this Case: https://pplsrghts.org/e7316f1f-b745-41c1-81e9-098addda7211

Attachment below are several motions filed in this case.