Ada commissioner asked judge to ‘accommodate’ Bundy. Now a group wants him investigated
A new group opposed to extremism and disinformation is asking the Attorney General’s Office to investigate an Ada County commissioner after he asked a judge to make “accommodations” for Ammon Bundy, who was denied access to the Ada County Courthouse in Boise after refusing to wear a mask.
Commissioner Ryan Davidson on Monday asked Magistrate Judge David Manweiler “if there was any accommodation” that could be made after Bundy and another man were unable to attend trials connected to their trespassing arrests at the Idaho Statehouse last summer because they refused to wear masks.
Masks are required at courthouses by an Idaho Supreme Court order. Bundy and one other man were arrested Monday for failing to appear for a jury trial after they would not put on a mask and could not get into the building as a result.
A large crowd of supporters gathered outside the courthouse while the judge was making the order. Davidson, who was working in the courthouse, told the Statesman on Wednesday that the crowd was getting “agitated” and that he “figured that this was going to escalate and not end well.”
“I decided to go out and talk to the protesters to see if I could de-escalate the situation, try to find a resolution,” Davidson said. “I wasn’t able to do so. The defendants were really adamant about coming in without a mask on, and they asked me if I would go back to the judge.”
So he did exactly that, he said. He went to Magistrate Judge David Manweiler to ask “if there was any accommodation, if there was any way they could be let in.” Judges have discretion in their own courtrooms, and he said he wanted to see if there were any options that “can help put an end to the protest.” The conversation was first reported by the Idaho Press.
Davidson said he didn’t know it at the time, but Manweiler had already issued failure-to-appear warrants. Shortly after, Bundy and others were arrested after a struggle.
Some people think Davidson’s actions could have violated Idaho Code, which considers it a felony when someone “privately addresses to any public servant who has or will have an official discretion in a judicial or administrative proceeding any representation, entreaty, argument or other communication with purpose to influence the outcome on the basis of considerations other than those authorized by law.”
Rep. Greg Chaney, a Republican from Caldwell, pointed out the potential violation on Twitter. But a new group, the Idaho 97 Project, took it a step further: It asked that Attorney General Lawrence Wasden investigate Davidson for violating the law.
The Idaho 97 Project formed as a grassroots effort late last year in response to demonstrations outside the homes of public officials, including Republican Davidson’s predecessor, Democratic former County Commissioner Diana Lachiondo, before becoming a more formal group led by Executive Director Mike Satz.
“The Idaho 97 Project supports the democratic process in Idaho, counters disinformation and extremism through proactive, fact-based action and media messaging, and protects free expression and good governance for the public and public officials alike,” its website says.
Satz has served as a law professor and administrator for the University of Idaho, including as interim and associate dean for the College of Law and as executive officer and vice president for the Boise campus.
A few days after it had started, the Idaho 97 Project claimed support from more than 11,000 people all over the state. That number has now risen to about 13,000, Satz said, with “a couple hundred” volunteers. He is a full-time employee of the group.
Satz said the group’s goal is to fight against small factions that “bully” elected leaders. Its name comes in response to one of those groups, he said: the Three Percenters.
He said the Idaho 97 Project is nonpartisan and privately funded. He declined to name donors, saying the political atmosphere is “toxic” for those who publicly share their views. He said his donor base comes from across the political spectrum. The group has raised more than $10,000 from donors, he said, and is in talks with people interested in donating more.
“When Commissioner Davidson attempted to garner special treatment of a defendant in a criminal proceeding, Commissioner Davidson was serving in his official capacity as an Ada County commissioner,” said the Idaho 97 Project’s letter to Wasden, signed by Satz.
Wasden’s office declined to say whether it would open an investigation or what the process of deciding to investigate a claim looks like. Satz told the Statesman on Thursday that he had not heard anything from the Attorney General’s Office.
He said he hoped that Wasden’s office would “gather all the facts” on Davidson’s actions.
“The activity alone was so unusual that it warrants an investigation,” Satz said.
Davidson denied any wrongdoing, saying he was just trying to alleviate the situation outside the courthouse.
“I was trying to find a resolution to a problem,” he told the Statesman. “I had no intention of interfering with the case or the judge’s discretion.”
This story was originally published March 18, 2021 at 2:19 PM.
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