Giddings: I don't have documents

Jan. 27—BOISE — Idaho state Rep. Priscilla Giddings, R-White Bird, last year acknowledged having access to documents that are now at the center of a public records lawsuit.

Giddings, who is running for lieutenant governor, denied having the documents last week. In an email to supporters, she said she's the target of a politically motivated "nuisance lawsuit" involving a public records request "for records that don't exist."

In a text message to the Lewiston Tribune last spring, however, Giddings indicated she had at least one of the documents and "can send it to you if you don't have it."

The documents in question relate to rape allegations that were leveled against former Rep. Aaron von Ehlinger by a 19-year-old House intern in March 2021, and to a subsequent tort claim alleging that Giddings and von Ehlinger engaged in a "conspiracy" to defame the young woman.

Erika Birch, a Boise attorney who represents the intern, sent a records request to Giddings in August, asking for copies of any written or electronic communications she'd had with von Ehlinger or von Ehlinger's former attorney, David Leroy, regarding the intern. Birch specifically requested copies of the various ethics complaints filed against von Ehlinger and Giddings herself, as well as any related documents that may have disclosed the identity of the intern.

Giddings responded via email two days later, saying her office "does not have any public record related to your request that isn't already public. I have asked the Legislative Services Office to search their database as well. My office considers this request closed."

After two subsequent requests were ignored, Birch sued Giddings earlier this month, alleging a violation of Idaho's Public Records Act.

Giddings contacted the Lewiston Tribune on April 16, after the Tribune posted an online breaking news story about the rape allegation.

The initial story was based exclusively on a short statement von Ehlinger emailed to the Tribune, denying the allegation and saying he hadn't "broken any laws or legislative rules (or) violated the concepts of appropriate social conduct."

The Idaho Statesman reported Wednesday that the digital "metadata" or identifying information on an online Word document containing von Ehlinger's statement indicated it "was 'authored by' and 'last modified by' Giddings, or someone using her computer or web account, on April 16."

Giddings issued a statement Wednesday afternoon saying, "This is a complete lie. The document in question, which appears to be a poor fabrication, shows I did not even see it until hours after the story was published."

She didn't immediately respond to a request for comment on the apparent discrepancy between her text offering the Tribune a copy of certain documents and her denial of Erika Birch's records request four months later.

Giddings texted the Tribune the afternoon of April 16, asking the paper to post a longer response von Ehlinger had provided to the House Ethics Committee:

"Standard one-sided hit piece," Giddings wrote, referring to the Tribune's initial breaking news. "Please consider posting his rebuttal that is also public record. I can send it to you if you don't have it."

After being informed that the Tribune had just received the full ethics complaint, including von Ehlinger's response, Giddings sent a second text:

"Do you have the 7 page response that should have been released with the complaint?" she asked.

Von Ehlinger's response to ethics committee complaint, which referred to the intern by name, was seven pages long.

It's unclear, however, if Giddings still has any documents related to the case.

As reported by the Tribune last summer, the Idaho Legislature does not have a records retention schedule. That means lawmakers can delete emails, social media posts and other records whenever they see fit. So long as a pending records request isn't seeking the information, there's nothing illegal about that.

House Republican Caucus Chairwoman Megan Blanksma, R-Hammett, told the Tribune she doesn't anticipate the practice changing "until it's challenged."

House lawmakers censured Giddings in November for conduct unbecoming a member of the Idaho House, saying her decision to publicize the name of the intern on her Facebook page brought discredit to the House.

She has been using the censure vote, as well as the recent public records lawsuit, to raise funds for her lieutenant governor campaign.

She sent a letter to supporters Tuesday, saying Idaho's "left-leaning media" has launched "an all-out smear attack" against her by reporting on the lawsuit.

"Whether it's accusing innocent people of wrongdoing or devising nuisance lawsuits against political opponents, the Boise swamp and Idaho's very own left-leaning media are in cahoots to drag the state to the left," Giddings wrote. "Whether you can donate $250, $100, $50 or even just $25, every dollar will go towards keeping our campaign strong."

Spence may be contacted at bspence@lmtribune.com or (208) 791-9168.