Prosecutor: At Idaho Capitol, Bundy, co-defendant decided ‘rules don’t apply to them’

A jury is seated and the trial is underway for Ammon Bundy and Aaron Schmidt in connection with their arrests at the Idaho Statehouse last summer.

Both were arrested on Aug. 25, 2020, in the Lincoln Auditorium at the Idaho Capitol after authorities said they refused to leave the room when it was being cleared. The two face misdemeanor trespassing charges.

In addition, both men were banned from the Statehouse for a year. Bundy was arrested again the following day, though that trespassing charge was later dropped. Bundy was also arrested twice on the same day in April during the legislative session for violating his yearlong ban.

Jury selection began early Monday morning at the Ada County Courthouse in Boise and lasted into the afternoon. Opening statements began later in the afternoon, with Ada County Deputy Prosecuting Attorney Whitney Welsh speaking first.

Welsh told the jury that this case and related charges are the result of two people “deciding the rules don’t apply to them.” She said that both men were asked to leave but did not do so. Welsh added that Bundy had to be physically removed by members of the Idaho State Police and did not participate in the booking process at the Ada County Jail.

Welsh asked the jury to find the two men guilty of the misdemeanor charges and said the state has sufficient evidence to prove the charges.

Sam Bishop, Bundy’s attorney, told the jury that his client did not break any rules in the Statehouse that day. He said Bundy remained peaceful and was detained after a legislator — House Speaker Scott Bedke — “didn’t like that (Bundy) was there.”

“He was breaking no rules,” Bishop said.

Schmidt, who is representing himself in court, argued that if he and Bundy are convicted, it could set a precedent to allow anyone in power to trespass people, including legislators, on any public property.

“I was well within my rights to be there at the Capitol,” Schmidt told the jury.

Testimony also began Monday afternoon at the end of a long court day, as prosecutors called ISP Sgt. Blake Higley.

Higley, who works as an executive protection sergeant for ISP, told the court that a committee hearing was moved from the Lincoln Auditorium to another room in the Capitol after a spectator was arrested for refusing to leave a designated press area. Higley said that Bundy sat down in the press area when the other man was arrested, and remained there until the meeting elsewhere in the Capitol concluded. Higley said troopers were told by House Speaker Scott Bedke to clear the auditorium, but Bundy did not leave.

Higley said those in the Lincoln Auditorium were asked to leave multiple times. Bundy remained seated at the designated press area and did not even respond to troopers, Higley said. Schmidt then walked into the auditorium after the first verbal warning from troopers and did not leave, according to Higley’s testimony. Both men were taken into custody and transported to the Ada County Jail.

The day’s proceedings adjourned at around 5:30 p.m., and the trial continued Tuesday morning at 8:30.

Higley continued his testimony, and was followed by two other members of the Idaho State Police. All three discussed the arrests and the security procedures at the Statehouse. An Ada County sheriff’s deputy testified as to Bundy’s actions while at the jail, which police have described as nonparticipatory.

During a break with the jury excused from the courtroom Tuesday, Judge David Manweiler warned that with the current pace, the trial might stretch past the scheduled four days this week.