Last week, April 18th, Erik Stidham, lead attorney for St. Luke's hospital filed a 335 page Writ of Mandamus against the Gem County Sheriff in the Idaho Supreme Court. Gem County Sheriff Donnie Wunder had prior to the court filing informed St. Luke's representatives that he will no longer serve legal papers to Ammon Bundy on his property. The week before, on the 6th of April, two Gem County Sheriff deputies came to Bundy's home to serve him more St Luke's documents. Not finding him in the home they began walking around the house and buildings knocking on and looking into windows. After going into a covered storage portion of a building they eventually found him in the work area of the shop and served him the papers. In an update on the case, written by Ammon Bundy, he admitted that he was very upset with the sheriff deputies walking around his property and going into buildings that they had no right to enter. After chasing them out, he told the deputies to leave and never come back. He further reported that he called the sheriff’s department with his concerns and officially trespassed all the deputies.

Bundy claims that he could have filled a dumpster full of the papers that have been sent to him by St. Lukes, via Holland & Hart (St. Lukes law firm). Two days before the sheriff deputies served papers on him, another process server served the same papers on Mr. Bundy at his home. He also received the papers from the US Mail and then received the papers from Fed-Ex and again from UPS. Bundy stated that this has been going on for about a year now. On Monday April 10th Sheriff Wunder called Bundy to talk over the matter. Ammon Bundy reported that "the conversation was good and the sheriff was respectful" and that, "the sheriff said he wanted to work with me, not against me". At the end of the conversation, Bundy said he emphasized to the sheriff, that after what happen with his deputies a few days ago, everyone from the sheriff's department is trespassed from his property, "Unless I have committed some crime no one from your department is to come onto my property" he said.

The Idaho Statesman reported that the Sheriff has a legal obligation to serve Mr. Bundy, but the law appears to be gray in this area. The Idaho Constitution does give power to subpoena witnesses, but says nothing about a right to serve people on their own property. It does however state that, "All men are by nature free and equal and  have certain inalienable rights, among which are enjoying and defending life and liberty; acquiring and possessing and protecting property; pursuing happiness and securing safety." (Article 1, Section 1). In the current 2023 Idaho legislative session a bill was presented that would protect process servers from being prosecuted for trespassing. However, the bill did not even make it out of the committee before it was killed, emphasizing the Idaho Legislature’s opinion on the matter. Ammon Bundy said, "Property rights mean a lot to Idahoans, so imagine not being able to be at peace in your home because people are coming to your house almost daily to serve you. Then imagine police roaming around your property with no warrant, no crime and no emergency looking into your windows just because they are bringing papers for someone. I don't think that is what the drafters of the Idaho Constitution intended when they wrote it."

The editors at the Idaho Statesman wrote in a recent article that, "...the current situation is largely a result of repeated failure to hold Bundy accountable for his action", making a list of Ammon Bundy's many stands against what some would call government overreach. The Idaho Statesman's article exposes how its editors actually despise the legal process while suggesting that Ammon Bundy should be arrested without committing a crime. The editors list of grievances against Mr. Bundy included the Bundy Ranch incident, where the Bundy family peacefully stood for their property rights and were held for two years in federal prison, only to be dismissed of all charges by a United States Chief Judge and then again by the 9th Circuit Court of Appeals. This happened after Ammon Bundy & his brother were acquitted by a federal jury during a 10-week trial in the District of Oregon.

The Statesman editors also added to their list the incident when Bundy and others pushed their way into the Idaho Capitol building during the 2020 special legislative session. But the Idaho Attorney General office disagreed with the Idaho Statesman editors when they published that Ammon Bundy and the others "committed no crime". Did the label lynched outlaw know the law before pushing in the doors of the Idaho Capitol Building? The Idaho Law states that, "The Chambers of the Senate and House of Representatives shall be opened, during any special or regular session...". So, who was breaking the law when the doors were closed and the Idaho State Police were charged not to allow anyone in?  Maybe Mr. Bundy has been in the right this entire time?

Judge Lynn Norton must have read the Idaho Statesman’s article because yesterday, April 18th she issued a warrant for Ammon Bundy's arrest. What is his crime, no one is sure, maybe that does not matter anymore. The lawsuit against Ammon Bundy is a civil case and if he chooses not to participate then the judge by law must enter default and the judge can rule for St. Lukes. This would end the case and St. Luke’s would get what they asked for. But the fact that St. Luke's CEO, Chris Roth and Holland & Hart Attorney, Eric Stidham continue to request to have Ammon Bundy arrested says so much about what this suit is really about.

Ammon Bundy posted a video today on his YouTube channel telling CEO Chris Roth that he can have all that he owns. Bundy said he just wants peace. He quoted Matthew 5:40-41 and said he is going to exercise faith. All CEO Chris Roth has to do is send Mr. Bundy a letter of what he wants and he will give it to him. Settlements outside the court are usually better for both parties, but last time he tried to do that St. Lukes went back on their word and tried to put Bundy in jail. I think it is very obvious to most everyone that St. Luke’s executives will not take this offer of peace. It is such a shame that they are using Saint Luke’s name, even though they represent something completely different than peace and healing, not to mention they are not a Catholic or Lutheran hospital.

Eventually, they will arrest Mr. Bundy and drag him into the courtroom in an orange suit and leg irons. All for a civil case. If this was happening to anyone else the judge would have entered a default judgment many many months ago and the case would be over. 

Joseph Brown

PR Editor- A dead man from Texas

Attachments
notice-of-filing-of-petition-for-writ-of-mandamus.pdf (95 KB)