IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT 

OF THE STATE OF IDAHO IN AND FOR THE COUNTY OF ADA

MOTION TO DISMISS WITH PREJUDICE: BRADY VIOLATION

COMES NOW Defendants Aaron Schmidt and Ammon Bundy moves this court for an
order to dismiss case number CR01-20-34187 and case number CR01-20-34189 with prejudice
due to brady violations. “The suppression by the prosecution of evidence favorable to an accused
upon request violates due process where the evidence is material either to guilt or to punishment,
irrespective of the good faith or bad faith of the prosecution”. (See Brady v. Maryland, 373 U.S.
83 (1963). A Brady violation occurs when: (1) evidence is favorable to exculpation or
impeachment; (2) the evidence is either willfully or inadvertently withheld by the prosecution;
and (3) the withholding of the evidence is prejudicial to the defendant. (Strickler vs. Greene
(U.S. 1999). The evidence suppressed by the prosecution is material, exculpatory, and it's
suppression is prejudicial to the Defendants. It should be noted that each Exhibit attached hereto
in which a source link appears is video evidence, is clickable, and intended for all parties to
view. The arguments supporting this motion are as follows:

1. On March 11, 2021 Defendant caused a subpoena duces tecum to be served on Keith Reynolds,
Department of Administration requesting production of certain documents and records. Defendant
sought to obtain copies of the video security footage of their arrest in the Lincoln Auditorium. A
copy of the subpoena is
attached as Exhibit "A."


2. On March 12,2021 Jeff Nye served a written objection to the inspection or copying of the
requested documents and/or records. He also stated that “the Department of Administration does not
have any video or audio recordings of the events surrounding the arrests on August 25,2020”. A copy
of the objection is attached as Exhibit "B."


3. There are multiple cameras in the Lincoln Auditorium and in the hallways outside of the Lincoln
Auditorium as documented via photographs attached as Exhibit “C(1), C(2), and C(3)”. The security
cameras in the Lincoln Auditorium were turned on and functioning at the time of the arrests in the
Lincoln Auditorium as shown via video attached as Exhibit “M”.


4. Video security footage of the arrest of Ammon Bundy and Aaron Schmidt was released to Idaho
Reports, and it appears in an article written by Montana Daily Gazette entitled: “Politicians Have
Ammon Bundy Arrested for Peacefully Attending Public Meeting”
Link: https://montanadailygazette.com/2020/08/26/politicians-have-ammon-bundy-arrested-for-
peacefully-attending-public-meeting/ See Exhibit “D” in support. It can also be found on
the Idaho Reports Facebook page. Link: https://www.facebook.com/watch/?ref=external&v=344276880060639 . See Exhibit “D”
in support. There was only one stationary camera matching the height, angle, and location that
would be necessary to produce this video which was recorded at the time Defendents were
arrested. The quality of the video also indicates it would be security footage. A photo of the
security camera is attached hereto as exhibit “C(3)”

5. The following attempts (in addition to the subpoena duces tecum) have also been made to
obtain these records:
• On October 14, 2020 (6 days after Defendant's arraignment) a Public Records Request
was submitted by Bryan Bowermaster, for video surveillance footage of the Lincoln
Auditorium and it was denied stating “the department has reviewed the records it
maintains and does not have videos for the days you specify. Media reported on the
events during the special legislative session and may have made footage available to the
public”. See Exhibit “E”
• On November 3, 2020 Defendants served a motion to 1) Compel Discovery 2) Preserve
Evidence 3) Reserve Option to File Further Motions to Compel. At this point the
prosecution knew or had reason to know that the evidence requested is crucial to the
Defense of the accused.
• On the date of January 25th, 2021 Defendants submitted a Request for Discovery and
Brady Request in which Defendants specifically request security footage from inside
the Idaho State Capitol and the Lincoln Auditorium. The Prosecution objected to this
Request for Discovery and Brady Request.

• On February 25, 2021 a discovery request was submitted to the Department of
Administration (Keith Reynolds) and the request has remained unanswered.
• On April 12, 2021 Defendant Aaron Schmidt sent an email to the department of
administration to remind them of the unanswered discovery request. Jeff Nye responded
on April 13, 2021 again asserting that the video security footage did not exist. See
Exhibit “G” attached in support.

6. On the date of May 22, 2021 at approximately 9:30 A.M. Defendant Aaron Schmidt
called the Idaho State Capitol and spoke with security officer Proche who informed
Defendant that the video footage for the Capitol is "stored on servers", that he worked under
the Department of Administration, and that he "had access to cameras and means to get
feed".

7. Throughout litigation between the accuser STATE OF IDAHO and the accused Ammon
Bundy and Aaron Schmidt, multiple motions to dismiss have been filed. However, the
prosecution has continually objected to the motions, all the while the accused (Defendants) have
been refused exculpatory evidence on multiple occasions as explained in this MOTION TO
DISMISS: BRADY VIOLATION. The lack of the disclosure of exculpatory evidence favorable
to the accused (Defendants), prejudices the accused (Defendants) and this prejudice simply
cannot be remedied prior to the jury trial scheduled for June 28, 2021.

8. The suppressed exculpatory evidence is favorable to the accused. The withheld video and
audio footage would clearly show that the accused were peaceful, exercising
constitutionally protected acts, and well within their right to be present at the Idaho State Capitol 

on the dates of August 25th & 26th, 2020, in addition to the following facts:
• There was an extreme show of force by the Idaho State Police on both days, and threat of
force by the Boise Police on August 25th, 2020 as they showed up in riot gear and stood in
the hallway outside of the Lincoln Auditorium while the arrests took place. See Exhibit
“H”.
• Women and children were injured as multiple disguised Idaho State Police forcefully
removed Bryan Bowermaster (member of the press) from the Lincoln Auditorium. See
Exhibit “L” and affidavit in support attached hereto as Exhibit “S”.
• After the independent press was removed from the press seats by a large force of disguised
Idaho State Police officers, Ammon Bundy calmly and peacefully walked over to the press
seats (See Exhibit “L” attached). He did not lead nor incite any actions of others, but he
remained peaceful.
• The owner/agent was not present in the Lincoln Auditorium at the time of removal of
Defendants (See Exhibit “I” and Exhibit "L"), and it would show that the Speaker of the
House, the Pro Tempore of the Senate or the committee chair did not direct the Defendants
to leave as required by the "ISP Guidelines Regarding Public Testimony" attached hereto
as Exhibit "F".
• An Idaho State Police officer grabbed Jill Watts by her neck as she was standing in the
hallway, pulled her into the Lincoln Auditorium, threw her against a seat and arrested her.
Idaho State Police ultimately charged her with trespassing and two charges of resisting/
obstructing. A video of her arrest is attached as Exhibit “J” hereto. 

• Ammon Bundy was quietly sitting in the Lincoln Auditorium being peaceful, non-violent,
non-disruptive, and was causing absolutely no harm to the proceedings which may or may
not have been going on at the time in the Idaho State Capitol. See Exhibit “C(3)”.
• The plaintiff intends to prosecute Ammon Bundy not just for trespassing, but for resisting/
obstructing as well. However, the withheld exculpatory evidence would show that
Ammon Bundy did not resist, obstruct, or put any officer in harms way at any point in
time surrounding his arrest on August 25th, 2020. See affidavit attached as Exhibit "U".
• Ammon Bundy, Aaron Schmidt, and others were well within their rights to be present at
the Idaho State Capitol on August 25 & 26, 2020.
• Ammon Bundy and Aaron Schmidt were arrested shortly after 5PM (See attached exhibit
"I(1)" and I(2)", which is during normal operating hours of the Idaho State Capitol on the
date of August 25th, 2020. Please see the Capitol hours at the time of Defendant’s arrest
attached hereto as Exhibit “K(1)”. The Idaho State Capitol hours have since been changed
as of March 7, 2021 as shown in Exhibit “K(2)” attached hereto.
• Idaho State Police Officers closed and blocked the doors so the concerned public could
not see what was happening to the Defendants or Jill Watts inside the room, and therefore
they could not record what was happening from outside the room. The video secuerity
footage from inside the room and in the hallway would clearly show that the public was
concerned about the immediate safety of those individuals in the Lincoln Auditorium due
to the extreme show of force by Idaho State Police. Please see Exhibits “H", "J", "I" as
well as affidavits attached hereto as Exhibit "U" and Exhibit "V".
• Aaron Schmidt was let inside the room by Idaho State Police Officers, and then remained
in the room less than 2 minutes and given less than 5 seconds of interaction with officers before

 being surrounded on either side (entrapped) and arrested, simply for attempting to
advocate for individual’s immediate safety by way of recording a video on his cellphone.
Aaron Schmidt was never told why he was being arrested or that he was trespassing, so
he was not aware why he was being detained until after he was on the way to the jail.
ISP arrested Aaron Schmidt before Ammon Bundy, so that Aaron Schmidt could not get
Ammon Bundy’s arrest on video. See video attached hereto as Exhibit “N(2)”. The
exculpatory evidence would also show that an Matthew Vallard made false statements,
including but not limited to that Aaron Schmidt was sitting, implied that Aaron Schmidt
was present when Blake Higley told people in the room to leave, and that the arrests
were made at 5:30P.M. Please see statement attached hereto as Exhibit “T”.
• At the time of the arrest of Aaron Schmidt, Betsy Russell (Idaho Press) still remained in
the room as shown in attached Exhibit “N(1) & N(2)”.
• Idaho State Police were in possession of Aaron Schmidt’s cellphone for some time before
finally giving his property to his wife outside of the doors to the Lincoln Auditorium. A
screenshot was taken of the video which he was recording, but the video had been
deleted. Please see affidavits attached hereto as Exhibits “U, V, W” in support.
• The withheld video footage would clearly show that the ISP at the command of Blake
Higley targeted Ammon Bundy, because he saw Ammon as political opposition, and had
him arrested for sitting in a chair in the Lincoln Auditorium during operating hours as
seen in Exhibit “I(1)” attached hereto. The security footage would also show that ISP
entrapped Aaron Schmidt while he was recording for the safety of Ammon Bundy. Since
the Department of Administration, Jeff Nye, and/or prosecutors withheld security video
footage or otherwise denied that such footage exists, pertinent facts have been hidden and
key witnesses for the Defendants have been shielded. Both men were peaceful, non-disruptive, 

and well within their rights. The State of Idaho has provided no evidence that Aaron Schmidt and 

Ammon Bundy were disruptive in the Lincoln Auditorium.
• Other individuals were still present in the Lincoln Auditorium and the hallways outside
of the Lincoln Auditorium when the Ammon Bundy and Aaron Schmidt were arrested.
(See Exhibit “I(1) and I(2)”)
As clearly shown in the motion herein, the Defendants do not possess the evidence, nor have
they successfully obtained it with any reasonable diligence. See United States v. Bagley, 473
U.S. 667 (1985); U.S. v. Agurs, 427 U.S.97 (1976); Strickler v. Greene, 527 U.S. 263 (1999).
The exculpatory evidence which has been withheld by the State of Idaho has caused undue
hardship on the Defense of the Accused Ammon Bundy and Aaron Schmidt and has been an
unfair disadvantage to Judge David Manweiler as it is impossible for a judge to make a fair
ruling if exculpatory evidence has been suppressed as it has in the cases described herein.
Furthermore, the suppression of exculpatory evidence has prejudiced the Accused, and this
prejudice simply cannot be remedied before the jury trial on June 28. 2021.
8. The Prosecution has suppressed, withheld, or otherwise failed to seek out exculpatory
evidence throughout this litigation.
• On the date of August 26th, 2020 after he was shown a video of Jill Watts pulled into the
Lincoln Auditorium and arrested, Blake Higley stated to an Idaho citizen that “the Pro
Tem is the president of the senate” and “…Let’s not jump to conclusions the day after it
happened, and lets get all the video, all the audio, all the reports….Audio and video isn’t
going anywhere is it?...If there is an issue it will be dealt with appropriately”. See video evidence 

attached hereto as Exhibit “O”. At this time, the State of Idaho and the government
officials working therein knew or had reason to know that:

1) The Senate Pro Tem Brent Hill had jurisdiction in the senate gallery where Ammon Bundy was
arrested on August 26ᵗʰ, 2020. See Idaho Statute 67-1604 attached hereto as Exhibit “P”.

2) Exculpatory evidence including video of the arrest of Ammon Bundy, Aaron Schmidt, and Jill Watts
is in the control of the plaintiff State of Idaho.


Despite the State of Idaho knowing or having reason to know that the Senate Pro Tem has
jurisdiction over the Senate Gallery, it can be reasonably determined that they continued to
prosecute Ammon Bundy for case number CR01-20-34897 until the results from a public records request
(See email attached hereto as Exhibit “Q”) from the Department of Administration surfaced on or
about the date of March 5ᵗʰ, 2021. At this point, the Prosecutor’s office submitted the results of
this public records request to the court as an “addendum to response to discovery” and completed an
investigation wherein they could not deny any longer that Ammon Bundy was arrested unlawfully on
the date of August 26ᵗʰ, 2020. Then, 7 days prior to the jury trial scheduled for March 15, 2021,
the plaintiff State of Idaho submitted an extremely vague “motion to dismiss” to this court on
March 8, 2021 which is attached hereto as exhibit “R”. During a status conference on the date of
March 11, 2021 when Judge Manweiler asked the Prosecutor Whitney Welsh why she motioned to dismiss
the case 7 days before trial, she was reluctant to explain further.
Throughout a litigation, the burden of proof is on the plaintiff, in this case it is the State of
Idaho or Prosecutor Whitney Welsh. Exculpatory evidence was not disclosed to the Defendants within a 

timely manner in regard to case number CR01-20-34897 until she had no choice but to dismiss the
case, and this pattern is continuing into the litigation of case numbers CR01-20-34187 and
CR01-20-34189. Just as in Case number CR01-20-34897, the disclosure of exculpatory evidence would
prove that the Plaintiff State of Idaho can no longer prove the elements of the alleged charges the
Prosecutor Whitney Welsh wishes to prosecute Ammon Bundy and Aaron Schmidt for, therefore the State
of Idaho could no longer deny that Aaron Schmidt and Ammon Bundy were politically targeted and
removed from the Lincoln Auditorium on the date of August 25,
2020.
9. The suppression of exculpatory evidence favorable to the accused causes the prosecution to be in
violation of Disciplinary Rule 7-103(B) which states, "A public prosecutor or other government
lawyer in criminal litigation shall make timely disclosure to counsel for the defendant, or to the
defendant if he has no counsel, of the existence of evidence, known to the prosecutor or other
government lawyer, that tends to negate the guilt of the accused, mitigate the degree of the
offense, or reduce the punishment." (See ABA MODEL CODE OF PROFESSIONAL RESPONSIBILITY).


WHEREFORE, Defendants Aaron Schmidt and Ammon Bundy request that this motion to dismiss is GRANTED
and case number CR01-20-34187 and CR01-20-34189 are DISMISSED WITH PREJUDICE with respect to the
brady violations explained herein, and the exhibits
attached hereto.

Respectfully Submitted this 16th day of June, 2021