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Ammon Bundy said charges were unconstitutional. Judge denies dismissal, moves trial date

By Sally Krutzig, The Idaho Statesman
Published: January 11, 2022, 7:38am

BOISE, Idaho — It appears far-right activist Ammon Bundy’s legal proceedings will be stretched out further still. Ada County Magistrate Judge Kira Dale denied Bundy’s motion to stay and motion to dismiss at a status hearing on Monday afternoon.

His jury trial, which was set for Thursday, has been moved to 8:15 a.m on March 14. The trial will look at Bundy’s trespassing charges from April 8 when he was arrested twice in one day for entering the Idaho Capitol Building. At the time, he was under a one-year ban from the building after he was arrested in 2020 for refusing to leave the Statehouse’s Lincoln Auditorium.

At Monday’s hearing, Bundy’s attorney Seth Diviney tried to argue that the original ban was unconstitutional. Diviney said the Department of Administration Director Keith Reynolds did not have the authority to revoke Bundy’s access.

The judge, however, did not bite.

“It’s denied now, because there just, there isn’t enough of a basis for it,” Dale said in the hearing.

The March trial will be Bundy’s second trial in a year. On July 1, a jury found Bundy guilty of misdemeanor charges for his 2020 arrest. He was convicted of trespassing and resisting or obstructing officers. Bundy was sentenced to 40 hours of community service and $1,089 in fines.

Bundy, who has announced plans to run in the Republican primary for Idaho governor, believes his voluntary Idaho gubernatorial campaign stops satisfy his court-mandated community service connected to a trespassing conviction in July, the Idaho Statesman previously reported.

Dale will be issuing a written ruling on her decisions.

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