OPINION: Cheers & Jeers: Why were they gagged?

JEERS ... to 2nd District Court Judge John Judge, of Moscow.

What was the point of gagging local news reporters and photographers if he was going to change the venue of the Brian Kohberger murder trial all along?

Most of the factors Judge cited in his ruling — which ultimately placed the trial in Boise with 4th District Court Judge Steven Hippler presiding — were unchanged from the very day Kohberger moved into the Latah County Jail more than 20 months ago.

How does gagging news reporters affect:

Preserving the safety and security of the trial and its participants? “The Latah County Sheriff’s Office, which is currently fully staffed, simply lacks the number of officers needed to provide security for the trial while also continuing to perform their day-to-day duties of patrol and responding to calls,” Judge wrote. Turning to the Idaho State Police or the Moscow Police would put additional stress on two understaffed agencies that “were heavily involved” investigating the November 2022 murders of University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin. “There are not enough officers to ensure the safety of the parties, witnesses, victims’ families, jurors and community for a 3-month period.”

Too few Latah County court clerks to process a massive jury selection process “effectively and efficiently”?

A county courthouse that lacks the means to escort “sensitive witnesses through public spaces,” provide “a dedicated space within the courthouse” for the defense and facilities that would serve 18 jurors comfortably for three months?

A community so small that finding an impartial jury would be difficult? That’s not the fault of the local news coverage. As Kohberger’s own defense noted, a survey found roughly the same percentages of people who presumed Kohberger guilty whether it was Latah County (67%), Ada County (68%), Canyon County (69%) or Bannock County (76%). The difference is sheer mass: “If 50% of Latah County residents presume Kohberger is guilty, that leaves approximately 15,000 Latah County residents who do not hold this assumption,” Judge wrote. “In contrast, if 50% of Ada County residents presume Kohberger is guilty, that leaves over 200,000 residents who do not hold such a presumption.”

Even that is speculative. Kohberger’s legal team relied on a sample survey. Only a voir dire would establish the true dimensions of the issue.

Judge failed to mention one more reason that had to be on his mind: Granting Kohberger’s defense team the change of venue it sought removed a potential ground for reversal down the road.

Granted, Judge amended the original gag order, making it more parallel to Idaho’s rules of professional conduct. But it had the effect of muzzling lawyers not just on matters that they’re professionally prohibited from disclosing, but often interfering with the ability of journalists to confirm or simply better comprehend what they were reporting from the courtroom. He also barred news photographers from the courtroom in favor of livestreaming from the district court judge’s YouTube channel.

That was unfair, given the fact that the media was restricted to achieve a result — maintaining Latah County’s jurisdiction over the case — that was never going to happen.

CHEERS ... to U.S. Attorney Joshua D. Hurwit, of Boise.

Joining Nez Perce tribal leaders, the Moscow Human Rights Commission and local officials, Hurwit is hosting a “United Against Hate” summit next week in Moscow.

Part of the U.S. Department of Justice’s efforts to fight hate crimes, the session begins at 6 p.m. Monday at the 1912 Center.

The timing could not be better.

Last week, Hurwit’s office arrested Matthew Allison, of Boise, who is accused of leading a multinational white supremacist group.

As the Lewiston Tribune’s Laura Guido reported, Allison, along with co-defendent Dallas Humber, of Elk Grove, Calif., is charged with 15 counts of soliciting hate crimes, soliciting the murder of federal officials and conspiring to provide material support to terrorists.

“The defendants are self-proclaimed and unapologetic white supremacist terrorists who have solicited likeminded extremists to commit bias-motivated mass murder, political assassinations, and terrorist attacks on critical infrastructure,” Hurwit’s office said in court filings.

All of which is occurring in a state that became known as the headquarters for the Aryan Nations in the last century and where a group of white supremacists were arrested just as they were about to disrupt a Pride event in Coeur d’Alene two years ago.

Other Idaho officials should be speaking out. At least Hurwit is stepping up.

JEERS ... to Lewiston Mayor Dan Johnson and City Councilors Hannah Liedkie and Kathy Schroeder, and Council President Jim Kleeburg.

In a narrow vote in mid-May, they committed the community toward subsidizing United Airlines’ route to Denver by as much as $4 million.

But they were assured the city’s exposure might end up being closer to $1 million.

As the Tribune’s Elaine Williams reported last week, the price tag has reached $1.4 million and that’s only for October, November and December of last year.

So the four of them ought to be demanding answers to these questions:

Why did the subsidy reach that level during the heavy travel months of October through December?

How much more money will United seek during the remaining nine months of their agreement?

Why is it necessary to subsidize United when Delta Air Lines requires no tax dollars to provide both east- and westbound flights from Lewiston?

What happens after Sept. 30 when the current budget and the city’s obligation to United formally ends? — M.T.