WEBVTT 00:04.504 --> 00:06.539 >>> WELCOME TO THE IDAHO DEBATES, A LOOK AT THE 00:06.539 --> 00:09.542 CANDIDATES ON THE 2014 PRIMARY BALLOT. 00:09.542 --> 00:12.545 THE IDAHO DEBATES IS A COLLABORATIVE PROJECT OF THE 00:12.545 --> 00:16.516 IDAHO PRESS CLUB, THE LEAGUE OF WOMEN VOTERS OF IDAHO, AND 00:16.516 --> 00:17.817 IDAHO PUBLIC TELEVISION. 00:17.817 --> 00:20.920 THE IDAHO DEDATES ARE MADE POSSIBLE BY BOISE STATE 00:20.920 --> 00:23.456 UNIVERSITY, COMMITTED TO PUBLIC SERVICE IN OUR 00:23.456 --> 00:27.727 COMMUNITY AND THE STATE OF IDAHO FOR MORE THAN 80 YEARS. 00:27.727 --> 00:30.130 OFFERING UNDERGRADUATE AND GRADUATE DEGREES IN PUBLIC 00:30.130 --> 00:33.099 ADMINISTRATION, PUBLIC POLICY, CRIMINAL JUSTICE, COMMUNITY 00:33.099 --> 00:37.303 AND REGIONAL PLANNING, ECONOMICS AND MORE. 00:37.303 --> 00:42.108 THE IDAHO DEBATES ARE ALSO BROUGHT TO YOU BY 00:42.108 --> 00:43.643 YOUR CONTRIBUTIONS TO THE IDAHO 00:43.643 --> 00:44.744 PUBLIC TELEVISION ENDOWMENT. 00:44.744 --> 00:46.112 THANK YOU. 00:46.112 --> 00:50.016 >>> HELLO AND WELCOME TO THE IDAHO DEBATES, LIVE FROM 00:50.016 --> 00:51.584 IDAHO PUBLIC TELEVISION. 00:51.584 --> 00:55.689 WE'LL HAVE EIGHT MORE DEBATES OVER THE NEXT 14 DAYS, BUT 00:55.689 --> 00:58.058 TONIGHT, THE CANDIDATES VYING TO BE THE STATE'S CHIEF LEGAL 00:58.058 --> 01:00.960 OFFICER TAKE THE STAGE TO ASK FOR YOUR VOTE. 01:00.960 --> 01:04.998 IN CASE YOU WERE WONDERING, THE OFFICE OF THE ATTORNEY 01:04.998 --> 01:06.966 GENERAL PROVIDES LEGAL REPRESENTATION TO THE STATE'S 01:06.966 --> 01:07.967 AGENCIES. 01:07.967 --> 01:10.637 THEY OFFER LEGAL OPINIONS TO THE IDAHO LEGISLATURE, AND 01:10.637 --> 01:13.440 THEY DEFEND IDAHO'S LAWS IN COURT. 01:13.440 --> 01:17.177 I WANT TO WELCOME THE TWO REPUBLICAN CANDIDATES. 01:17.177 --> 01:20.613 ATTORNEY GENERAL LAWRENCE WASDEN, AND CHALLENGER 01:20.613 --> 01:21.981 ATTORNEY CHRIS TROUPIS. 01:21.981 --> 01:25.452 LAWRENCE WASDEN IS IDAHO'S 32nd ATTORNEY GENERAL. 01:25.452 --> 01:28.922 HE IS SERVING HIS 12th TERM AND IS IDAHO'S LONGEST-SERVING 01:28.922 --> 01:30.090 PERSON IN THIS POSITION. 01:30.090 --> 01:32.559 CHRIS TROUPIS IS AN IDAHO ATTORNEY WITH OVER 30 YEARS 01:32.559 --> 01:34.561 PRACTICING LAW. 01:34.561 --> 01:38.264 HE'S BEEN INVOLVED IN MANY HIGH-PROFILE CASES, INCLUDING 01:38.264 --> 01:40.667 THE IDAHO REPUBLICAN PARTY'S CHALLENGE TO THE PRIMARY 01:40.667 --> 01:43.770 RULES, OR THE CLOSED PRIMARY CASE. 01:43.770 --> 01:46.272 THANK YOU BOTH FOR BEING HERE. 01:46.272 --> 01:49.309 I ALSO WANT TO THANK OUR PANEL OF REPORTERS WHO WILL 01:49.309 --> 01:50.410 ASK THE CANDIDATES QUESTIONS. 01:50.410 --> 01:53.313 EMILEE RITTER SAUNDERS, FROM BOISE STATE PUBLIC RADIO. 01:53.313 --> 01:56.583 REBECCA BOONE FROM THE ASSOCIATED PRESS, AND OUR 01:56.583 --> 01:59.986 VERY OWN POLITICAL ANALYST, DR. JIM WEATHERBY. 01:59.986 --> 02:02.889 I'M AARON KUNZ COHOST OF "IDAHO REPORTS" HERE ON 02:02.889 --> 02:04.324 IDAHO PUBLIC TELEVISION. 02:04.324 --> 02:06.726 I'LL MODERATE TONIGHT'S DEBATE AND TRY TO MAKE SURE 02:06.726 --> 02:10.597 BOTH CANDIDATES GET EQUAL TIME AND STAY ON POINT. 02:10.597 --> 02:12.866 TO HELP ME AND TO REMIND THE CANDIDATES HOW LONG THEY'VE 02:12.866 --> 02:17.270 BEEN TALKING IS VOLUNTEER TIMEKEEPER FROM THE LEAGUE OF 02:17.270 --> 02:19.539 WOMEN VOTERS, ELINOR CHEHEY. 02:19.539 --> 02:22.108 THANK YOU FOR BEING HERE. 02:22.108 --> 02:23.710 WE'VE ENCOURAGED THE CANDIDATES TO ENGAGE ON THE ISSUES. 02:23.710 --> 02:27.113 I'M LESS INTERESTED IN ENFORCING A RIGID FORMULA THAN 02:27.113 --> 02:29.883 IN ALLOWING AN INTELLIGENT AND ENLIGHTENING DISCUSSION THAT 02:29.883 --> 02:33.086 HELPS YOU, THE VOTER, CAST A MORE INFORMED BALLOT. 02:33.086 --> 02:35.722 EACH CANDIDATE WILL BE GIVEN TWO MINUTES FOR OPENING 02:35.722 --> 02:38.825 COMMENTS AND TWO MINUTES FOR CLOSING. 02:38.825 --> 02:41.561 WE FLIPPED A COIN A FEW MINUTES AGO TO SEE WHO WOULD 02:41.561 --> 02:44.898 GO FIRST. 02:44.898 --> 02:46.833 IT WILL BE CHRIS TROUPIS. 02:46.833 --> 02:48.134 THEIR FIRST QUESTION. 02:48.134 --> 02:50.370 >> ARE WE DOING OPENING STATEMENTS FIRST. 02:50.370 --> 02:53.106 >> THANK YOU FOR REMINDING ABOUT THAT. 02:53.106 --> 02:56.409 EACH CANDIDATE TWO MINUTES FOR OPENING STATEMENTS. 02:56.409 --> 02:57.510 MR. TROUPIS, YOU ARE FIRST. 02:57.510 --> 03:01.514 >> THANK YOU, AARON, AND THANK YOU LEAGUE OF WOMEN VOTERS AND 03:01.514 --> 03:03.216 IDAHO PUBLIC TELEVISION FOR THIS OPPORTUNITY. 03:03.216 --> 03:06.619 WE KNOW THE POWER OF POLITICAL OFFICE CAN BE SO IMMENSE AND 03:06.619 --> 03:09.489 INTOXICATING THAT THERE IS A GREAT DANGER OF BEING CAPTURED 03:09.489 --> 03:10.256 BY IT. 03:10.256 --> 03:15.995 THE ATTORNEY GENERAL HAS HELD PUBLIC OFFICE FOR OVER A 03:15.995 --> 03:21.267 QUARTER CENTURY, EMPLOYED IN THAT OFFICE SINCE PRESIDENT 03:21.267 --> 03:25.005 REAGAN AND -- EVEN THOUGH MR. WASDEN IS A GOOD MAN, HE 03:25.005 --> 03:26.272 HAS LOST HIS WAY. 03:26.272 --> 03:29.109 PERHAPS DECADES AGO HE HAD THE RIGHT VISION. 03:29.109 --> 03:32.012 RECENT ACTIONS SHOW HE HAS BEEN CAPTURED BY THE IMMENSE POWER 03:32.012 --> 03:33.179 OF OFFICE. 03:33.179 --> 03:35.982 TIME AND AGAIN HE HAS CHOSEN TO SIDE WITH THE GOVERNMENT RATHER 03:35.982 --> 03:36.449 THAN THE PEOPLE. 03:36.449 --> 03:40.086 FOR EXAMPLE, ONE, HE GAVE UP THE FIGHT AGAINST OBAMA CARE. 03:40.086 --> 03:44.457 TWO, HE ADVISED THE STATE LAND BOARD TO COMPETE WITH PRIVATE 03:44.457 --> 03:45.191 BUSINESS. 03:45.191 --> 03:50.463 THREE, HE REFUSED TO DEFEND AN IDAHO FAMILY FROM THE EPA. 03:50.463 --> 03:54.634 FOUR, HE WILL NOT PURSUE RECOVERY OF OUR PUBLIC LANDS. 03:54.634 --> 03:59.139 AND, FIVE, HE ALMOST SURRENDERED OUR SECOND 03:59.139 --> 04:02.676 AMENDMENT RIGHTS BY ARGUING THERE SIMPLY IS NO INDIVIDUAL 04:02.676 --> 04:06.579 RIGHT TO BEAR ARMS IN THE UNITED STATES CONSTITUTION, AND 04:06.579 --> 04:10.617 QUOTE STATES CAN ACT AGGRESSIVELY TO RESTRICT GUN 04:10.617 --> 04:11.418 ACCESS. 04:11.418 --> 04:14.487 OUR ATTORNEY GENERAL MUST CHOOSE THE PEOPLE OVER 04:14.487 --> 04:14.788 GOVERNMENT. 04:14.788 --> 04:18.158 HE MUST BE THE PEOPLE'S LAWYER AND THE PEOPLE'S ADVOCATE. 04:18.158 --> 04:19.859 IT IS TIME FOR A CHANGE. 04:19.859 --> 04:23.163 AND THAT'S WHY I AM RUNNING FOR THE OFFICE OF ATTORNEY GENERAL. 04:23.163 --> 04:24.064 THANK YOU. 04:24.064 --> 04:25.265 >> THANK YOU VERY MUCH. 04:25.265 --> 04:28.702 NOW, MR. WASDEN, TWO MINUTES FOR YOUR OPENING STATEMENT. 04:28.702 --> 04:29.436 >> THANK YOU. 04:29.436 --> 04:33.173 MY NAME IS LAWRENCE WASDEN, I'M THE IDAHO ATTORNEY GENERAL. 04:33.173 --> 04:36.643 WHEN I RAN FOR THIS OFFICE 12 YEARS AGO, I SET UP FIVE THINGS 04:36.643 --> 04:38.078 THAT I WOULD TRY TO ACCOMPLISH. 04:38.078 --> 04:41.348 FIRST OF ALL, FIRM AND FAIR CRIMINAL PROSECUTION, WHICH WE 04:41.348 --> 04:45.919 HAVE SUCCESSFULLY PURSUED NUMEROUS PUBLIC -- PUBLIC 04:45.919 --> 04:46.920 CORRUPTION CASES. 04:46.920 --> 04:49.923 ALSO TO PROTECT IDAHO'S SOVEREIGNTY AND WATER. 04:49.923 --> 04:59.232 WE HAVE NEARLY COMPLETED THE SNAKE RIVER BASIN -- I HAVE 04:59.232 --> 05:02.869 DEFENDED IDAHO'S SOVEREIGNTY REPEATEDLY. 05:02.869 --> 05:04.504 THE AFFORDABLE CARE ACT CASE AMONG THEM. 05:04.504 --> 05:08.575 THIRD, TO PROTECT IDAHO'S CONSUMERS FROM FRAUD. 05:08.575 --> 05:13.513 WE HAVE RECOVERED MILLIONS OF DOLLARS FOR IDAHO CONSUMERS 05:13.513 --> 05:16.049 REPEATEDLY THROUGHOUT THAT TIME PERIOD. 05:16.049 --> 05:20.520 FOUR, TO EXERCISE WISE STEWARDSHIP ON ENDOWMENT LANDS 05:20.520 --> 05:28.161 TO OBTAIN THE MAXIMUM LONG TERM FINANCIAL RETURN AS REQUIRED BY 05:28.161 --> 05:31.531 OUR CONSTITUTION, PUTTING US IN COMPETITION IN THE PRIVATE 05:31.531 --> 05:32.999 MARKETPLACE. 05:32.999 --> 05:36.169 AND FIVE, ENSURE JUSTICE FOR ALL IDAHOANS. 05:36.169 --> 05:40.707 ONE OF THE PRIMARY RESPONSIBILITIES THAT I HAVE IS 05:40.707 --> 05:49.015 TO DEPEND OUR CONSTITUTION -- DEFEND OUR CONSTITUTION. 05:49.015 --> 05:53.386 IN THE -- OUR CITIZENS HAVE CHOSE INTO DEFINE MARRIAGE. 05:53.386 --> 05:56.556 IT IS MY DUTY AND MY OBLIGATION TO PRESENT THAT MATTER IN COURT 05:56.556 --> 05:59.959 AND ALLOW THE COURT TO MAKE THAT DETERMINATION. 05:59.959 --> 06:02.696 I WILL CONTINUE TO PROTECT CHILDREN AS I HAVE DONE SO IN 06:02.696 --> 06:05.498 THE PAST WITH THE PROTECT TEENS PROGRAM. 06:05.498 --> 06:10.036 IT IS MY OBLIGATION TO FULFILL MY OATH, TO UPHOLD THE 06:10.036 --> 06:10.937 CONSTITUTION. 06:10.937 --> 06:15.608 SO, I WILL -- AT THIS STAGE ASK YOU ALREADY FOR MY -- A -- YOUR 06:15.608 --> 06:16.876 VOTE ON MAY 20th. 06:16.876 --> 06:17.610 THANK YOU. 06:17.610 --> 06:18.945 >> THANK YOU, MR. WASDEN. 06:18.945 --> 06:22.315 AND IT IS NOW TIME FOR THE QUESTIONS FROM OUR REPORTER 06:22.315 --> 06:22.782 PANEL. 06:22.782 --> 06:30.323 AND OUR FIRST QUESTION GOES TO EMILEE -- 06:30.323 --> 06:34.694 >> WHAT WOULD BE YOUR TOP THREE PRIORITIES FOR ATTORNEY 06:34.694 --> 06:35.161 GENERAL? 06:35.161 --> 06:39.532 >> NUMBER ONE, I WANT TO SEE OBAMA CARE REPEALED OR 06:39.532 --> 06:41.701 OVERTURNED IN THE STATE OF IDAHO. 06:41.701 --> 06:45.805 NUMBER TWO, I WOULD LIKE TO SEE US RECLAIM OUR PUBLIC LANDS 06:45.805 --> 06:46.740 FROM THE FEDERAL GOVERNMENT. 06:46.740 --> 06:49.542 THAT WOULD BOOST IDAHO'S ECONOMY AND PROVIDE AN ENGINE 06:49.542 --> 06:53.380 FROM WHICH WE COULD NOT BE 50th IN THE COUNTRY IN PER CAPITA 06:53.380 --> 06:56.516 INCOME, BUT WE COULD HAVE TIMBER JOBS, WE COULD HAVE 06:56.516 --> 06:57.584 HIGH-PAYING JOBS. 06:57.584 --> 07:03.123 AND, NUMBER THREE, I -- I WOULD LIKE TO PUSH BACK THE EPA AND 07:03.123 --> 07:07.293 MAKE SURE THAT THE -- THAT THE EPA IS NOT HARASSING OUR 07:07.293 --> 07:10.296 CITIZENS THAT REGULATIONS ARE NOT STRANGLING OUR BUSINESSES. 07:10.296 --> 07:13.066 I THINK THOSE ARE THE THREE TOP PRIORITIES. 07:13.066 --> 07:15.402 THERE ARE MANY OTHER THINGS THAT THE ATTORNEY GENERAL'S 07:15.402 --> 07:18.038 OFFICE DOES, BUT THOSE THREE WOULD BE THE FIRST THAT I WOULD 07:18.038 --> 07:18.772 WANT TO ACCOMPLISH. 07:18.772 --> 07:22.042 >> AND THE SAME QUESTIONS FOR MR. WASDEN. 07:22.042 --> 07:25.045 >> THE TOP THREE ITEMS, ACTUALLY I'VE NAMED SOME OF 07:25.045 --> 07:25.578 THOSE. 07:25.578 --> 07:29.516 FIRST OF ALL TO DEFEND THE CONSTITUTIONAL REQUIREMENT, 07:29.516 --> 07:32.619 CONSTITUTIONAL DEFINITION OF MARRIAGE, AND, SECOND, TO 07:32.619 --> 07:34.688 CONTINUE PROTECTING OUR CHILDREN. 07:34.688 --> 07:36.089 THOSE ARE VERY IMPORTANT MATTERS. 07:36.089 --> 07:39.526 I WOULD LIKE TO ADDRESS SOME OF THE THINGS THAT HAVE BEEN 07:39.526 --> 07:43.329 RAISED WITH REGARD TO OBAMA CARE. 07:43.329 --> 07:47.067 I WAS AMONG THE ATTORNEYS GENERAL WHO WITHIN MINUTES OF 07:47.067 --> 07:50.537 THAT LEGISLATION BEING SIGNED INTO LAW, FILED A LAWSUIT IN 07:50.537 --> 07:54.908 FLORIDA CHALLENGING THE CONSTITUTIONALITY OF OBAMA 07:54.908 --> 07:55.342 CARE. 07:55.342 --> 07:58.478 WE PURSUED THAT ALL OF THE WAY THROUGH THE UNITED STATES 07:58.478 --> 07:59.112 SUPREME COURT. 07:59.112 --> 08:02.649 I HAVE IN MY POSSESSION A CARD, CARD NUMBER 13, ISSUED TO ME 08:02.649 --> 08:05.919 WHEN I WAS IN THE LAWYERS LOUNGE WHEN THAT CASE WAS BEING 08:05.919 --> 08:07.954 ARGUED BEFORE THE UNITED STATES SUPREME COURT. 08:07.954 --> 08:11.057 CERTAINLY I CANNOT SAY THAT WE GAVE UP ON THAT CASE. 08:11.057 --> 08:14.761 IT IS INTERESTING THAT THE CLAIM IS, WELL, IT SHOULD BE 08:14.761 --> 08:16.963 REPEALED OR OVERTURNED. 08:16.963 --> 08:19.232 WELL, WE LITIGATED THE ISSUE. 08:19.232 --> 08:22.702 AND I HOPE TONIGHT WE CAN TALK ABOUT THE VARIOUS ISSUES 08:22.702 --> 08:24.404 REGARDING OBAMA CARE. 08:24.404 --> 08:27.407 THE ATTORNEY GENERAL DOESN'T REPEAL OBAMA CARE. 08:27.407 --> 08:31.044 THAT'S A FUNCTION PERFORMED BY CONGRESS. 08:31.044 --> 08:33.880 SO, AS ATTORNEY GENERAL, YOU DON'T RUN FOR CONGRESS. 08:33.880 --> 08:35.248 YOU RUN FOR ATTORNEY GENERAL. 08:35.248 --> 08:37.584 IT'S IMPORTANT THAT YOU UNDERSTAND WITHIN THE CONCEPT 08:37.584 --> 08:41.621 OF LIMITED GOVERNMENT THAT YOU STAY WITHIN THE CONFINES OF 08:41.621 --> 08:48.061 WHAT THE CONSTITUTIONAL STATUTORY RESPONSIBILITIES ARE 08:48.061 --> 08:49.362 AS ATTORNEY GENERAL. 08:49.362 --> 08:50.363 >> FOLLOW UP. 08:50.363 --> 08:55.235 I WOULD FOLLOW UP WITH MR. TROUPIS OFF OF THE OBAMA 08:55.235 --> 08:56.169 CARE COMMENT. 08:56.169 --> 08:59.372 THIS IS THE LAW OF THE LAND AT THIS POINT. 08:59.372 --> 09:01.641 THE SUPREME COURT HAS MADE THE DECISION. 09:01.641 --> 09:04.944 AT WHAT POINT DO YOU NO LONGER PUSH BACK ON OBAMA CARE? 09:04.944 --> 09:08.581 AT WHAT POINT DO YOU ACCEPT THAT THAT IS THE LAW? 09:08.581 --> 09:11.184 >> I APPRECIATE YOU GIVING ME THE OPPORTUNITY TO RESPOND. 09:11.184 --> 09:12.285 I THINK I NEED TO. 09:12.285 --> 09:15.822 WHERE MY OPPONENT SAYS HE WAS ONE OF THE FIRST TO JUMP IN ON 09:15.822 --> 09:16.756 THE LAWSUIT. 09:16.756 --> 09:20.493 THE REASON HE GOT CARD NUMBER 13, THERE WERE AT LEAST 12 09:20.493 --> 09:22.696 OTHER STATES THAT ALREADY FILED THE LAWSUIT. 09:22.696 --> 09:25.965 IDAHO SIMPLY JOINED INTO THE LAWSUIT WITH THE OTHERS. 09:25.965 --> 09:29.402 THAT IS WHAT OUR PRESIDENT REFERS TO AS LEADING FROM 09:29.402 --> 09:30.236 BEHIND. 09:30.236 --> 09:33.673 ONCE THE SUPREME COURT DECIDED ON NARROW GROUNDS THAT OBAMA 09:33.673 --> 09:38.678 CARE WAS NOT AN UNCONSTITUTIONAL AS A PENALTY 09:38.678 --> 09:43.516 BUT A TAX, OUR IDAHO ATTORNEY GENERAL CEASED TO FIGHT. 09:43.516 --> 09:49.989 IDAHO HEALTH FREEDOM ACT, INCORPORATED IN THE DUTIES OF 09:49.989 --> 10:00.867 THE ATTORNEY GENERAL, ATTORNEY GENERAL OBLIGATED TO SEEK -- 10:00.867 --> 10:04.237 OUR IDAHO ATTORNEY GENERAL REJECTED THAT AND TOOK NO 10:04.237 --> 10:08.541 ACTION TO -- IN ADDITION, LAST YEAR I BROUGHT SUIT AGAINST -- 10:08.541 --> 10:11.644 I REPRESENTED A CLIENT WHO WANTED TO EXPAND OPPORTUNITIES 10:11.644 --> 10:14.714 FOR OPT OUTS TO OBAMA CARE THROUGH MEDICAL EXPENSE 10:14.714 --> 10:15.181 SHARING. 10:15.181 --> 10:17.350 THE ATTORNEY GENERAL OPPOSED THAT. 10:17.350 --> 10:20.353 THE SUPREME COURT OF IDAHO DECLARED THAT IDAHOANS SHOULD 10:20.353 --> 10:22.989 HAVE THE OPPORTUNITY FOR OPT OUTS TO OBAMA CARE. 10:22.989 --> 10:26.626 BUT TO ANSWER YOUR QUESTION SPECIFICALLY, THERE ARE 10:26.626 --> 10:29.295 CONSTITUTIONAL CHALLENGES THAT CAN STILL BE MADE TO OBAMA 10:29.295 --> 10:29.662 CARE. 10:29.662 --> 10:32.298 THERE ARE HUNDREDS OF CASES PENDING ACROSS THE COUNTRY. 10:32.298 --> 10:35.669 AND I HAVE TO COMPLIMENT THE ATTORNEY GENERAL THAT HE HAS 10:35.669 --> 10:38.938 ACTUALLY PARTICIPATED IN THE HOBBY LOBBY CASE, WHICH IS ONE 10:38.938 --> 10:42.842 OF THOSE IMPORTANT CASES, BUT APART FROM JOINING IN THOSE 10:42.842 --> 10:45.378 CASES, HE HAS NEVER INDEPENDENTLY BROUGHT ACTIONS, 10:45.378 --> 10:47.747 AND I BELIEVE THAT UNDER THE ARTICLE ONE OF THE UNITED 10:47.747 --> 10:51.751 STATES CONSTITUTION, AN ACTION CAN BE BROUGHT THAT THIS IS AN 10:51.751 --> 10:55.588 ILLEGAL, UNCONSTITUTIONAL DIRECT TAX, AND ON THOSE 10:55.588 --> 10:58.491 GROUNDS, THE OBAMA CARE CAN BE OVERTURNED. 10:58.491 --> 11:01.795 AND I STAND CORRECTED WITH RESPECT TO REPEALING A LAW AND 11:01.795 --> 11:06.866 AGREE WITH MY OPPONENT THAT THAT WAS SIMPLY A MISNOMER WHEN 11:06.866 --> 11:07.534 I SAID IT. 11:07.534 --> 11:08.702 SO, THANK YOU VERY MUCH. 11:08.702 --> 11:10.337 >> MR. WASDEN. 11:10.337 --> 11:11.271 >> THANK YOU. 11:11.271 --> 11:16.176 FIRST OF ALL, MY OPPONENT DOESN'T SEEM TO UNDERSTAND HOW 11:16.176 --> 11:17.811 YOU OBTAIN ONE OF THOSE CARDS. 11:17.811 --> 11:19.646 IT IS NOT BECAUSE WE WERE NUMBER 12. 11:19.646 --> 11:21.514 WE WERE AMONG THE VERY FIRST. 11:21.514 --> 11:24.184 WE ALL FILED SIMULTANEOUSLY. 11:24.184 --> 11:25.919 THERE WASN'T 12 STATES IN FRONT OF US. 11:25.919 --> 11:28.722 I OBTAINED THAT CARD BECAUSE I HAPPEN TO BE ADMITTED TO THE 11:28.722 --> 11:31.825 UNITED STATES SUPREME COURT BAR AND I WAS AT THE LAWYERS LOUNGE 11:31.825 --> 11:33.193 WHEN THE COURTROOM FILLED. 11:33.193 --> 11:36.930 I HAPPENED TO BE THE NUMBER 13 GUY THAT WASN'T ALLOWED INTO 11:36.930 --> 11:40.834 THE COURTROOM, AS SOMEONE WOULD LEAVE THE COURTROOM, THEY WOULD 11:40.834 --> 11:44.471 GET SOMEBODY FROM THE LAWYER'S LOUNGE AND YOU COULD GO IN AND 11:44.471 --> 11:46.206 LISTEN TO THE ARGUMENT. 11:46.206 --> 11:49.476 IT HAS NOTHING TO DO WITH 12 STATES BEING IN FRONT OF US. 11:49.476 --> 11:53.680 THE ISSUE WITH REGARD TO DIRECT APPORTIONMENT, WHICH HE HAS 11:53.680 --> 11:57.417 SPOKEN ABOUT, WAS ACTUALLY ANSWERED, IF YOU READ THE 11:57.417 --> 12:02.322 NATIONAL FEDERATION OF INDEPENDENT BUSINESSES, THE 12:02.322 --> 12:03.623 AFFORDABLE CARE ACT CASE. 12:03.623 --> 12:05.625 UNITED STATES SUPREME COURT CHIEF JUSTICE ACTUALLY 12:05.625 --> 12:08.228 ADDRESSED THAT ISSUE IN THAT CASE AND SAID -- BY THE WAY, 12:08.228 --> 12:09.896 THIS IS NOT A DIRECT TAX. 12:09.896 --> 12:12.265 AND, THEREFORE, NOT SUBJECT TO APPORTIONMENT. 12:12.265 --> 12:16.102 THAT ISSUE HAS BEEN ARGUED AND LITIGATED AND LOST. 12:16.102 --> 12:19.739 SO, THERE IS NO MORE -- NO FURTHER ACTION TO BRING IN THAT 12:19.739 --> 12:20.340 REGARD. 12:20.340 --> 12:22.976 THERE ARE TWO CASES WHO HAVE RAISED THAT ISSUE. 12:22.976 --> 12:30.350 THE ASSOCIATION OF AMERICAN PHYSICIANS VERSUS SEBELIUS, AND 12:30.350 --> 12:36.356 THE -- ASSOCIATION -- THE D.C. 12:36.356 --> 12:40.360 CIRCUIT SAID THAT THE ISSUE HAS ESSENTIALLY BEEN CONCEDED AND 12:40.360 --> 12:46.766 THE D.C. CIRCUIT AND THE CASE OF CECIL, U.S. DEPARTMENT OF 12:46.766 --> 12:51.204 HEALTH AND HUMAN SERVICES FOR ARGUMENT ON MAY 8th ON THAT 12:51.204 --> 12:52.038 ISSUE. 12:52.038 --> 12:53.006 EXCUSE ME. 12:53.006 --> 12:55.575 THOSE WERE ON ORIGINATION ISSUES. 12:55.575 --> 12:57.243 THAT WAS NOT THE APPORTIONMENT. 12:57.243 --> 13:02.148 THE APPORTIONMENT ISSUE HAS BEEN ARGUED, ADDITIONAL CASE IN 13:02.148 --> 13:06.886 WHICH THE COURT HAS SAID THAT APPORTIONMENT IS NOT NECESSARY 13:06.886 --> 13:09.222 IN THIS CASE, THAT IT IS NOT A DIRECT TAX. 13:09.222 --> 13:16.229 I DID WANT TO TALK ABOUT THE MEDICAL EXPENSE ACCOUNT CASE 13:16.229 --> 13:18.431 THAT MY OPPONENT CLAIMS THAT I OPPOSED IT. 13:18.431 --> 13:23.269 FACT OF THE MATTER IS, A STATUTORY CLIENT, AGAIN, AS I 13:23.269 --> 13:29.542 MENTIONED, LIMITED GOVERNMENT -- LEGISLATURE 13:29.542 --> 13:32.912 PASSES A LAW, ATTORNEY GENERAL YOU HAVE AN OBLIGATION TO 13:32.912 --> 13:34.080 REPRESENT THE CLIENT. 13:34.080 --> 13:36.449 CLIENT MAKES DETERMINATIONS JUST LIKE IT DOES IN A NORMAL 13:36.449 --> 13:37.650 LEGAL RELATIONSHIP. 13:37.650 --> 13:38.752 THE CLIENT CHOOSES. 13:38.752 --> 13:40.453 I DON'T CHOOSE FOR MY CLIENT. 13:40.453 --> 13:43.289 I DON'T USURP THE AUTHORITY OF MY CLIENT TO MAKE THAT CHOICE 13:43.289 --> 13:44.257 AND THAT LITIGATION. 13:44.257 --> 13:45.358 THAT IS WHAT HAPPENED. 13:45.358 --> 13:48.294 MY OBLIGATION AS THE ATTORNEY IS TO REPRESENT THAT CLIENT 13:48.294 --> 13:50.730 ZEALOUSLY IN COURT AND THAT'S PRECISELY WHAT WE DID. 13:50.730 --> 13:52.198 >> THANK YOU VERY MUCH. 13:52.198 --> 13:53.366 MOVING ON. 13:53.366 --> 13:57.971 OUR NEXT QUESTION FROM REBECCA BOONE FROM THE ASSOCIATED 13:57.971 --> 13:58.405 PRESS. 13:58.405 --> 14:01.341 >> ONE OF THE DUTIES OF THE ATTORNEY GENERAL IS ENSURE THAT 14:01.341 --> 14:04.144 STATE AGENCIES AND OFFICIALS COMPLY WITH GOVERNMENT 14:04.144 --> 14:07.681 TRANSPARENCY RULES, SPECIFICALLY OPEN MEETINGS AND 14:07.681 --> 14:08.715 OPEN RECORDS LAW. 14:08.715 --> 14:11.985 AS THE STATE CONTINUES TO PRIVATIZE GOVERNMENT FUNCTIONS, 14:11.985 --> 14:17.691 PRISONS, MEDICAID PAYMENTS, WHERE DO YOU DRAW THE LINE 14:17.691 --> 14:21.361 WHERE PUBLIC COMPANY RECORDS END AND PRIVATE -- 14:21.361 --> 14:25.265 >> THAT IS A CHALLENGING ISSUE, ONE THAT WE HAVE SEEN ACTION ON 14:25.265 --> 14:26.332 IN RECENT TIMES. 14:26.332 --> 14:28.501 THE ATTORNEY GENERAL DOESN'T SET THE STANDARD. 14:28.501 --> 14:30.603 THAT IS DETERMINED BY THE LEGISLATURE. 14:30.603 --> 14:32.806 AND EXACTLY WHAT THOSE RECORDS ARE. 14:32.806 --> 14:36.076 BUT WHAT I HAVE DONE WITH REGARD TO OPEN MEETINGS AND 14:36.076 --> 14:40.380 PUBLIC RECORDS, AS YOU KNOW, IS I HAVE SPENT A GREAT DEAL OF 14:40.380 --> 14:44.751 TIME INSTRUCTING THE MEDIA, THE LOCAL GOVERNMENT OFFICIALS, 14:44.751 --> 14:49.456 STATE GOVERNMENT OFFICIALS, AND THE PUBLIC COMMUNITY AT LARGE 14:49.456 --> 14:51.358 ABOUT THE RULES THAT WE LIVE BY. 14:51.358 --> 14:57.497 IN FACT, WE HAVE MADE 30 PRESENTATIONS OVER THE LAST 10 14:57.497 --> 15:00.033 YEARS THAT ARE THREE HOURS LONG IN ORDER TO HELP PEOPLE 15:00.033 --> 15:02.402 UNDERSTAND WHAT THOSE RULES ARE. 15:02.402 --> 15:05.872 SPECIFICALLY ADDRESSING YOUR QUESTION, THAT QUESTION HAS TO 15:05.872 --> 15:10.477 BE ANSWERED BY THE -- BY THE LEGISLATURE, AND MY VIEW OF IT 15:10.477 --> 15:13.880 IS THAT MORE OPENNESS YOU CAN HAVE, THE BETTER OFF WE ARE, 15:13.880 --> 15:17.984 HENCE MY ACTIVITY TRYING TO HELP PEOPLE UNDERSTAND OPEN 15:17.984 --> 15:20.053 MEETING AND PUBLIC RECORDS LAW. 15:20.053 --> 15:21.521 >> MR. TROUPIS. 15:21.521 --> 15:23.957 >> YES, I'M GLAD YOU ASKED THE QUESTION. 15:23.957 --> 15:26.493 THE PUBLIC INFORMATION REQUESTS -- I WAS -- I WAS 15:26.493 --> 15:29.429 TALKING WITH SOMEONE RECENTLY WHEN I WAS OUT ON THE CAMPAIGN 15:29.429 --> 15:32.899 TRAIL, AND THEY WERE TELLING ME THAT THEY HAD MADE A SIMPLE 15:32.899 --> 15:35.001 PUBLIC INFORMATIONS REQUEST FOR EMAIL RECORDS. 15:35.001 --> 15:38.371 WHAT THEY GOT BACK FROM THE DEPARTMENT WAS A STATEMENT THAT 15:38.371 --> 15:41.975 WOULD IT WOULD COST SOME $12,000 TO FIND THE EMAILS OVER 15:41.975 --> 15:43.009 A TWO-WEEK PERIOD. 15:43.009 --> 15:45.879 AND I FOUND THAT THAT IS NOT AN ISOLATED CASE. 15:45.879 --> 15:50.350 SO, IT CONCERNS ME THAT RECORDS ARE NOT BEING PRODUCED, AND, IN 15:50.350 --> 15:55.922 FACT, IF YOU SAW LAST WEEK, THE GOVERNOR APPOINTED AN OMBUDSMEN 15:55.922 --> 15:58.391 TO BE SURE THERE WOULD BE MORE RECORDS DISCLOSURE. 15:58.391 --> 16:01.461 MY CONCERN IS THAT OVER THE COURSE OF THE LAST DOZEN YEARS, 16:01.461 --> 16:04.064 THE ATTORNEY GENERAL'S OFFICE HAS A DEPUTY ATTORNEY GENERAL 16:04.064 --> 16:06.933 IN EACH OF THE EXECUTIVE BRANCHES OF GOVERNMENT AND 16:06.933 --> 16:11.204 THOSE EXECUTIVE -- THOSE DEPUTY ATTORNEY GENERALS DETERMINE 16:11.204 --> 16:13.406 WHAT GOES ON WITHIN THOSE AGENCIES. 16:13.406 --> 16:16.876 IF THE LEGISLATURE ENACTS LAWS, THOSE AGENCIES CREATE RULES AND 16:16.876 --> 16:20.613 REGULATIONS THAT ARE INTERPRETED AND IMPLEMENTED BY 16:20.613 --> 16:22.315 THE ATTORNEY GENERAL'S OFFICE. 16:22.315 --> 16:25.251 MY BELIEF IS THE ATTORNEY GENERAL'S OFFICE SHOULD BE THE 16:25.251 --> 16:28.955 WATCHDOG OVER THE AGENCIES, NOT INSIDE THE AGENCIES. 16:28.955 --> 16:32.692 AND ALTHOUGH OUR STATUTORY REQUIREMENTS NOW HAD THE 16:32.692 --> 16:37.163 ATTORNEY GENERAL WITH DEPUTIES WITHIN THE AGENCIES, I THINK 16:37.163 --> 16:41.534 IDAHO WOULD BE BETTER SERVED IS THE LEGISLATURE AND THE 16:41.534 --> 16:44.437 ATTORNEY GENERAL'S OFFICE WORKED TOGETHER, TO MAKE SURE 16:44.437 --> 16:47.007 THAT THE ATTORNEY GENERAL'S OFFICE IS THAT INDEPENDENT 16:47.007 --> 16:51.277 WATCH DOG AND I THINK WE WOULD HAVE MORE TRANSPARENCY BECAUSE 16:51.277 --> 16:54.080 WE WOULDN'T HAVE THE ATTORNEY GENERAL'S OFFICE ON BOTH SIDES. 16:54.080 --> 16:54.914 >> FOLLOW UP QUESTION. 16:54.914 --> 17:02.455 >> MR. TROUPIS, IN 2012, YOU FOUGHT IN COURT TO KEEP THE 17:02.455 --> 17:08.962 DONORS OF THE -- >> ABSOLUTELY -- YOU SAY IT WAS 17:08.962 --> 17:11.965 IN VIOLATION OF OPEN MEETINGS LAW, UNDERSTAND, I WAS 17:11.965 --> 17:14.200 REPRESENTING EDUCATION VOTERS OF IDAHO. 17:14.200 --> 17:17.137 AND IN THAT CASE, THEY SET UP AN ENTITY WHICH WAS 17:17.137 --> 17:20.573 SPECIFICALLY ALLOWED TO KEEP THEIR DONORS PRIVATE. 17:20.573 --> 17:25.412 AND, IN FACT, I BELIEVE THAT SECRETARY AND THE ATTORNEY 17:25.412 --> 17:28.248 GENERAL GOT IT WRONG BECAUSE THE UNITED STATES SUPREME COURT 17:28.248 --> 17:31.484 DECIDED IN THE WASHINGTON GAY MARRIAGE INITIATIVE CASE THAT 17:31.484 --> 17:37.424 OPPONENTS OF THE INITIATIVE DID NOT HAVE TO DISCLOSE THEIR 17:37.424 --> 17:40.360 SUPPORTERS, THAT THOSE -- THAT INFORMATION WAS PROTECTED -- IT 17:40.360 --> 17:41.895 WAS A NONPROFIT ENTITY. 17:41.895 --> 17:43.496 I BELIEVE THEY GOT IT WRONG HERE. 17:43.496 --> 17:47.167 BUT TO ANSWER YOUR QUESTION SPECIFICALLY, WE SAID WE WOULD 17:47.167 --> 17:52.639 BE HAPPY TO DISCLOSE ALL OF THOSE NAMES IF THEY WOULD 17:52.639 --> 17:55.108 PAY -- IF EVERYONE WAS TREATED THE SAME WAY. 17:55.108 --> 17:57.744 WE MADE A DEMAND ON THE ATTORNEY GENERAL AND THE 17:57.744 --> 18:01.648 SECRETARY OF STATE TO DISCLOSE, TO HAVE THE DONORS OF IEA AND 18:01.648 --> 18:10.557 THE NEA AND -- WE GOT NOTHING BUT LIP SERVICE. 18:10.557 --> 18:13.126 SO, IN OTHER WORDS, IT WAS POLITICALLY, THE CASE WAS 18:13.126 --> 18:16.830 HANDLED ON A POLITICAL BASIS, I BELIEVE. 18:16.830 --> 18:21.668 AND AS FAR AS I'M CONCERNED, WE SHOULD HAVE COMPLETELY OPEN AND 18:21.668 --> 18:23.069 TRANSPARENT ADMINISTRATIONS. 18:23.069 --> 18:26.706 I BELIEVE THE PUBLIC IS ENTITLED TO KNOW EVERYTHING 18:26.706 --> 18:27.774 THAT ITS GOVERNMENT IS DOING. 18:27.774 --> 18:31.678 AND I WOULD EASILY BE ABLE TO COMPLY WITH THAT. 18:31.678 --> 18:35.415 >> AND A FOLLOW-UP MR. WASDEN. 18:35.415 --> 18:39.686 YOU WERE -- YOUR AGENCY -- YOUR OFFICE REPRESENTED THE 18:39.686 --> 18:41.488 DEPARTMENT OF CORRECTIONS IN A FIGHT TO KEEP ACCESS TO 18:41.488 --> 18:45.792 EXECUTIONS LIMITED AND MORE SECRET, WHICH WAS A VIOLATION 18:45.792 --> 18:48.428 OF PREVIOUS CASE RULINGS BY THE 9th CIRCUIT. 18:48.428 --> 18:49.329 SAME QUESTION TO YOU. 18:49.329 --> 18:52.999 CAN YOU FAIRLY ADMINISTER OPEN RECORDS AND OPEN MEETINGS RULE? 18:52.999 --> 18:57.637 >> I THINK THAT I HAVE AN ESTABLISHED RECORD AT FAIRLY 18:57.637 --> 19:00.106 ADMINISTERING OPEN MEETING AND PUBLIC RECORDS. 19:00.106 --> 19:03.576 THE ISSUE WITH REGARD TO THE DEPARTMENT OF CORRECTIONS 19:03.576 --> 19:07.480 MATTER IS I HAVE A CLIENT, BY LAW I HAVE A CLIENT. 19:07.480 --> 19:09.549 THE CLIENT GETS TO MAKE THOSE CHOICES. 19:09.549 --> 19:12.052 IT DOESN'T MATTER WHETHER I AGREE OR DISAGREE WITH MY 19:12.052 --> 19:12.752 CLIENT. 19:12.752 --> 19:16.289 I AM OBLIGATED BY THE RULES OF ETHICS TO LITIGATE THE CASE 19:16.289 --> 19:20.560 THAT THEY CHOOSE, NOT THE ONE THAT I USURP AND CHOOSE. 19:20.560 --> 19:23.496 MY OPPONENTS DEMONSTRATES A LACK OF UNDERSTANDING ABOUT 19:23.496 --> 19:25.665 WHAT THE OFFICE OF THE ATTORNEY GENERAL DOES. 19:25.665 --> 19:29.569 BECAUSE WE DO HAVE ATTORNEYS ASSIGNED TO RESPECTIVE 19:29.569 --> 19:32.972 AGENCIES, BUT THOSE ATTORNEYS DON'T DETERMINE WHAT HAPPENS IN 19:32.972 --> 19:37.143 THOSE AGENCIES OR THE LAWYER, MEANING THAT THE AGENCY HAS THE 19:37.143 --> 19:40.680 AUTHORITY GRANTED TO THEM BY THE CONSTITUTION OR BY THE 19:40.680 --> 19:42.048 STATUTES TO MAKE DECISIONS. 19:42.048 --> 19:45.852 THE JOB OF THE LAWYER IS TO ADVISE THEM AS TO THE LEGAL 19:45.852 --> 19:47.887 MATTERS AND REPRESENT THEM IN COURT. 19:47.887 --> 19:52.158 IT IS NOT TO USURP THE AUTHORITY OF THAT ENTITY. 19:52.158 --> 19:55.428 I'M ELECTED AS THE ATTORNEY GENERAL, NOT THE INSPECTOR 19:55.428 --> 19:56.229 GENERAL. 19:56.229 --> 19:59.799 NOW THAT THE LEGISLATURE WANTS AN INSPECTOR GENERAL, THEY 19:59.799 --> 20:01.434 CERTAINLY CAN PROVIDE ONE. 20:01.434 --> 20:05.805 THAT WOULD THEN BE THE WATCHDOG OF AGENCIES. 20:05.805 --> 20:09.809 THE LAWYER'S JOB IS TO ADVISE HIS CLIENT, ALLOW THEM TO MAKE 20:09.809 --> 20:13.079 A CHOICE, AND THEN REPRESENT THAT CLIENT ZEALOUSLY WITHIN 20:13.079 --> 20:14.180 THE BOUNDS OF THE LAW. 20:14.180 --> 20:17.283 THAT'S THE ETHICAL DUTY THAT THE LAWYER HAS. 20:17.283 --> 20:18.084 >> ALL RIGHT. 20:18.084 --> 20:19.085 LET'S MOVE ON. 20:19.085 --> 20:23.023 OUR NEXT QUESTION COMES FROM DR. JIM WEATHERBY. 20:23.023 --> 20:24.090 YOUR QUESTION. 20:24.090 --> 20:27.360 >> MR. TROUPIS, MY QUESTION RELATES TO YOUR QUALIFICATIONS 20:27.360 --> 20:30.030 FOR THE OFFICE OF ATTORNEY GENERAL. 20:30.030 --> 20:33.633 DO YOU HAVE THE REQUISITE ADMINISTRATIVE EXPERIENCE TO 20:33.633 --> 20:35.902 RUN THE LARGEST LAW FIRM IN THE STATE OF IDAHO? 20:35.902 --> 20:39.372 >> YES, I BELIEVE I DO. 20:39.372 --> 20:44.744 AND TO CLARIFY, WHILE MY OPPONE 20:44.744 --> 20:47.947 OPPONENT HAS SAID THAT I DON'T UNDERSTAND WHAT THE OFFICE 20:47.947 --> 20:51.217 DOES, I VERY MUCH UNDERSTAND. 20:51.217 --> 20:54.688 COMPLEX BUSINESS LITIGATION AND OTHER LITIGATION IN FEDERAL AND 20:54.688 --> 20:56.690 STATE COURTS ALL OVER THE COUNTRY. 20:56.690 --> 20:59.793 I HAVE HANDLED MULTIPLE TEAMS OF LAWYERS IN COMPLEX BUSINESS 20:59.793 --> 21:00.994 LITIGATION AND SUPERVISED THEM. 21:00.994 --> 21:04.531 IN THIS CASE, THERE ARE DIVISION CHIEFS OF EACH OF THE 21:04.531 --> 21:07.434 PORTIONS OF THE DEPARTMENT OF THE ATTORNEY GENERAL'S OFFICE, 21:07.434 --> 21:10.003 EACH OF THOSE ARE COMPETENT PROFESSIONALS. 21:10.003 --> 21:13.807 EACH OF THOSE ARE ATTORNEYS IN THEIR OWN RIGHT WHO HAVE 21:13.807 --> 21:15.742 ADMINISTRATIVE SKILLS AND CAN MANAGE THEIR STAFF. 21:15.742 --> 21:18.878 THEY HAVE PRIMARY OVERSIGHT, AND I WOULD HAVE OVERSIGHT OVER 21:18.878 --> 21:19.346 THEM. 21:19.346 --> 21:22.916 I DON'T HAVE ANY DOUBT THAT THE ADMINISTRATIVE CHALLENGES -- 21:22.916 --> 21:26.086 THAT I COULD EASILY MEET THE ADMINISTRATIVE CHALLENGES, AND, 21:26.086 --> 21:29.756 IN FACT, I THINK MY DIVERSE EXPERIENCE IN THE PRIVATE 21:29.756 --> 21:36.463 SECTOR, IN HANDLING A MULTITUDE OF DIFFERENT KINDS OF LEGAL 21:36.463 --> 21:39.566 PROBLEMS MAKES ME UNIQUELY CAPABLE OF UNDERSTANDING AND 21:39.566 --> 21:43.103 DEALING OF EACH OF THOSE DIVISIONS AND THE SPECIFIC 21:43.103 --> 21:44.270 PROBLEMS AND DEPARTMENTS. 21:44.270 --> 21:48.908 BOOK KEEPING, OTHER -- I HAVE SYSTEMS IN PLACE AND I WOULDN'T 21:48.908 --> 21:53.046 MAKE A WHOLESALE RENOVATIONS OF ALL OF THOSE SYSTEMS. 21:53.046 --> 21:55.749 I DON'T THINK THAT IS A CHALLENGE AT ALL AND I WELCOME 21:55.749 --> 21:56.116 IT. 21:56.116 --> 21:59.886 >> CAN YOU REVISE THE QUESTION FOR MR. WASDEN, PLEASE? 21:59.886 --> 22:02.789 >> ANOTHER QUESTION, RELATED QUESTION. 22:02.789 --> 22:03.256 >> OKAY. 22:03.256 --> 22:08.795 >> MR. WASDEN, MR. TROUPIS HAS CHARGED THAT LONG-TIME SERVICE 22:08.795 --> 22:14.334 IN PUBLIC OFFICE LEADS TO A NATURAL STAGNATION, AND 22:14.334 --> 22:16.369 DISCONNECT FROM THE PEOPLE. 22:16.369 --> 22:19.706 YOU'VE BEEN THE -- YOU ARE THE LONGEST SERVING ATTORNEY 22:19.706 --> 22:21.074 GENERAL IN IDAHO HISTORY. 22:21.074 --> 22:24.377 ISN'T THAT A LEGITIMATE CONCERN? 22:24.377 --> 22:25.745 >> IN MY CASE, NO. 22:25.745 --> 22:27.647 AND THE REASON IS THIS. 22:27.647 --> 22:30.517 I'VE SPENT A GREAT DEAL OF TIME OUT ON THE ROAD ACTUALLY 22:30.517 --> 22:33.920 TALKING TO CITIZENS SO THAT I DO STAY IN CONTACT WITH THEM. 22:33.920 --> 22:37.657 IT IS IMPORTANT TO UNDERSTAND THAT IN A LIMITED GOVERNMENT, 22:37.657 --> 22:40.560 THAT YOU -- YOU STAY WITHIN THE ROLE THAT YOU HAVE AS ATTORNEY 22:40.560 --> 22:41.361 GENERAL. 22:41.361 --> 22:46.533 I DON'T THINK THAT ANYONE COULD LEGITIMATELY ARGUE THAT I JUST 22:46.533 --> 22:50.370 TOLL THE COMPANY LINE, AND THAT I AM WILLING TO STEP UP TO THE 22:50.370 --> 22:53.840 PLATE AND SAY YES, NO, AND THIS IS THE WAY THINGS OUGHT TO BE. 22:53.840 --> 22:56.476 I HAVE DONE THAT MANY TIMES IN MY CAREER. 22:56.476 --> 23:00.347 WITH REGARD TO THE EDI CASE, IT IS IMPORTANT TO UNDERSTAND WHAT 23:00.347 --> 23:03.483 HAPPENED IN THAT CASE. 23:03.483 --> 23:10.156 THAT CASE WAS BROUGHT BY THE SECRETARY OF STATE AS A 23:10.156 --> 23:11.791 STATUTORY MATTER. 23:11.791 --> 23:15.261 I REPRESENT THE SECRETARY OF STATE, AND MR. TROUPIS AND HIS 23:15.261 --> 23:16.629 CLIENT LOST IN DISTRICT COURT. 23:16.629 --> 23:19.165 IT IS NOT THAT WE, THE SECRETARY OF STATE AND THE 23:19.165 --> 23:20.700 ATTORNEY GENERAL GOT IT WRONG. 23:20.700 --> 23:24.704 WE PRESENTED IT TO A COURT AND THE COURT MADE THE DECISION. 23:24.704 --> 23:30.176 AND THERE WAS AN ATTEMPT TO REMOVE IT TO FEDERAL COURT 23:30.176 --> 23:32.812 AND -- DISMISSED AS WELL. 23:32.812 --> 23:36.649 FACT OF THE MATTER IS AS A LAWYER YOU BRING YOUR CLIENT'S 23:36.649 --> 23:39.352 CASE INTO THE COURTROOM, YOU PRESENT IT TO THE COURT. 23:39.352 --> 23:40.754 THE COURT MAKES ITS DETERMINATION. 23:40.754 --> 23:45.191 IF THERE IS A COMPLAINT, IT WOULD BE TO THE COURT, IN 23:45.191 --> 23:48.561 MR. TROUPIS'S MIND GOT IT WRONG, NOT THE ATTORNEY GENERAL 23:48.561 --> 23:49.929 AND THE SECRETARY OF STATE. 23:49.929 --> 23:53.366 YES, I DID HAVE THE ABILITY TO STEP OUT AFTER 12 YEARS OF 23:53.366 --> 23:55.835 SERVICE, TO STILL CONTINUE TO MEET WITH MY CLIENTS, WHICH I 23:55.835 --> 23:59.406 DO, TO MEET WITH THE PUBLIC, AND I AM NOT DISCONNECTED IN 23:59.406 --> 24:00.073 ANY WAY. 24:00.073 --> 24:02.942 >> JUST A BRIEF FOLLOW-UP. 24:02.942 --> 24:06.513 MR. TROUPIS, YOU TALK ABOUT YOUR COLLABORATION EXPERIENCE, 24:06.513 --> 24:11.418 BUT IN TERMS OF THE DAY-TO-DAY ADMINISTRATION, HOW MANY PEOPLE 24:11.418 --> 24:14.788 HAVE YOU SUPERVISED OR HOW LARGE IS YOUR LAW FIRM? 24:14.788 --> 24:19.626 >> I'M A SOLE PRACTITIONER. 24:19.626 --> 24:21.261 I PRACTICE ALONE. 24:21.261 --> 24:23.897 I PRACTICE WITH OTHER ATTORNEYS. 24:23.897 --> 24:27.334 I'M INVOLVED IN SOME MULTIMILLION DOLLAR LITIGATION 24:27.334 --> 24:28.168 AT PRESENT. 24:28.168 --> 24:30.704 THE CURRENT NUMBER OF ATTORNEYS ON THE TEAM EXCEEDS 20. 24:30.704 --> 24:40.013 I JUST DON'T THINK THAT -- MY OPPONENT, DID NOT SUPERVISE 112 24:40.013 --> 24:41.014 ATTORNEYS PERSONALLY. 24:41.014 --> 24:55.028 HE HAS A STAFF, A HIGHER -- HIERARCHY -- I CERTAINLY HAVE 24:55.028 --> 24:59.232 NO PROBLEM IN ADMINISTERING THE SIX DIVISION HEADS AND IN 24:59.232 --> 25:02.836 OVERSEEING THE DAY-TO-DAY OPERATIONS AND IMPORTANT CASES 25:02.836 --> 25:04.938 THAT ARE BEING HANDLED OUT OF THAT OFFICE. 25:04.938 --> 25:10.243 I WOULD LIKE TO JUST COMMENT JUST VERY BRIEFLY WHEN -- MY 25:10.243 --> 25:13.313 OPPONENT WAS TALKING ABOUT THAT EDI CASE. 25:13.313 --> 25:17.617 MY COMMENT WAS THAT THE UNITED STATES SUPREME COURT ISSUED A 25:17.617 --> 25:24.257 DECISION DIRECTLY CONTRARY TO THE DECISION ISSUED IN THE EDI 25:24.257 --> 25:24.691 CASE. 25:24.691 --> 25:27.627 HE DIDN'T GET IT WRONG. 25:27.627 --> 25:30.530 THE POSITION WAS REJECTED BY THE U.S. SUPREME COURT. 25:30.530 --> 25:34.334 >> IN TERMS OF YOUR CAREER, HOW MUCH TIME PRECISELY HAVE YOU 25:34.334 --> 25:36.369 SPENT IN THE PRIVATE SECTOR? 25:36.369 --> 25:42.876 >> I WAS IN PRIVATE PRACTICE IN A FIRM HAMILTON, CLARK, 25:42.876 --> 25:48.081 MICHAELSON, FROM 198 -- 1979, WOULD HAVE BEEN -- NO, JANUARY 25:48.081 --> 25:53.353 OF '79 OR '80 TO ABOUT -- EXCUSE ME, I GOT THAT WRONG BY 25:53.353 --> 25:54.921 A DECADE. 25:54.921 --> 25:58.491 I GRADUATED FROM LAW SCHOOL IN 1985. 25:58.491 --> 26:04.497 HARD TO PRACTICE LAW IN 1982. 26:04.497 --> 26:10.870 ACTUALLY IN 1987 TO 1989, I WAS IN PRIVATE PRACTICE WITH 26:10.870 --> 26:15.308 HAMILTON, CLARK, AND MICHAELSON IN NAMPA. 26:15.308 --> 26:16.343 >> MOVING ON. 26:16.343 --> 26:19.579 >> THIS QUESTION HAS TO DO WITH RESOURCES WITHIN THE ATTORNEY 26:19.579 --> 26:20.613 GENERAL'S OFFICE. 26:20.613 --> 26:22.248 QUESTION IS FOR BOTH OF YOU. 26:22.248 --> 26:27.887 I BELIEVE WE'RE STARTING WITH MR. -- MR. WASDEN, OKAY. 26:27.887 --> 26:30.890 TURNOVER ATTORNEY GENERAL OFFICE HAS INCREASED AS LAWYERS 26:30.890 --> 26:33.727 LEAVE STATE GOVERNMENT JOBS TO EARN SIGNIFICANTLY MORE PAY IN 26:33.727 --> 26:34.694 THE PRIVATE SECTOR. 26:34.694 --> 26:38.531 HOW DO YOU RECRUIT AND MAINTAIN WELL QUALIFIED ATTORNEYS TO 26:38.531 --> 26:39.499 WORK WITHIN YOUR OFFICE? 26:39.499 --> 26:40.166 >> THANK YOU. 26:40.166 --> 26:41.735 THIS IS A VERY SIGNIFICANT PROBLEM. 26:41.735 --> 26:44.704 IT IS NOT JUST TURNOVER INTO THE PRIVATE SECTOR IN WHICH 26:44.704 --> 26:47.540 ATTORNEYS FROM MY OFFICE CAN GO OUT AND DOUBLE THEIR SALARY 26:47.540 --> 26:48.008 OVERNIGHT. 26:48.008 --> 26:51.911 BUT ALSO THE COUNTIES CAN PAY MORE FOR THEIR LAWYERS THAN WE 26:51.911 --> 26:54.547 DO IN THE STATE OF IDAHO AT THE STATE LEVEL. 26:54.547 --> 26:58.852 AND THIS IS AN ISSUE THAT I HAVE REPEATEDLY DISCUSSED WITH 26:58.852 --> 27:01.187 THE JOINT FINANCE AND APPROPRIATIONS COMMITTEE. 27:01.187 --> 27:04.324 IN FACT, I'M THE ONE WHO BROUGHT THIS ISSUE FORWARD WITH 27:04.324 --> 27:10.663 REGARD TO THE COST OF OUTSIDE COUNSEL, SAYING THAT WE NEED TO 27:10.663 --> 27:13.700 GET CONTROL OF THAT, HOW WE DEAL WITH OUR BUDGET AND THE 27:13.700 --> 27:16.403 COSTS ASSOCIATED WITH OUTSIDE COUNSEL. 27:16.403 --> 27:18.038 I HAVE BROUGHT THIS MATTER FORWARD. 27:18.038 --> 27:20.774 HOW WE COMPETE WHEN WE TRY TO FIND PEOPLE WHO REALLY ARE 27:20.774 --> 27:22.475 DEDICATED TO PUBLIC SERVICE. 27:22.475 --> 27:25.612 THEY'RE WILLING TO TAKE A PAY CUT BECAUSE THEY -- BECAUSE 27:25.612 --> 27:29.149 THEY WANT TO DO PUBLIC SERVICE, AND WE ALSO AT THE SAME TIME 27:29.149 --> 27:34.988 HAVE TO WORK IN A WAY THAT PAYS THEM AS MUCH AS WE CAN SO THAT 27:34.988 --> 27:36.990 WE AREN'T TAKING ADVANTAGE OF THEM. 27:36.990 --> 27:41.594 IT IS VERY IMPORTANT TO MAINTAIN A CADRE OF LAWYERS WHO 27:41.594 --> 27:45.365 HAVE THE EXPERTISE NECESSARY TO HANDLE SOME OF THE MOST COMPLEX 27:45.365 --> 27:46.366 MATTERS IN THE STATE. 27:46.366 --> 27:49.869 WE HAVE A STAFF OF ABOUT 120 LAWYERS. 27:49.869 --> 27:52.272 JUST UNDER TOTAL COMPLIMENT OF 200. 27:52.272 --> 27:56.710 IT IS THE LARGEST LAW OFFICE IN THE STATE. 27:56.710 --> 28:03.116 NOT THE SAME THINGS YOU EXPERIENCED IN AN SO PRACTICE. 28:03.116 --> 28:06.653 AS A MANAGER OF ALL OF THAT, I KNOW WHAT IS GOING ON IN SOME 28:06.653 --> 28:09.189 MEASURE WITH CASES AT THE VERY LOWEST LEVEL. 28:09.189 --> 28:12.692 WE WILL HANDLE 5,000 TO 6,000 MATTERS AND PROCESS AT ANY 28:12.692 --> 28:13.493 GIVEN MOMENT. 28:13.493 --> 28:15.962 IT IS IMPOSSIBLE TO KNOW EVERYTHING ABOUT EVERYONE OF 28:15.962 --> 28:18.665 THOSE CASES ALL OF THE TIME. 28:18.665 --> 28:22.235 BUT AT THE SAME TIME I HAVE TO DEAL WITH THIS ENTIRE SPAN OF 28:22.235 --> 28:22.836 THINGS. 28:22.836 --> 28:28.408 MY OWN EXPERIENCE, I SERVED AS A -- AS A SUPERVISING DEPUTY, 28:28.408 --> 28:33.413 SERVED AS A CHIEF OF STAFF, AND ALSO AS THE ATTORNEY GENERAL. 28:33.413 --> 28:35.982 I HAVE A VERY SOUND VIEW OF WHAT EVERYONE IS DOING. 28:35.982 --> 28:38.518 WHEN I ASK SOMEBODY IN THE OFFICE TO DO SOMETHING, IT IS 28:38.518 --> 28:39.953 SOMETHING THAT I HAVE DONE BEFORE. 28:39.953 --> 28:43.523 IT IS NOT LIKE I AM ASKING THEM TO DO SOMETHING THAT I AM 28:43.523 --> 28:46.626 UNAWARE OF OR DON'T HAVE A GRASP ABOUT HOW DIFFICULT THAT 28:46.626 --> 28:47.427 MAY BE. 28:47.427 --> 28:52.165 SO, THAT'S WHAT WE TRY TO DO IS TRY TO RECRUIT PEOPLE WHO HAVE 28:52.165 --> 28:55.168 A DESIRE TO SERVE IN THE PUBLIC, AND TRY TO MAKE SURE 28:55.168 --> 28:58.538 THAT WE MAINTAIN THEIR SALARIES AS HIGH AS WE CAN. 28:58.538 --> 28:59.639 >> MR. TROUPIS. 28:59.639 --> 29:03.109 >> YES, AND I CAN APPRECIATE WHAT MY OPPONENT HAS SAID. 29:03.109 --> 29:06.279 AND I WOULD HAVE TO AGREE WITH MOST EVERYTHING THAT HE HAS 29:06.279 --> 29:06.746 SAID. 29:06.746 --> 29:09.315 ONE POINT -- A COUPLE OF POINTS THAT I WOULD DIFFER ON. 29:09.315 --> 29:14.220 ONE, YOU KNOW, I WOULD BE RECRUITING SOME PEOPLE WHO I 29:14.220 --> 29:20.060 WOULD NOT ANTICIPATE WOULD BE CAREER POLITICIANS OR HAVE A 29:20.060 --> 29:21.327 CAREER IN PUBLIC SERVICE. 29:21.327 --> 29:27.400 I THINK THERE IS AN OPPORTUNITY IN THE ATTORNEY GENERAL'S 29:27.400 --> 29:30.470 OFFICE, OFFER YOUNG LAWYERS OUT OF LAW SCHOOL THE OPPORTUNITY 29:30.470 --> 29:33.506 TO ENGAGE IN EXCITING CASES, TO GIVE US TWO TO FOUR YEARS OF 29:33.506 --> 29:36.242 THEIR TIME TO DEVOTE TO IMPORTANT ISSUES AND CASES AND 29:36.242 --> 29:39.946 THEN MOVE ON TO THE PRIVATE SECTOR OR MOVE ON TO OTHER 29:39.946 --> 29:40.413 OFFICES. 29:40.413 --> 29:43.683 AND IN THAT SENSE, I THINK THERE IS AN UNTAPPED POTENTIAL 29:43.683 --> 29:46.519 IN YOUNG LAWYERS, ESPECIALLY GIVEN THE FACT THAT MOST 29:46.519 --> 29:49.789 LAWYERS ARE HAVING A DIFFICULT TIME GETTING JOBS THESE DAYS. 29:49.789 --> 29:51.057 THE SECOND POINT IS THIS. 29:51.057 --> 29:56.262 I THINK IF YOU LOOK AT THIS JOB STRICTLY FROM THE ASPECT OF IT 29:56.262 --> 30:00.000 BEING AN ADMINISTRATOR, ADMINISTRATOR OF A LOT OF OTHER 30:00.000 --> 30:02.736 PEOPLE, YOU MISS THE FOREST FOR THE TREES. 30:02.736 --> 30:05.105 THE ATTORNEY GENERAL'S MOST IMPORTANT JOB IS THE DEFENSE OF 30:05.105 --> 30:08.908 THE CONSTITUTION, AS MY OPPONENT HAS SAID, THE DEFENSE 30:08.908 --> 30:12.712 OF IMPORTANT VALUES THAT IDAHOANS TREASURE AND CHERISH, 30:12.712 --> 30:15.982 AND THOSE VALUES THE ATTORNEY GENERAL'S OFFICE MUST BE 30:15.982 --> 30:21.721 FOCUSED UPON, AND I THINK THAT THAT IS WHY I AM UNIQUELY 30:21.721 --> 30:25.925 QUALIFIED FOR THIS JOB, BECAUSE I HAVE THE PASSION, THE 30:25.925 --> 30:29.295 COMMITMENT AND THE FOCUS ON THE IMPORTANT ISSUES AND VALUES 30:29.295 --> 30:30.764 THAT CONCERN IDAHOANS. 30:30.764 --> 30:34.034 THOSE THINGS THAT MY OPPONENT HAS GOTTEN WRONG, AND WHICH HE 30:34.034 --> 30:37.470 HAS BEEN DISCONNECTED FROM THE PUBLIC. 30:37.470 --> 30:38.672 THINGS LIKE THE EPA. 30:38.672 --> 30:43.209 WHEN A FAMILY UP NORTH ASKED HIM TO INTERVENE IN A CASE 30:43.209 --> 30:47.747 WHERE THE EPA WAS HARASSING THEM, AND HE REFUSED EVEN 30:47.747 --> 30:50.583 THOUGH 18 LEGISLATORS ASKED HIM TO DO SO. 30:50.583 --> 30:53.853 LAND BOARD, COMPETITION WITH PRIVATE INDUSTRY. 30:53.853 --> 30:58.091 THOSE THINGS I THINK SHOW THAT WE'VE LOST THE FOREST FOR THE 30:58.091 --> 31:01.361 TREES AND WE NEED TO REFOCUS THE ATTORNEY GENERAL'S OFFICE. 31:01.361 --> 31:02.896 >> AND MOVING ON. 31:02.896 --> 31:06.633 NEXT QUESTION FROM REBECCA BOONE, PLEASE DIRECT YOUR 31:06.633 --> 31:07.867 QUESTION TO MR. TROUPIS. 31:07.867 --> 31:12.539 >> YOU'VE IDENTIFIED YOURSELF -- TEA PARTY 31:12.539 --> 31:16.276 CANDIDATE, BEING SEEN AS ALIGNED WITH A SPECIFIC GROUP 31:16.276 --> 31:19.612 CAN SOMETIMES ALIENATE LAWMAKERS WHO ARE NOT MEMBERS 31:19.612 --> 31:23.016 OF THAT GROUP AND TRUST IS AN ESSENTIAL INGREDIENT TO A 31:23.016 --> 31:24.884 HEALTHY ATTORNEY CLIENT RELATIONSHIP. 31:24.884 --> 31:28.455 CAN YOU EFFECTIVELY REPRESENT THE ENTIRE LEGISLATURE AND THE 31:28.455 --> 31:30.357 NUANCES THAT ARE PRESENT IN EACH AGENCY? 31:30.357 --> 31:34.194 >> YOU KNOW, I HAVE TO SAY THIS ABOUT YOUR QUESTION. 31:34.194 --> 31:38.298 I CERTAINLY AM -- I THINK THE TEA PARTY HAS ADOPTED ME 31:38.298 --> 31:42.769 BECAUSE I HAVE THE SAME VALUES THAT THEY DO, BUT I DON'T VIEW 31:42.769 --> 31:45.105 MYSELF AS A TEA PARTY CANDIDATE. 31:45.105 --> 31:51.311 IN FACT, I VIEW MYSELF AS A MAINSTREAM CANDIDATE. 31:51.311 --> 31:55.949 THE -- TAGGED BY MY OPPONENT AS BEING A FRINGED MEMBER OF THE 31:55.949 --> 31:59.786 PARTY, ARE THE VIEWS THE ENTIRE REPUBLICAN LEGISLATURE HAS 31:59.786 --> 32:03.890 AGREED WITH, TAKING BACK OUR FEDERAL LANDS FOR THE STATE OF 32:03.890 --> 32:04.424 IDAHO. 32:04.424 --> 32:07.894 HOUSE RESOLUTIONS 21 AND 22 PASSED BY A MAJORITY, ALMOST 32:07.894 --> 32:10.697 EVERY REPUBLICAN VOTED FOR THOSE BILLS. 32:10.697 --> 32:15.235 AND IN ADDITION, THE STATE AND NATIONAL REPUBLICAN PARTY 32:15.235 --> 32:16.269 OVERWHELMINGLY AGREED. 32:16.269 --> 32:19.706 MY OTHER VIEWS ABOUT PUSHING BACK THE EPA, ABOUT THE LAND 32:19.706 --> 32:22.742 BOARD NOT COMPETING WITH PRIVATE BUSINESS, THOSE ARE ALL 32:22.742 --> 32:26.346 MAIN STREAM ISSUES, AND AS A PRACTICAL MATTER, I HAVE DONE 32:26.346 --> 32:27.914 WORK WITH THE LEGISLATURE FOR MANY YEARS. 32:27.914 --> 32:31.284 I HAVE PROVIDED THEM MY ASSISTANCE AND LEGAL ADVICE ON 32:31.284 --> 32:32.352 A NUMBER OF ISSUES. 32:32.352 --> 32:36.923 I HAVE GOOD RELATIONSHIPS WITH MANY LEGISLATORS, AND I'M A LOT 32:36.923 --> 32:39.826 MORE OPEN-MINDED THAN YOU MIGHT THINK. 32:39.826 --> 32:45.031 I HAVE HANDLED CASES -- I DID HANDLE THE CLOSED PRIMARY CASE. 32:45.031 --> 32:48.468 I REPRESENTED RALPH NADER IN GETTING THE INDEPENDENT 32:48.468 --> 32:50.370 CANDIDATES ON THE BALLOT IN IDAHO. 32:50.370 --> 32:54.207 I HAVE REPRESENTED PEOPLE OF EVERY WALK OF LIFE AND EVERY 32:54.207 --> 32:55.208 INTEREST GROUP. 32:55.208 --> 32:58.778 AND I WOULD ENSURE THAT THE CONSTITUTION AND THE STATUTES 32:58.778 --> 33:02.082 OF IDAHO ARE EQUALLY APPLIED FOR EVERY PERSON. 33:02.082 --> 33:06.086 AND I KNOW THAT I COULD WORK EFFECTIVELY WITH OUR ENTIRE 33:06.086 --> 33:06.720 LEGISLATURE. 33:06.720 --> 33:10.423 AND THAT'S DEMOCRATS AS WELL AS THE REPUBLICANS. 33:10.423 --> 33:12.726 >> RELATED QUESTION. 33:12.726 --> 33:15.695 YOU HAVE HAD A SOMETIMES ROCKY RELATIONSHIP WITH SOME MEMBERS 33:15.695 --> 33:21.334 OF THE LEGISLATURE, THE TEA PARTY -- LAWMAKERS, AND SOME OF 33:21.334 --> 33:25.438 THAT HAS BEEN WHEN YOUR OFFICE HAS ISSUED OPINIONS SAYING THAT 33:25.438 --> 33:28.074 CERTAIN PIECES OF PROPOSED LEGISLATION WOULDN'T 33:28.074 --> 33:31.644 NECESSARILY APPEAR TO PASS CONSTITUTIONAL MUSTER. 33:31.644 --> 33:34.647 WITH THAT TENSION, CAN YOU STILL EFFECTIVELY REPRESENT THE 33:34.647 --> 33:36.016 WHOLE OF THE LEGISLATURE? 33:36.016 --> 33:36.983 >> ABSOLUTELY. 33:36.983 --> 33:41.121 I'VE DONE IT FOR 12 YEARS. 33:41.121 --> 33:45.458 THE QUESTION REALLY IS DO I HAVE THE COURAGE AS THE 33:45.458 --> 33:49.129 ATTORNEY GENERAL TO TELL PEOPLE THE THINGS THEY NEED TO KNOW, 33:49.129 --> 33:52.098 RATHER THAN JUST THE RHETORIC THAT THEY WANT TO HEAR. 33:52.098 --> 33:55.935 AND I THINK THAT IS REALLY IMPORTANT. 33:55.935 --> 33:58.705 THE FACT AS THE ATTORNEY GENERAL YOU'RE CALLED UPON BY 33:58.705 --> 34:02.409 LAW TO ANSWER LEGAL QUESTIONS, NOT POLICY QUESTIONS. 34:02.409 --> 34:07.580 NOT IS THIS GOOD LEGISLATION OR IS THIS BAD LEGISLATION, BUT 34:07.580 --> 34:11.584 INSTEAD RENDER A LEGAL OPINION DOES THIS MEET CONSTITUTIONAL 34:11.584 --> 34:13.053 MUSTER OR DOES IT NOT? 34:13.053 --> 34:16.156 SOMETIMES YOU HAVE TO LOOK INTO A CRYSTAL BALL AND TRY TO 34:16.156 --> 34:18.992 PREDICT WHAT THE COURT WILL ULTIMATELY SAY, BUT YOUR DUTY 34:18.992 --> 34:21.695 IS TO MAKE THAT CALL AS OBJECTIVELY AS YOU CAN. 34:21.695 --> 34:24.531 THAT'S THE BEST ADVICE YOU CAN OFFER YOUR CLIENT, WHETHER THEY 34:24.531 --> 34:26.499 LIKE IT OR WHETHER THEY DISLIKE IT. 34:26.499 --> 34:29.903 WHAT IT DOES WHEN YOU PERFORM THAT FUNCTION, IS IT INFORMS 34:29.903 --> 34:34.274 THEM IN A WAY THAT THEY CAN MAKE A LEGITIMATE AND 34:34.274 --> 34:36.509 MEANINGFUL DECISION BASED UPON THAT ADVICE. 34:36.509 --> 34:38.745 IT IS REALLY IMPORTANT THAT YOU DO THAT. 34:38.745 --> 34:43.917 SOME OF THE ISSUES WITH REGARD TO THE CASE UP NORTH, MY 34:43.917 --> 34:50.123 OPPONENT SAYS THAT I REFUSED TO -- 18 LEGISLATORS ASKED ME, 34:50.123 --> 34:53.626 PROBLEM WAS THE 18 LEGISLATORS DIDN'T ASK UNTIL THE PERIOD HAD 34:53.626 --> 34:55.028 CLOSED TO ENTER THE CASE. 34:55.028 --> 34:58.865 IN FACT, WE CONSIDERED THAT MATTER, AND I -- AND I DID TALK 34:58.865 --> 35:01.468 TO MY CLIENT AND MY CLIENT ASKED ME NOT TO SIGN ON. 35:01.468 --> 35:04.771 AND AS A LAWYER, YOU HAVE AN ETHICAL DUTY TO ACTUALLY TALK 35:04.771 --> 35:06.673 TO YOUR CLIENT ABOUT THOSE KINDS OF THINGS. 35:06.673 --> 35:12.879 AND IN ADDITION TO THAT, WE CONSIDERED WHAT WAS THE PROPER 35:12.879 --> 35:16.349 LEGAL ISSUE, THE STATE DEFENSIBLE ISSUE IN THAT CASE, 35:16.349 --> 35:17.517 AND THERE WASN'T ONE. 35:17.517 --> 35:26.593 BECAUSE WE LIVE IN A SOCIETY OF DUEL SOVEREIGNS -- EACH CAN 35:26.593 --> 35:27.894 ENFORCE THEIR OWN LAWS. 35:27.894 --> 35:34.801 I DISAGREE WITH WHAT THE EPA DID BECAUSE THEY WERE WAY 35:34.801 --> 35:35.802 OVERREACHING. 35:35.802 --> 35:38.004 THERE WASN'T A STATE LEGALLY PROTECTED INTEREST IN THAT 35:38.004 --> 35:38.438 CASE. 35:38.438 --> 35:41.641 THAT IS THE REASON -- THE -- NOT A STATE DEFENSIBLE ISSUE. 35:41.641 --> 35:44.544 WITH REGARD TO THE LAND BOARD, IF YOU PICK UP THE IDAHO 35:44.544 --> 35:50.350 CONSTITUTION AND YOU READ IT, ARTICLE 9 SECTION 8, IT SAYS 35:50.350 --> 35:56.923 THAT THE LAND BOARD IS TO OBTAIN THE MAXIMUM LONG-TERM 35:56.923 --> 36:00.126 FINANCIAL RETURN FROM CERTAIN ENDOWMENT LANDS IN ORDER TO 36:00.126 --> 36:03.029 BENEFIT SCHOOLS AND OTHER BENEFICIARIES. 36:03.029 --> 36:06.599 IF YOU READ THAT LANGUAGE AND READ THE CASE LAW THAT OUR OWN 36:06.599 --> 36:10.203 IDAHO SUPREME COURT ISSUED, IT SAID LAND BOARD YOU ARE IN 36:10.203 --> 36:10.670 BUSINESS. 36:10.670 --> 36:13.473 YOU ARE THE BUSINESS MANAGERS OF THE STATE'S LAND BUSINESS. 36:13.473 --> 36:16.309 YOUR JOB IS TO GO OUT IN THE PRIVATE MARKETPLACE AND TO MAKE 36:16.309 --> 36:20.146 AS MUCH MONEY AS YOU CAN FOR SCHOOLS. 36:20.146 --> 36:23.950 NOW, THAT MEANS THAT, FOR EXAMPLE, WE OWN FOREST LAND. 36:23.950 --> 36:28.054 WE'RE COMPETING WITH OTHER FOREST LAND HOLDERS. 36:28.054 --> 36:32.325 WE'RE COMPETING WITH -- WITH OTHERS. 36:32.325 --> 36:36.329 WE HAVE -- WE'RE COMPETING WITH OTHER COTTAGE SITE HOLDERS. 36:36.329 --> 36:39.699 YOU CANNOT ESCAPE THE RESPONSIBILITY THAT YOU HAVE AS 36:39.699 --> 36:47.173 A LAND BOARD MEMBER TO PERFORM THE FIDUCIARY DUTY TO THE 36:47.173 --> 36:48.341 SCHOOL CHILDREN. 36:48.341 --> 36:51.978 MAKE AS MUCH MONEY AS YOU CAN ON THEIR BEHALF. 36:51.978 --> 36:57.684 CONSTITUTION THAT I TOOK AN OATH TO UPHOLD, SAYS YOU ARE 36:57.684 --> 37:01.955 RESPONSIBLE FOR MAKING AS MUCH MONEY AS YOU CAN FOR THE SCHOOL 37:01.955 --> 37:02.489 CHILDREN. 37:02.489 --> 37:05.225 IT IS IMPORTANT TO FULFILL THE OBLIGATION UNDER THE 37:05.225 --> 37:05.859 CONSTITUTION. 37:05.859 --> 37:11.064 >> I KNOW THIS QUESTION HAS A LOT TO DO WITH WHAT THEY JUST 37:11.064 --> 37:11.598 ANSWERED. 37:11.598 --> 37:22.042 >> MR. WAZ -- GOP IS A BATTLE, A FIGHT FOR THE HEART AND SOUL 37:22.042 --> 37:23.209 OF THE REPUBLICAN PARTY. 37:23.209 --> 37:32.152 ARE YOU OUT THERE ON THE FAR EDGE OR ARE YOU RATIONAL? 37:32.152 --> 37:37.223 CAN YOU CALLING MR. TROUPIS AN EXTREMIST? 37:37.223 --> 37:42.262 >> MY HIGH SCHOOL ENGLISH TEACHER SAID IF YOU WANT TO BE 37:42.262 --> 37:44.597 TERRIFIC, YOU HAVE TO BE SPECIFIC. 37:44.597 --> 37:46.066 I DIDN'T USE THE WORD FRINGE. 37:46.066 --> 37:49.869 THAT WAS THE LEWISTON TRIBUNE THAT MY OPPONENT QUOTES. 37:49.869 --> 37:53.106 I -- I DID SAY EXACTLY WHAT YOU SAID. 37:53.106 --> 37:59.379 THAT IS, THIS IS, IN FACT, A FIGHT FOR THE HEART AND SOUL OF 37:59.379 --> 38:01.047 THE REPUBLICAN PARTY. 38:01.047 --> 38:05.218 TWO FACTIONS, AND TO -- AND THERE ARE SOME MAIN STREAM 38:05.218 --> 38:08.188 RATIONALE FOLKS AND THERE ARE FOLKS ON THE EDGE, AND THAT IS 38:08.188 --> 38:09.222 JUST HOW IT IS. 38:09.222 --> 38:14.060 SO, I DO HOPE THAT THE RATIONALE THOUGHT COMES 38:14.060 --> 38:14.761 THROUGH. 38:14.761 --> 38:17.397 SO, THAT IS EXACTLY WHAT IS HAPPENING IN THIS ELECTION. 38:17.397 --> 38:21.601 AND DO NOT IN ANY WAY BACK AWAY FROM MY STATEMENT THAT THAT IS 38:21.601 --> 38:26.406 THE CONTEXT IN WHICH THIS ELECTION IS OCCURRING. 38:26.406 --> 38:29.476 >> LET ME FOLLOW-UP, MR. TROUPIS, IN TERMS OF WHERE 38:29.476 --> 38:41.688 WE LOCATE YOU ON THE IDEA IDEAOLOGICAL SPECTRUM -- A 38:41.688 --> 38:46.993 COUPLE OF COMMENTS -- WHEN HE SAID HE DID NOT INTERVENE 38:46.993 --> 38:52.165 BECAUSE IT WAS TOO LATE, IN THE LETTER THAT HE WROTE APRIL OF 38:52.165 --> 38:55.168 2012, HE IDENTIFIED THE CLIENT AS THE DEPARTMENT OF WATER 38:55.168 --> 38:55.702 RESOURCES. 38:55.702 --> 38:57.203 THEY DECIDED NOT TO INTERVENE. 38:57.203 --> 38:58.538 THEY LOOKED AT THE CASE. 38:58.538 --> 39:02.275 UPPED HIS DUTIES, SUBSECTION 15 OF THE ATTORNEY GENERAL'S 39:02.275 --> 39:05.945 DUTIES, HE IS TO PROTECT AND PRESERVE THE RIGHTS AND 39:05.945 --> 39:08.481 PROPERTY OF IDAHO RESIDENTS. 39:08.481 --> 39:11.484 HE COULD HAVE INTERVENED. 39:11.484 --> 39:12.852 13 OTHER STATES DID. 39:12.852 --> 39:16.489 UNITED STATES SUPREME COURT DECIDED 9-0 THAT THEIR RIGHTS 39:16.489 --> 39:17.290 WERE INFRINGED. 39:17.290 --> 39:20.126 THAT IS THE DISCONNECT BETWEEN THE PEOPLE AND THE ATTORNEY 39:20.126 --> 39:21.294 GENERAL'S OFFICE. 39:21.294 --> 39:23.763 THEY THINK THEY'RE REPRESENTING THE GOVERNMENT INSTEAD OF 39:23.763 --> 39:25.565 REPRESENTING THE PEOPLE. 39:25.565 --> 39:28.501 THE SECOND PART IS -- ON THE LAND BOARD. 39:28.501 --> 39:33.406 HE SAID -- AND I AGREE, THE CONSTITUTION SAYS THE MAXIMUM 39:33.406 --> 39:34.341 FINANCIAL RETURN. 39:34.341 --> 39:37.677 BUT SELLING TIMBER IS SPECIFICALLY AUTHORIZED UNDER 39:37.677 --> 39:41.147 THE IDAHO CONSTITUTION, BUT COMPETING WITH PRIVATE 39:41.147 --> 39:42.782 BUSINESSES IS NOT. 39:42.782 --> 39:46.052 AND 1962 SUPREME COURT CASE ON THAT POINT. 39:46.052 --> 39:50.223 SO, IN SAYING I'M IN THE MAINSTREAM, I BELIEVE THAT -- 39:50.223 --> 39:54.894 AND MY VIEWS ON TAKING BACK FEDERAL LANDS ARE MAINSTREAM, 39:54.894 --> 39:58.698 AND I BELIEVE THAT EACH AND EVERYONE OF THE POSITIONS I 39:58.698 --> 40:02.535 HAVE TAKEN, IN LINE WITH NOT ONLY THE REPUBLICAN PARTY MAIN 40:02.535 --> 40:07.807 STREAM, BUT IN LINE OF THE VIEWS OF MOST AVERAGE IDAHOANS. 40:07.807 --> 40:14.247 >> A QUICK FOLLOW-UP. 40:14.247 --> 40:18.451 IF IN WASDEN -- >> ABSOLUTELY. 40:18.451 --> 40:19.552 I AM A REPUBLICAN. 40:19.552 --> 40:24.924 I BELIEVE IN REPUBLICAN VALUES, THE REPUBLICAN PARTY 40:24.924 --> 40:29.929 PLATFORM -- YES, IF HE WINS, IF HE DOES, I WILL SUPPORT HIM. 40:29.929 --> 40:32.032 >> WOULD YOU SUPPORT MR. TROUPIS? 40:32.032 --> 40:35.135 >> I CERTAINLY SUPPORT ALL REPUBLICAN CANDIDATES IN THE 40:35.135 --> 40:36.002 GENERAL ELECTION. 40:36.002 --> 40:39.272 >> DID YOU HAVE A FOLLOW-UP ON THE LAND BOARD? 40:39.272 --> 40:39.839 >> SURE. 40:39.839 --> 40:42.275 YOU BOTH TALKED ABOUT THE LAND BOARD QUITE A BIT. 40:42.275 --> 40:48.114 WE WILL SKIP TO THIS QUESTION NOW. 40:48.114 --> 40:51.918 MR. TROUPIS, YOU SAID THAT THE STATE SHOULDN'T COMPETE WITH 40:51.918 --> 40:55.955 COMMERCIAL DEVELOPMENT AND HOW CAN THE LAND BOARD UPHOLD THAT 40:55.955 --> 40:59.492 CONSTITUTIONAL DUTY TO MAXIMIZE ITS FINANCIAL RETURNS BUT NOT 40:59.492 --> 41:02.062 BE IN COMPETITION WITH PRIVATE BUSINESS? 41:02.062 --> 41:05.265 >> IT TURNS OUT THAT, AS I SAID, THE CONSTITUTION, IN 41:05.265 --> 41:10.170 SECTION 8, ARTICLE 9, SPECIFICALLY ALLOWS THE LAND 41:10.170 --> 41:11.338 BOARD TO SELL TIMBER. 41:11.338 --> 41:15.175 AND, IN FACT, IF YOU LOOK AT THE STATISTICS, WHILE MOST 41:15.175 --> 41:18.645 STATES LOSE MONEY ON PUBLIC LANDS -- STATES OF IDAHO, 41:18.645 --> 41:21.715 WYOMING, AND I BELIEVE WASHINGTON, ACTUALLY COUNTERED 41:21.715 --> 41:26.353 FOR 73% OF THE PROFITS ON MANAGEMENT OF PUBLIC LANDS AND 41:26.353 --> 41:30.123 66% OF THE REVENUES AND THAT'S BECAUSE OF THE TIMBERLANDS THEY 41:30.123 --> 41:30.557 HELD. 41:30.557 --> 41:34.027 IN FACT, WHAT WE FOUND IF YOU LOOK AT THE ACCOUNTING OF THE 41:34.027 --> 41:37.297 LAND BOARD, THEY ACTUALLY EITHER LOST MONEY OR MADE VERY 41:37.297 --> 41:41.267 LITTLE MONEY ON THE RESIDENTIAL INVESTMENTS, RESIDENTIAL 41:41.267 --> 41:43.737 PROPERTY INVESTMENTS AND COMMERCIAL INVESTMENTS. 41:43.737 --> 41:47.307 IN TIMBER, THEY CAN MAKE 6 TO 8% RETURN, WHICH I BELIEVE 41:47.307 --> 41:50.744 WOULD INCREASE THE AMOUNT OF FUNDS THAT WOULD BE AVAILABLE 41:50.744 --> 41:51.678 FOR THE PUBLIC SCHOOLS. 41:51.678 --> 41:54.748 IN ADDITION, WHEN YOU TALK ABOUT THE MAXIMUM FINANCIAL 41:54.748 --> 41:58.952 RETURN, IT MUST BE IN LINE WITH THE FIDUCIARY DUTIES OF THE 41:58.952 --> 41:59.786 LAND BOARD. 41:59.786 --> 42:02.222 THIS LAND BOARD, TRYING TO REACH THAT GOAL, ONE TIME 42:02.222 --> 42:07.060 INVESTED IN THE STOCK MARKET AND I BELIEVE LOST OVER $300 42:07.060 --> 42:07.694 MILLION. 42:07.694 --> 42:11.431 WELL, IT IS A RISKY INVESTMENT, AND SOMETIMES COMMERCIAL 42:11.431 --> 42:14.868 VENTURES ARE VERY RISKY INVESTMENTS, WHEREAS TIMBER IS 42:14.868 --> 42:18.705 A SUSTAINABLE, RENEWABLE RESOURCE THAT THE CONSTITUTION 42:18.705 --> 42:19.706 SPECIFICALLY AUTHORIZED. 42:19.706 --> 42:22.542 MY INTERPRETATION OF THE CONSTITUTION, THAT PROVISION 42:22.542 --> 42:26.546 WOULD ALLOW THE LAND BOARD TO INVEST IN TIMBER PROPERTIES TO 42:26.546 --> 42:29.616 EXCHANGE OUT THE RESIDENTIAL REAL ESTATE AND COMMERCIAL 42:29.616 --> 42:32.986 PROPERTIES AND GRAZING LANDS AND RETAIN THE TIMBER 42:32.986 --> 42:36.089 PROPERTIES AND ACQUIRE MORE TIMBER PROPERTIES BY EXCHANGES 42:36.089 --> 42:39.392 AND THAT WOULD MAXIMIZE THE FINANCIAL RETURN AND FULFILL 42:39.392 --> 42:41.294 THE FIDUCIARY DUTIES. 42:41.294 --> 42:44.898 IT WOULD ALSO RETURN TAXABLE PROPERTIES TO THE TAX ROLLS IN 42:44.898 --> 42:48.535 THOSE COUNTIES WITH THE LAKEFRONT PROPERTIES, AND THAT 42:48.535 --> 42:52.739 WOULD BE A WIN, WIN, WIN, FOR THE COUNTIES, THE SCHOOLS, AND 42:52.739 --> 42:54.674 THE LAND BOARD. 42:54.674 --> 42:59.079 >> MR. WASDEN, YOU SUED THE LAND BOARD FOR YOUR FEELING 42:59.079 --> 43:02.148 THAT THEY WERE NOT MEETING THE CONSTITUTIONAL RESPONSIBILITY. 43:02.148 --> 43:05.218 HOW CAN YOU BE A MEMBER OF THE LAND BOARD THAT YOU HAVE SUED 43:05.218 --> 43:07.153 AND IS THERE A CONFLICT OF INTEREST THERE? 43:07.153 --> 43:11.991 >> THIS IS, IN FACT, NO THE -- NOT A CONFLICT OF INTEREST. 43:11.991 --> 43:15.528 THE REASON THERE IS NOT A CONFLICT, THE CONSTITUTION SAYS 43:15.528 --> 43:16.730 THERE IS NOT A CONFLICT. 43:16.730 --> 43:20.367 I AM A MEMBER OF THE LAND BOARD BECAUSE THE CONSTITUTION SAYS 43:20.367 --> 43:22.736 I'M A MEMBER OF THE LAND BOARD. 43:22.736 --> 43:25.905 I WEAR A UNIQUE HAT AS THE ATTORNEY GENERAL. 43:25.905 --> 43:29.175 BECAUSE THE ENDOWMENT IS A PUBLIC TRUST, ATTORNEY GENERAL 43:29.175 --> 43:32.012 VERY UNIQUELY IN THE STATE BY LAW IS TO ENFORCE THE 43:32.012 --> 43:35.081 REQUIREMENTS OF BOTH PUBLIC AND PRIVATE TRUSTS. 43:35.081 --> 43:37.717 SO THE ATTORNEY GENERAL HAS A NUMBER OF HATS TO WEAR. 43:37.717 --> 43:39.519 BUT IT IS NOT BY CHOICE. 43:39.519 --> 43:44.024 IT'S BECAUSE THAT IS WHAT THE CONSTITUTION AND THE LAWS SAY. 43:44.024 --> 43:47.727 IF YOU ASK FROM A TECHNICAL PERSPECTIVE, A LEGAL 43:47.727 --> 43:50.263 PERSPECTIVE, IS THERE A CONFLICT, THE ANSWER IS NO. 43:50.263 --> 43:53.767 THE LAW SAYS THERE IS NOT A CONFLI 43:53.767 --> 43:54.300 CONFLICT. 43:54.300 --> 43:57.003 IS IT DIFFICULT TO GO INTO A LAND BOARD MEETING WHEN YOU SEE 43:57.003 --> 43:59.706 THE OTHER PEOPLE ON THE LAND BOARD? 43:59.706 --> 44:02.142 THE ANSWER, YEAH, THAT'S PRETTY TOUGH. 44:02.142 --> 44:05.979 IN THAT INSTANCE, IDAHO SUPREME COURT, NOT ONLY WAS IT MY 44:05.979 --> 44:10.250 OBLIGATION TO DO SO, MY DUTY TO BRING THAT LAWSUIT TO REQUIRE 44:10.250 --> 44:14.721 THE LAND BOARD TO FULFILL THE FIDUCIARY DUTY TO THE SCHOOL 44:14.721 --> 44:15.321 CHILDREN. 44:15.321 --> 44:19.359 THERE ARE A NUMBER OF THINGS THAT FLOW INTO THE FIDUCIARY 44:19.359 --> 44:19.959 RESPONSIBILITY. 44:19.959 --> 44:21.861 YOU HAVE TO BE A PRUDENT INVESTOR. 44:21.861 --> 44:22.896 THAT IS BY STATUTE. 44:22.896 --> 44:25.865 THAT MEANS YOU HAVE TO DO WHAT PRUDENT INVESTORS DO. 44:25.865 --> 44:29.235 YOU CAN'T PUT ALL OF YOUR EGGS IN THE TIMBER BASKET. 44:29.235 --> 44:32.539 IT IS TRUE THAT WE PRODUCED A MAJORITY OF OUR MONEY FROM A 44:32.539 --> 44:35.709 TIMBER BASKET, BUT WHAT HAPPENED IN 2008 WHEN HOME 44:35.709 --> 44:37.344 SALES WENT DOWN. 44:37.344 --> 44:39.179 AND OUR TIMBER SALES WENT DOWN. 44:39.179 --> 44:42.015 OUR REVENUES WENT INTO THE DUMPER, TOO. 44:42.015 --> 44:45.919 YOU CAN'T JUST PUT ALL OF YOUR EGGS IN THAT ONE BASKET. 44:45.919 --> 44:49.556 THE LAW SAYS YOU HAVE TO ACT AS A PRUDENT INVESTOR, WHICH 44:49.556 --> 44:51.291 INCLUDES DIVERSIFICATION. 44:51.291 --> 44:56.196 NOW, IF YOU TAKE A LOOK AT OUR TIMBER HOLDINGS, WE HAVE ABOUT 44:56.196 --> 45:01.501 800,000 ACRES ARE SO OF TIMBERLANDS, AND OUR CASH ON 45:01.501 --> 45:05.205 CASH RETURN IN THE LAST FIVE YEARS ON AVERAGE WAS 3%. 45:05.205 --> 45:10.977 NOW, CASH ON CASH RETURN ON GRAZING LAND, OF WHICH WE HAVE 45:10.977 --> 45:16.783 ABOUT 1.7, 1.8 ACRES, WAS 0.04%. 45:16.783 --> 45:21.254 NOW, YOU HAVE TO SAY WHERE CAN I INVEST MY MONEY THAT'S GOING 45:21.254 --> 45:22.689 TO MAKE A RETURN? 45:22.689 --> 45:26.860 AND TIMBERLANDS CERTAINLY BETTER THAN GRAZING LAND. 45:26.860 --> 45:30.864 ARE THERE OTHER THINGS THAT WILL MAKE MORE MONEY THAN 45:30.864 --> 45:31.531 TIMBERLAND? 45:31.531 --> 45:37.504 THE CONSTITUTION DOESN'T SAY TO GO OUT AND BUY COMMERCIAL 45:37.504 --> 45:38.071 PROPERTY. 45:38.071 --> 45:40.707 WHAT IT SAYS IS TAKE YOUR MONEY, INVEST IT IN A WAY THAT 45:40.707 --> 45:42.709 WILL MAKE THE MOST AMOUNT. 45:42.709 --> 45:46.813 BUY THOSE LANDS THAT ARE GOING TO RETURN THE GREATEST AMOUNT 45:46.813 --> 45:49.115 OF MONEY TO YOU. 45:49.115 --> 45:50.517 >> WRAP UP THE COMMENTS. 45:50.517 --> 45:51.084 >> SURE. 45:51.084 --> 45:52.118 THAT IS THE OBLIGATION. 45:52.118 --> 45:57.323 THAT IS THE FID DUUCIARY RESPONSIBILITY. 45:57.323 --> 45:59.859 GO OUT AND MAKE AS MUCH MONEY AS YOU CAN. 45:59.859 --> 46:02.929 IT IS NOT TO SAY WE ARE NOT GOING TO COMPETE WITH THE 46:02.929 --> 46:05.331 PRIVATE SECTOR. 46:05.331 --> 46:08.668 BY DEFINITION, YOU HAVE TO COMPETE WITH THE PRIVATE 46:08.668 --> 46:14.607 SECTOR -- THAT IS THE -- >> WE WILL SKIP TO REBECCA 46:14.607 --> 46:15.141 BOONE. 46:15.141 --> 46:16.776 NEXT QUESTION TO MR. TROUPIS. 46:16.776 --> 46:20.980 >> IDAHO IS CURRENTLY A DEFENDANT IN A LAWSUIT OVER GAY 46:20.980 --> 46:24.484 MARRIAGE, BAN ON GAY MARRIAGE. 46:24.484 --> 46:27.320 THEY HAVE ORAL ARGUMENTS ON MONDAY IN THAT CASE. 46:27.320 --> 46:34.894 AS MORE STATES DECLARE GAY MARRIAGE BANS UNCONSTITUTIONAL, 46:34.894 --> 46:38.331 IS THERE A POINT AT WHICH YOU CAN NO LONGER DEFEND A STATE 46:38.331 --> 46:38.798 LAW? 46:38.798 --> 46:41.334 >> IN THIS CASE I AM GOING TO AGREE WITH MY OPPONENT. 46:41.334 --> 46:44.971 IN FACT, HE IS DOING WHAT THE ATTORNEY GENERAL IS REQUIRED TO 46:44.971 --> 46:45.372 DO. 46:45.372 --> 46:48.008 BE INVOLVED IN THAT CASE AS A DEFENDANT TO DEFEND THE 46:48.008 --> 46:49.642 CONSTITUTION OF THE STATE OF IDAHO. 46:49.642 --> 46:52.879 THAT IS WHAT THE VOTERS APPROVED, AND HE -- I WOULD BE 46:52.879 --> 46:54.981 OBLIGATED TO DEFEND IT AS WELL. 46:54.981 --> 46:59.019 AND I WOULD DO THAT UNTIL THERE IS A DEFINITIVE DECISION THAT 46:59.019 --> 47:02.188 THE CONSTITUTIONAL PROVISION WAS NOT VALID. 47:02.188 --> 47:04.457 BUT I DON'T KNOW THAT THAT IS COMING. 47:04.457 --> 47:07.961 I THINK THAT THE WAY THAT THE CASES HAVE DEVELOPED, THEY HAVE 47:07.961 --> 47:10.830 BEEN BROUGHT AS DISCRIMINATION CASES RATHER THAN ON THE 47:10.830 --> 47:12.032 DEFINITION OF MARRIAGE. 47:12.032 --> 47:15.402 AND THAT HAS BEEN MERGED TOGETHER, I THINK, IMPROPERLY. 47:15.402 --> 47:20.340 THE SUPREME COURT, RECENT DECISION, SAID THAT THE DEF 47:20.340 --> 47:23.610 DEFINITION OF MARRIAGE IS A MATTER FOR STATES, NOT THE 47:23.610 --> 47:24.611 FEDERAL GOVERNMENT. 47:24.611 --> 47:27.947 IF THE CASE IS DECIDED STRICTLY ON THE DEFINITION OF MARRIAGE, 47:27.947 --> 47:31.618 I THINK IDAHO'S CONSTITUTIONAL AMENDMENT, THAT MARRIAGE IS 47:31.618 --> 47:33.987 BETWEEN A MAN AND A WOMAN, WOULD BE UPHELD. 47:33.987 --> 47:38.158 IF THE CASE IS MERGED INTO A DISCRIMINATION CASE, THEN THOSE 47:38.158 --> 47:41.628 FACTS GET MUDDLED AND WHO KNOWS WHAT THE SUPREME COURT WOULD 47:41.628 --> 47:41.995 DECIDE. 47:41.995 --> 47:45.065 I THINK THE APPROPRIATE WAY TO DEFEND THAT CASE IS TO SEPARATE 47:45.065 --> 47:48.702 OUT THE CONSTITUTIONAL DEFINITION OF MARRIAGE ISSUE 47:48.702 --> 47:50.236 FROM THE DISCRIMINATION ISSUE. 47:50.236 --> 47:53.640 BUT AS I THINK I'VE ALREADY ANSWERED YOUR QUESTION, BUT I 47:53.640 --> 47:58.111 WOULD DEFEND THIS TO THE FULL EXTENT OF THE LAW UNTIL THERE 47:58.111 --> 48:02.682 IS A DEFINITIVE DECISION SAYING I NO LONGER HAD LEGAL GROUNDS 48:02.682 --> 48:03.583 TO DO SO. 48:03.583 --> 48:08.488 >> AT WHAT POINT DO IN ANY CASE GAY MARRIAGE OR OTHERWISE, IS 48:08.488 --> 48:11.391 THERE ANOTHER OF A SNOWBALL OF CASE LAW WHERE YOU THROW UP 48:11.391 --> 48:13.193 YOUR HANDS OR DO YOU KEEP DEFENDING IT? 48:13.193 --> 48:16.396 >> THE ENTITY THAT WILL ULTIMATELY MAKE THE DECISION 48:16.396 --> 48:19.599 ABOUT WHETHER IDAHO'S CONSTITUTIONAL PROVISION 48:19.599 --> 48:23.236 DEFINING MARRIAGE, THE ENTITY THAT WILL MAKE THE DECISION IS 48:23.236 --> 48:26.306 THE UNITED STATES SUPREME COURT. 48:26.306 --> 48:31.311 IN THE DOMA CASE, THE COURT DID SAY THE DEFINITION OF MARRIAGE 48:31.311 --> 48:34.047 IS IN THE PROVINCE OF THE STATES. 48:34.047 --> 48:37.417 OUR STATE COLLECTIVELY AMENDED THEIR CONSTITUTION AND GAVE A 48:37.417 --> 48:38.952 DEFINITION OF MARRIAGE. 48:38.952 --> 48:41.521 A NUMBER OF MY COLLEAGUES AROUND THE COUNTRY HAVE SAID 48:41.521 --> 48:43.790 WE'RE ON THE WRONG SIDE OF HISTORY. 48:43.790 --> 48:45.525 I'M JUST NOT GOING TO DEFEND IT. 48:45.525 --> 48:48.328 LET ME TELL YOU I DISAGREE WITH THEM. 48:48.328 --> 48:51.498 I WAS PRESENT WHEN ERIC HOLDER CAME AND SPOKE TO THE ATTORNEYS 48:51.498 --> 48:55.001 GENERAL AND SAID IF YOU DON'T LIKE YOUR STATE CONSTITUTION, 48:55.001 --> 48:55.869 JUST IGNORE IT. 48:55.869 --> 48:56.703 I REJECT THAT. 48:56.703 --> 48:59.039 I REJECT THAT ON THE RIGHT SIDE AND THE LEFT SIDE. 48:59.039 --> 49:03.943 WE HAVE AN OBLIGATION UNDER THE RULE OF LAW TO FULFILL AND 49:03.943 --> 49:06.546 DEFEND THAT CONSTITUTION. 49:06.546 --> 49:09.015 THAT IS WHY I MOVED TO INTERVENE IN THAT CASE AND WE 49:09.015 --> 49:12.118 WILL PURSUE THAT CASE LEGITIMATELY BECAUSE THE PEOPLE 49:12.118 --> 49:14.854 OF THE STATE HAVE SAID THAT'S OUR POLICY, IT'S IN OUR 49:14.854 --> 49:17.490 CONSTITUTION, AND UNTIL THE UNITED STATES SUPREME COURT 49:17.490 --> 49:19.826 SAYS EITHER THAT'S VALID OR INVALID. 49:19.826 --> 49:20.326 >> OKAY. 49:20.326 --> 49:21.594 JUST ABOUT OUT OF TIME. 49:21.594 --> 49:24.664 ABOUT A MINUTE FOR AN ANSWER FROM EACH BUT WE'RE GOING TO 49:24.664 --> 49:28.702 MOVE TO OUR NEXT PANELIST, JIM WEATHERBY FOR OUR LAST QUESTION 49:28.702 --> 49:30.837 BEFORE THE CLOSING STATEMENTS. 49:30.837 --> 49:33.039 >> AND THIS IS FOR MR. TROUPIS -- 49:33.039 --> 49:35.508 >> FOR MR. WASDEN. 49:35.508 --> 49:37.043 >> VERY QUICKLY. 49:37.043 --> 49:42.215 YOU HAVE HAD SOME CONFLICT WITH THE LEGISLATURE OVER SOME OF 49:42.215 --> 49:44.517 YOUR OFFICE'S LEGAL OPINION. 49:44.517 --> 49:47.987 DO YOU THINK IT IS WISE FOR THE LEGISLATURE TO PROCEED ON 49:47.987 --> 49:52.058 SETTING UP A SEPARATE LEGAL COUNSEL? 49:52.058 --> 49:55.795 >> THE LEGISLATURE HAS ALWAYS HAD THE POWER, ABILITY TO 49:55.795 --> 49:58.531 CHOOSE THEIR OWN COUNSEL. 49:58.531 --> 50:02.068 I AM A CAPTIVE LAWYER OF THE LEGISLATURE, MEANING THAT THEY 50:02.068 --> 50:03.003 ARE NOT A CAPTIVE CLIENT. 50:03.003 --> 50:06.606 WHAT THE LAW SAYS IF THEY ASK ME A QUESTION, I'M REQUIRED TO 50:06.606 --> 50:07.707 GIVE THEM AN ANSWER. 50:07.707 --> 50:10.543 THE IMPORTANT THING THAT YOU HAVE TO DO AS THE ATTORNEY 50:10.543 --> 50:12.445 GENERAL IS YOU WEAR A COUPLE OF DIFFERENT HATS. 50:12.445 --> 50:15.448 ONE OF THOSE HATS IS AS THE ADVISOR. 50:15.448 --> 50:19.552 WHEN A QUESTION IS ASKED, YOU HAVE TO GIVE THE ANSWER AS TO 50:19.552 --> 50:24.391 WHAT THE LAW IS, NOT WHETHER IT IS GOOD OR BAD POLICY. 50:24.391 --> 50:28.261 BUT WHAT THE LAW IS THAT ALLOWS THEM TO MAKE THE PROPER 50:28.261 --> 50:30.530 LEGISLATIVE DECISION. 50:30.530 --> 50:33.033 ONCE THEY HAVE CHOSEN THE POLICY, SET THAT IN LAW, THEN 50:33.033 --> 50:37.470 MY OBLIGATION IS TO DEFEND THAT LAW, WHETHER I AGREE OR 50:37.470 --> 50:40.373 DISAGREE, WHETHER I THINK IT IS GOOD OR BAD IS IRRELEVANT. 50:40.373 --> 50:43.376 WHAT IS RELEVANT THAT I PROPERLY ADVICE THEM, THEY MAKE 50:43.376 --> 50:45.045 THEIR CHOICE AND THEN I DEFEND THAT. 50:45.045 --> 50:48.314 THAT IS THE PROCESS YOU HAVE AS THE ATTORNEY GENERAL. 50:48.314 --> 50:53.119 >> LET'S GIVE -- >> I HAVE HAD EXPERIENCE WITH 50:53.119 --> 50:56.589 OPINIONS WRITTEN BY THE ATTORNEY GENERAL OFFICE TO THE 50:56.589 --> 50:57.257 LEGISLATURE. 50:57.257 --> 51:02.862 SENATE BILL 1277, AUTHORIZE EXCHANGE OF PROPERTY ON THE 51:02.862 --> 51:03.596 LAND BOARD. 51:03.596 --> 51:06.800 FIRST OPINION SAID THE PROPOSED LEGISLATION WAS 51:06.800 --> 51:07.634 UNCONSTITUTIONAL. 51:07.634 --> 51:10.537 I WAS ASKED BY THE CHAIRMAN OF THE RESOURCE COMMITTEE TO DRAFT 51:10.537 --> 51:11.738 MY OWN OPINION, WHICH I DID. 51:11.738 --> 51:13.873 I THOUGHT IT WAS CONSTITUTIONAL. 51:13.873 --> 51:16.242 AND THEN I SAW A SECOND ATTORNEY GENERAL OPINION THAT 51:16.242 --> 51:18.978 SAID WELL, YES, IT IS CONSTITUTIONAL AND THE BILL 51:18.978 --> 51:20.647 PASSED AND THE BILL IS NOW BECOMING LAW. 51:20.647 --> 51:24.517 AND I HAVE SEEN THAT IN OTHER CASES AS WELL WHERE 51:24.517 --> 51:26.453 INCONSISTENT ATTORNEY GENERAL OPINIONS HAVE BEEN GIVEN. 51:26.453 --> 51:31.024 I THINK THAT IS THE REASON THE LEGISLATURE CREATED A LEGAL 51:31.024 --> 51:35.028 DEFENSE FUND TO HIRE THEIR OWN INDEPENDENT COUNSEL TO GET 51:35.028 --> 51:37.464 OPINIONS THEY RELY ON -- >> WRAP UP. 51:37.464 --> 51:38.732 WE ARE JUST OUT OF TIME. 51:38.732 --> 51:42.936 >> WE WANT TO GIVE THE CANDIDATES, TWO MINUTES TO MAKE 51:42.936 --> 51:45.772 THEIR CLOSING STATEMENTS. 51:45.772 --> 51:47.407 TWO MINUTES EACH. 51:47.407 --> 51:52.746 AND THE FIRST RESPONSE COMES TO MR. TROUPIS. 51:52.746 --> 51:57.884 >> I WANT TO THANK THE LEAGUE OF WOMEN VOTERS, IDAHO PUBLIC 51:57.884 --> 52:01.688 TELEVISION, OUR PANELISTS, AND ATTORNEY GENERAL WASDEN FOR 52:01.688 --> 52:03.890 BEING HERE TODAY FOR THIS OPPORTUNITY. 52:03.890 --> 52:05.892 I HOPE WE CAN CONTINUE THIS DEBATE. 52:05.892 --> 52:10.697 WE KNOW THAT AMERICA HAS VEERED DANGEROUSLY OFF COURSE. 52:10.697 --> 52:14.734 WE HAVE TO CHANGE OUR WAY, CHANGE OUR APPROACH -- THE 52:14.734 --> 52:19.439 CRISIS IS NO DIFFERENT HERE IN IDAHO THAN ELSEWHERE. 52:19.439 --> 52:22.175 WE ARE DEFENDING THE LAST BEST PLACE ON PLANET EARTH. 52:22.175 --> 52:24.110 THE BATTLE LINES HAVE BEEN DRAWN. 52:24.110 --> 52:26.913 WE CANNOT BECOME THE NEXT SUB DIVISION OF WASHINGTON, D.C., 52:26.913 --> 52:28.815 IT IS TIME FOR A CHANGE. 52:28.815 --> 52:33.453 WE MUST STAND FIRM FOR OUR CHILDREN, THEIR FREEDOM AND 52:33.453 --> 52:36.923 THEIR GRANDCHILDREN'S FREEDOM AND OUR ECONOMIC INDEPENDENCE 52:36.923 --> 52:37.657 FROM WASHINGTON. 52:37.657 --> 52:40.760 TONIGHT WE TALKED ABOUT OBAMA CARE, OUR PROPERTY RIGHTS, 52:40.760 --> 52:44.397 IDAHO LANDS, OUR SECOND AMENDMENT RIGHTS, AND 52:44.397 --> 52:46.199 RECLAIMING OUR PUBLIC LANDS. 52:46.199 --> 52:49.469 IN EVERY CASE, THIS ATTORNEY GENERAL HAS TAKEN THE WRONG 52:49.469 --> 52:50.103 COURSE. 52:50.103 --> 52:51.938 HE HAS LOST HIS WAY. 52:51.938 --> 52:55.141 HE HAS CHOSEN TIME AND AGAIN TO SIDE WITH THE GOVERNMENT AND 52:55.141 --> 52:57.510 AGAINST THE PEOPLE. 52:57.510 --> 52:59.045 WE MUST REFOCUS. 52:59.045 --> 53:01.948 I WILL ALWAYS BE AN ADVOCATE FOR YOU. 53:01.948 --> 53:02.882 FOR THE PEOPLE. 53:02.882 --> 53:07.053 IT IS TIME FOR A CHANGE. 53:07.053 --> 53:11.358 I WANT TO THANK ALL OF MY MANY SUPPORTERS THROUGHOUT THE STATE 53:11.358 --> 53:15.095 FOR YOUR HARD WORK, FOR YOUR COMMITMENT IN THIS CAMPAIGN AND 53:15.095 --> 53:16.329 ESPECIALLY FOR YOUR PRAYERS. 53:16.329 --> 53:19.899 AND I WANT TO THANK MY WONDERFUL WIFE FOR STANDING BY 53:19.899 --> 53:21.701 ME THROUGH THIS CHALLENGING TIME. 53:21.701 --> 53:27.273 I'M ASKING YOU, ALL OF YOU NOW, TO STAND WITH US AS WELL 53:27.273 --> 53:30.810 TOGETHER LET'S MAKE IDAHO A BEACON OF LIGHT AND HOPE FOR 53:30.810 --> 53:33.613 THE REST OF AMERICA. 53:33.613 --> 53:35.081 TRUE CHANGE SHOULD START HERE. 53:35.081 --> 53:35.915 THANK YOU. 53:35.915 --> 53:37.017 AND GOD BLESS. 53:37.017 --> 53:38.351 >> TWO MINUTES, MR. WASDEN. 53:38.351 --> 53:39.185 >> THANK YOU. 53:39.185 --> 53:43.089 IT IS IMPORTANT TO DISTINGUISH BETWEEN RHETORIC AND REALITY. 53:43.089 --> 53:46.259 YOU NEED TO HAVE AN ATTORNEY GENERAL WHO WILL TELL YOU WHAT 53:46.259 --> 53:49.295 YOU NEED TO KNOW, RATHER THAN WHAT YOU WANT TO HEAR. 53:49.295 --> 53:52.665 THE ONE THAT WILL TELL YOU THE WHOLE STORY, NOT JUST THE PART 53:52.665 --> 53:57.604 THAT CAN BE MANIPULATED TO ONE'S POLITICAL ADVANTAGE. 53:57.604 --> 54:00.707 FOR EXAMPLE, ARTICLE 21, SECTION 19, SAYS THAT THE 54:00.707 --> 54:04.310 PEOPLE OF THE STATE OF IDAHO FOREVER DISCLAIMED THE 54:04.310 --> 54:07.347 UNAPPROPRIATED LANDS THAT LIE WITHIN THE BORDERS OF OUR 54:07.347 --> 54:07.881 STATE. 54:07.881 --> 54:11.217 THAT MEANS THAT WE CANNOT SIMPLY ARGUE AWAY, EXPLAIN AWAY 54:11.217 --> 54:15.155 THE LANGUAGE OF OUR OWN CONSTITUTION THAT SAYS THOSE 54:15.155 --> 54:18.625 LANDS WITHIN OUR STATE, OWNED BY THE FEDERAL GOVERNMENT, WE 54:18.625 --> 54:20.427 FOREVER DISCLAIMED THEM. 54:20.427 --> 54:26.900 IN 1947, OUR OWN LEGISLATURE -- FEDERAL GOVERNMENT, WE WANT YOU 54:26.900 --> 54:27.801 TO OWN THOSE LANDS. 54:27.801 --> 54:29.803 DO NOT GIVE THEM TO US. 54:29.803 --> 54:31.538 WE NEVER OWNED THOSE LANDS. 54:31.538 --> 54:36.976 WE WERE SIGNED INTO A TERRITORY BY ABRAHAM LINCOLN IN MARCH OF 54:36.976 --> 54:40.013 1863, TERRITORY OF THE UNITED STATES. 54:40.013 --> 54:41.748 THOSE WERE LANDS WE NEVER OWNED. 54:41.748 --> 54:45.885 THEY WERE LANDS THAT WE DISCLAIMED, AND WE LANDS THAT 54:45.885 --> 54:51.524 WE SAID FEDERAL GOVERNMENT, YOU KEEP THEM IN YOUR POSSESSION. 54:51.524 --> 54:54.461 IF WE ARE GOING TO MANAGE THOSE LANDS OR GET THOSE LANDS BACK, 54:54.461 --> 54:56.129 WE HAVE TO WORK THROUGH CONGRESS. 54:56.129 --> 54:59.065 WE CAN'T OVERCOME THE LANGUAGE OF OUR OWN CONSTITUTION. 54:59.065 --> 55:01.968 THAT'S WHY IT IS IMPORTANT NOT JUST TO HAVE RHETORIC, BUT 55:01.968 --> 55:02.569 REALITY. 55:02.569 --> 55:06.139 WITH REGARD TO THE SECOND AMENDMENT, I FIRMLY HAVE 55:06.139 --> 55:08.508 SUPPORTED THE SECOND AMENDMENT. 55:08.508 --> 55:12.779 IT IS TRUE MY OPPONENT CALLED ATTENTION TO ERROR MADE IN THE 55:12.779 --> 55:14.047 OFFICE EIGHT YEARS AGO. 55:14.047 --> 55:15.982 HE ONLY TELLS PART OF THE STORY. 55:15.982 --> 55:19.152 THE REST OF THE STORY -- I FOUND OUT THE NEXT DAY WITHIN 55:19.152 --> 55:22.689 48 HOURS WE WERE OFF OF THAT BRIEF IN THE PATTERSON CASE. 55:22.689 --> 55:27.727 WE SIGNED ON TO THE HELLER CASE, THE McDONALD VERSUS CITY 55:27.727 --> 55:34.167 OF CHICAGO CASE, NRA VERSUS THE ALCOHOL, TOBACCO AND FIREARMS 55:34.167 --> 55:34.634 CASE. 55:34.634 --> 55:38.905 I WAS ENDORSED BY THE NRA, MY OPPONENT WAS NOT. 55:38.905 --> 55:41.975 IT IS IMPORTANT THAT WE HAVE AN ATTORNEY GENERAL WHO WILL TELL 55:41.975 --> 55:44.911 US THE WHOLE STORY, ALL OF THE FACTORS, ALL OF THE MATTERS SO 55:44.911 --> 55:48.281 THAT YOU CAN MAKE AN INTELLIGENT AND RATIONALE 55:48.281 --> 55:48.648 CHOICE. 55:48.648 --> 55:50.750 NOT JUST THE THINGS WE WANT TO HEAR. 55:50.750 --> 55:53.186 WE NEED TO HEAR REALITY, NOT JUST RHETORIC. 55:53.186 --> 55:56.923 I AM THE ATTORNEY GENERAL, MY NAME IS LAWRENCE WASDEN. 55:56.923 --> 56:00.026 I APPRECIATE HAVING BEEN ABLE TO SERVE FOR THE LAST 12 YEARS 56:00.026 --> 56:02.395 AND I ASK FOR YOUR VOTE ON MAY 20th. 56:02.395 --> 56:02.829 THANK YOU. 56:02.829 --> 56:05.932 >> I WANT TO THANK BOTH OF THESE GENTLEMEN FOR THEIR TIME 56:05.932 --> 56:06.399 TONIGHT. 56:06.399 --> 56:09.302 WE WANT TO MAKE SURE THAT YOU GET OUT AND MAKE YOUR VOTE ON 56:09.302 --> 56:09.969 MAY 20th. 56:09.969 --> 56:12.339 THAT WILL DO IT FOR US ON IDAHO DEBATES. 56:12.339 --> 56:21.147 WE WILL SEE YOU TOMORROW NIGHT. 56:24.984 --> 56:25.885 Captioning Performed by LNS Captioning www.lnscaptioning.com 56:29.322 --> 56:32.892 >> THE IDAHO DEBATES MADE POSSIBLE BY BOISE STATE 56:32.892 --> 56:35.729 UNIVERSITY, COMMITTED TO PUBLIC SERVICE IN OUR COMMUNITY AND 56:35.729 --> 56:43.069 THE STATE OF IDAHO FOR MORE THAN 80 YEARS, OFFERING 56:43.069 --> 56:46.906 UNDERGRADUATE AND GRADUATE DEGREES, COMMUNITY AND REGIONAL 56:46.906 --> 56:49.909 PLANNING, ECONOMICS, AND MORE. 56:49.909 --> 56:53.446 IDAHO DEBATES ARE ALSO BROUGHT TO YOU BY YOUR CONTRIBUTIONS TO 56:53.446 --> 56:55.749 THE IDAHO PUBLIC TELEVISION ENDOWMENT. 56:55.749 --> 56:56.750 THANK YOU.