Idaho attorney general defends record on COVID-19, federal lawsuits in debate

BOISE (Idaho Statesman) — Idaho Attorney General Lawrence Wasden during a Tuesday debate defended his record against vigorous attacks from challengers Raúl Labrador and Art Macomber, who hope to unseat the state’s top attorney after two decades in office.

The three Republican candidates for attorney general sparred live on Idaho Public Television during the first of three debates for statewide races before the May 17 primary election.

Idaho’s longest-serving attorney general faced accusations that his office defends bureaucrats and that he allowed the governor to abuse his authority during the COVID-19 pandemic. Wasden repeatedly argued that he adheres to the U.S. and Idaho constitutions.

“I read the constitution and do what it says,” said Wasden, a former prosecutor seeking a sixth term. “I have and will continue to uphold the constitution, even when it’s not politically popular.”

WASDEN DEFENDS GOVERNOR’S ACTIONS

Labrador is no political newcomer. The trial lawyer and former Idaho Republican Party chairman served four years in the Idaho House followed by eight years in the U.S. House of Representatives. In 2018, Labrador unsuccessfully ran for governor, losing to Gov. Brad Little in a three-way contest in the GOP primary.

Labrador on Tuesday touted his political and legal experience, but he directed most of his attention to Wasden. He said the attorney general has been a “yes man” for the governor.

“The current attorney general thinks that his No. 1 responsibility is to justify legally whatever the governor wants to do,” Labrador said. “Sometimes you have to tell the govenor ‘no,’ sometimes you have to tell him ‘yes.’ It depends on what the question is.”

Labrador also criticized Wasden’s defense of the governor’s emergency powers when Idaho legislators, angered by the governor’s emergency declarations during the pandemic, sought to seize his authority.

Idaho statute gives the governor the authority to declare emergencies, Wasden responded.

“You don’t get to add words, you don’t get to take words away,” he said.

MACOMBER SAYS HE’S AN ‘OUTSIDER’

Meanwhile, Macomber invoked his outsider position. He said that Wasden has “cozy relationships” with the “political class,” and that Labrador, an “establishment candidate,” lacks the independence and experience for the job.

Macomber is an attorney from Coeur d’Alene who has practiced law since 2006. Previously he worked in the forestry, construction and real estate industries.

Last year, he aligned himself with Lt. Gov. Janice McGeachin, who is challenging Little in the gubernatorial race, when she blamed the attorney general for declining to represent her in a lawsuit over the release of public records.

Macomber didn’t mention the records lawsuit Tuesday, but he railed against Wasden for failing to fight restrictions the governor imposed to slow the spread of the coronavirus. Macomber said he would have sued Little.

“The unthinkable happened during the COVID lockdowns,” he said. “Our basic civil rights were criminalized, including our rights to bodily autonomy, worship and assembly.”

CHALLENGERS SAY WASDEN DELAYED FIGHTING FEDS

Both Macomber and Labrador accused the incumbent of dragging his feet to challenge federal overreach and involve Idaho in national issues.

They pointed to his refusal to join Texas’ lawsuit against Pennsylvania contesting the 2020 election results — Wasden said that was unconstitutional — and the state’s late arrival to a North Idaho couple’s legal battle against the Environmental Protection Agency.

Macomber said Idaho should have challenged President Joe Biden’s administration when it paused new oil and gas leases. Idaho has no oil wells and a limited number of gas wells, Wasden said.

“We file lawsuits against the federal government when we have a legitimate cause of action,” Wasden said. He referred to a November lawsuit Idaho joined to block the Biden administration’s COVID-19 vaccine and coronavirus testing mandates.

Wasden shot back at his challengers. The attorney general disparaged Macomber’s legal analysis when he argued the Legislature should have its own attorneys to avoid conflicts between the legislative and executive branches.

A Planned Parenthood affiliate last month filed a lawsuit to stop a new Idaho abortion law. The law lets family sue abortion providers for procedures after about six weeks of pregnancy.

Before the bill became law, the attorney general’s office warned legislators that it’s likely unconstitutional. Now, the attorney general may need to defend the law.

“He’s caught in a conflict. We have to fix this in Idaho,” Macomber said.

“That answer completely ignores the Idaho law,” Wasden responded.

State law directs the attorney general to provide legal opinions to legislators and defend the state in lawsuits, he said. The analysis of the abortion bill accounts for the U.S. Supreme Court’s decision in Roe v. Wade, which protects women’s rights to an abortion.

“Whether we like it or not, whether we agree or disagree, it is the law of the land,” Wasden said. “You can’t sidestep that. You don’t get to lie to your clients just to score some political points.”

The Legislature has called on the attorney general’s office several times during Wasden’s tenure to defend legislation that was challenged as unconstitutional. Sometimes lawmakers don’t heed his office’s advice, Wasden said Tuesday.

Labrador said he would have a better working relationship with the Legislature than Wasden.

“The worst kind of lawyer is the lawyer that keeps blaming their client,” Labrador said.

Wasden seemed to question Labrador’s motivation for running.

“I’m not running for AG so I can use it as a stepping stone to become the governor. I’m not trying to get my face on Fox News,” Wasden said, referring to Labrador’s appearances on the conservative cable channel.

DEBATE FOR GUBERNATORIAL CANDIDATES CANCELED

The organizers of Idaho Debates — a collaboration among the Idaho Press Club, Idaho Public Television, the League of Women Voters of Idaho and Idaho’s public universities — announced Tuesday that there will not be a gubernatorial debate this year.

Last week, Little said he would not participate because his record is “non-debatable.”

Fellow GOP candidates McGeachin and Ed Humphreys both qualified for the debate as well. But McGeachin, who previously committed to the debate, indicated that she would not participate without Little, Idaho Debates organizers said.

Two other debates are scheduled for next week. Candidates for superintendent of public instruction will debate at 8 p.m. Monday, and secretary of state candidates will debate at 8 p.m. on Tuesday.

Both will be aired live on Idaho Public Television and the station’s YouTube channel.