RISCH PISCA, PLLC

JASON S. RISCH
ATTORNEY AT LAW

LAW AND POLICY

TELEPHONE
(208) 345-9929

407 W. JEFFERSON STREET

BOISE, IDAHO 83702

TELEFAX
(208) 345-9928

March 30, 2016

Sent Via Facsimile to: (208) 938-5482
Christ T. Troupis
TROUPIS LAW OFFICE, P.A.
801 East State Street, Suite 50
P.O. Box 2408
Eagle, Idaho 83616
Re:

In Re: Bryan D. Smith and Doyle H. Beck

Bonneville County Case No. CV-15-6757

Dear Christ:
I represent Steve Yates in relation to the above referenced petition and the
proposed depositions referenced in said petition. Please direct any and all further
correspondence regarding this issue through my office until further notice.
From my review of the petition, it is not entirely clear what duties were breached
and/or whom it is your clients alleged breached those duties. However, what is clear is
that you intend to use the discovery process to learn the identities of the Core Group
which are individuals you believe are associating under the name Idaho Prosperity
Project.
Your requests in the petition are troublesome because, as you know, the law does
not allow discovery to be used in this manner. In fact, the law specifically prohibits
inquiry into any individuals political activity. Regardless of if Mr. Yates had anything to
do with the alleged Idaho Prosperity Project (and to be absolutely clear, this
correspondence should not be taken as any sort of admission that he knows anything
about it), no one is allowed to question Mr. Yates, or any other individual on who they
associate with for political purposes.
Using court sanctioned discovery tactics to engage in this type of inquisition is
specifically prohibited by the United States Constitution, the Idaho Constitution and,
more specifically, a litany of court decisions including but not limited to Perry v.
Schwarzenegger, 591 F.3d 1147 (9th Cir. 2009). In the Perry case the Ninth Circuit
specifically disallowed the use of the discovery process to pry into individuals political
associations, internal campaign workings or campaign communications.
I know all this information is familiar to you because the last time I was forced to
assert these defenses, you were also asserting the same defenses on behalf of your clients
in the case of Steven K. Ricks v. Norm Semanko and the Idaho Republican Central

Christ T. Troupis
March 30, 2016
Page 2
Committee, et. al, Ada County Case Number CV OC 09-04874. Copies of the Ricks
order and the Perry decision are enclosed with this letter for your review.
The point of this correspondence is to inform you that if you attempt to serve a
deposition notice upon Mr. Yates he will, not due to any involvement with the Idaho
Prosperity Project, but for the sake of justice, liberty and the political freedoms which
form the very bedrock of this countrys freedom, refuse to answer any questions which
attempt to infringe on these constitutional protections which are afforded to every
American citizen. He will, on behalf of those citizens, stand up for the freedom of
political association, freedom of political expression and freedom from government
intrusion into those rights. Simply put, the United States Government, the State of Idaho,
your law firm and your clients have absolutely no right to even ask these questions of my
client; it is none of your business. He will vigorously defend against any attempt which
infringes on these rights.
Further, if you attempt to take this deposition we will seek a protective order
based on the aforementioned legal authorities and seek attorneys fees for having to do so
because this issue is obvious and well established.
If you claim that your clients can demonstrate a need which would justify
infringing upon my clients fundamental concepts of liberty and freedom, I would be
interested to hear it.
If you are in need of information from my client which does not relate to his
political activities, please feel free to request the same of my client in written
correspondence through my office; I will see if he will entertain the idea of answering
your questions.
Very truly yours,

JASON S. RISCH
JSR/ah
Enclosures
Cc: Client