Politics
Why a judge moved the location of Bryan Kohberger’s Idaho murder trial
By Jordan Rubin
UPDATE (Sept. 12, 2:42 p.m. ET): After the judge in Latah County, Idaho, who was presiding over Bryan Kohberger’s murder case granted the defendant’s motion to change venuethe Idaho Supreme Court on Thursday said the new venue will be Ada County, the site of the state capital, Boise. The state high court also assigned the case to a new judge in that district, Steven Hippler.
In the latest twist in Bryan Kohberger’s”https://www.BLN.com/opinion/BLN-opinion/idaho-murders-bryan-kohberger-speedy-trial-lawyers-rcna85889″ target=”_blank”>quadruple murder case in Idaho, the judge said the trial for the deaths of four University of Idaho students must be moved out of the county where the killings occurred.
Latah County District Judge John Judge cited potential prejudice to the defense if the trial went forward in the close-knit community that’s been inundated with media coverage since the 2022 deaths of Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin in an off-campus home in the Latah County city of Moscow. (A not-guilty plea on four counts of first-degree murder and burglary was entered on Kohberger’s behalf in May 2023. He may face the death penalty if convicted.)
Among other things, the judge lamented “the ongoing spread of prejudicial misinformation, rumors, and patently false theories of the case on social media outlets such as Facebook, podcasts, and blogs.”
While the parties agreed that the case generated extensive media coverage, they disagreed about how to ensure a fair trial. Kohberger argued that it needed to move away from the area of the crime scene. The prosecution, meanwhile, said that extensive questioning of potential jurors could help ensure fairness.
In granting the defense motion to change venue, Judge noted that Latah County is relatively small and that, “While the issue of extensive, sensationalized coverage is not unique to Latah County, it is potentially more impactful given the volume of coverage coupled with the smaller population.”
“Considering the undisputed evidence presented by the defense, the extreme nature of the news coverage in this case, and the smaller population in Latah County, the defense has met the rather low standard of demonstrating ‘a reasonable likelihood’ that prejudicial news coverage will compromise a fair trial in Latah County,” Judge wrote.
He added that the venue must change for practical reasons, too, noting that Latah County lacks the necessary resources to provide security and even sufficient space to conduct such a big trial there.
“While traveling to another county for three months is indeed inconvenient for the attorneys, the Court, some family members of the victims, and some witnesses, having the trial at the Latah County courthouse would also be inconvenient in numerous ways and, beyond that, would present serious safety risks,” Judge wrote, adding that the interest of justice “requires that the trial be moved to venue with the resources, both in terms of personnel and space, necessary to effectively and efficiently handle a trial of this magnitude and length so that the parties and the Court can focus on the case and not on peripheral issues.”
Judge’s order doesn’t say where the new venue will be. Rather, it says that, under state rules, the court refers the matter to the administrative director of the courts for the state supreme court to assign it to a proper venue in another district. NBC News reported that the trial was tentatively set for next June.
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Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined BLN, he was a legal reporter for Bloomberg Law.
‘We are winning elections’: Bernie Sanders on Democrats’ progressive wing
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Politics
Trump wants the Postal Service to radically overhaul mail voting. But ballots are already going out.
President Donald Trump’s controversial demands for the Postal Service to overhaul and monitor millions of mail ballots hit another snag on Friday, when North Carolina became the first state in the nation to start sending out ballots for the November election.
In March, Trump signed the initial executive order, which aimed to crack down on mail-in voting — which he regularly alleges without evidence is a vector for widespread voter fraud — and assert an unprecedented amount of federal control over the upcoming elections.
Under this order and the subsequent rule drafted by the U.S. Postal Service, the USPS would refuse to deliver ballots to states that failed to provide lists of eligible mail voters or did not adhere to an approved envelope design style.
Since then, the order has faced legal challenges, and it remains paused by a federal judge’s orders. But the Trump administration has asked the Supreme Court to allow the new rule to proceed — something current and former election officials from both parties say would be both a legal nightmare that oversteps the federal government’s traditional role in elections and a logistical one that is happening far too close to the November election to implement even if they agreed with it.
“Why the hell are you rocking the boat this late in the game?” said Stephen Richer, a former Republican recorder of Maricopa County, Arizona, who has clashed with Trump allies for defending the security of the 2020 election.
Still, election officials are trying to project a sense of normalcy for voters, particularly in North Carolina, which serves as a test of whether established local election systems can operate normally amid intensifying federal scrutiny.
“I want to emphasize this point because there has been a lot of outside noise: Our county workers are ready,” Sam Hayes, a longtime Republican lawyer in the state and now executive director of the North Carolina State Board of Elections, said in a Thursday afternoon press conference.
He added, “All we can do is what we’re doing. … It is business as usual as far as I’m concerned.”
Despite the legal challenges, the Trump administration has continued to press the courts to let it proceed. The Trump administration asked the Supreme Court on Thursday to lift an order from a Massachusetts judge which temporarily prevents the USPS from enforcing their rule. It is the second time the Trump administration has asked the Supreme Court to step in, after winning an earlier victory in which the high court dismissed an earlier hold on the rule as premature.
“The uncertainty is coming from a single activist judge who continues to try and obstruct President Trump from implementing commonsense measures to protect the security of mail-in ballots and ensure only Americans vote in American elections,” White House spokesperson Lauren Bis said in a statement. “These safeguards for mail ballots were proposed months ago giving election officials ample time to prepare for the 2026 election.”
The USPS did not immediately respond to requests for comment.
Election officials said that if the rule goes into effect this close to November, it would cause chaos and place added strain on the USPS and election officials. And an anonymous federal whistleblower said in a report circulated earlier this week by Sen. Richard Blumenthal (D-Conn.) that the USPS was moving forward in a “secretive, rushed, chaotic, and fundamentally flawed process” to try to implement the new system ahead of the midterms.
In the coming weeks, states across the country will follow North Carolina’s lead. Nine other states will begin mailing ballots in the next two weeks, according to a tracker from the National Conference of State Legislatures — with the biggest day for mailing coming 45 days before the election in mid-September.
“It would be so outrageous to try to let this go into effect. It’s hard to even imagine,” said Ben Hovland, a senior fellow for democracy at the progressive think tank Center for American Progress and former Democratic commissioner with the Election Assistance Commission who was fired by Trump in July.
He added, “It would be a break-glass moment for our democracy.”
The rule would require meticulous changes to ballot handling and tracking practices that Hovland said are impossible to implement before Election Day in about two months, effectively disenfranchising millions of voters.
“Ballots are printed. Envelopes are printed. You can go on and on with all the practical reasons that show that implementing something like this at this time is not feasible,” he said.
Richer said he doubted the new rules would bring about more security. Even if the USPS received lists from the states, according to the postal service’s final rule, it would not do any additional vetting of the list, Richer said.
“It’s just that the mail ballots have to be on that list, and I don’t see what added value for election integrity that does,” he said.
He added, “It creates a lot of administrative burden, and I think it creates a lot more opportunity for error.”
While a decision looms in the courts, election officials and experts cast doubt on the likelihood of the rules going into effect before November. A more pressing issue, they said, is the confusion and uncertainty surrounding mail-in ballots, which could subvert and change the behaviors of voters.
“It makes things seem messy or difficult, and it can dissuade people from participating or coming out to vote,” Hovland said. “It certainly also helps establish a pretext to make bad faith claims about election results.”
Hovland said that while none of these claims of voter fraud are backed up with facts, they could cause Americans to lose faith in the voting process.
Still, some current officials contended they were well-prepared for whatever happens — and that they’d be able to communicate effectively with voters who have become increasingly buffeted by dramatic rhetoric about the once-unmentioned nuts and bolts of actually running an election.
“There’s always a lot of noise around elections, that’s not going to change, and it can be hard to differentiate that from what’s actually going on on the ground,” said Jason Tyson, director of external affairs for the North Carolina State Board of Elections.
As Election Day approaches, Tyson and election officials said they urge voters to check their registration status and make a plan to vote.
He added, “I think we’ve got a really well-trained, solid staff who are ready, and who have gone through all of the checks and balances and points of contact that we need to do to get to where we are.”
Missouri’s Supreme Court suspended a congressional map that state Republicans drew last year that would have netted the GOP an additional House seat, likely keeping the seat in Democratic hands this November.
The court ruled unanimously on Thursday that a referendum petition organized by Democrats to put the new congressional maps to a vote was incorrectly deemed insufficient by Republican Secretary of State Denny Hoskins, and ordered that the gerrymandered map be put to a vote in the fall.
Voters will ultimately decide the fate of the new lines in November. But in the meantime, it cannot be in place for the midterms, meaning Rep. Emanuel Cleaver’s original Kansas City-based district will likely stay in Democrats’ hands this fall.
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