Will There Be Accountability for Senator Winder's Abuse of Power?

Senator Chuck Winder's actions represent a grave abuse of authority, and the Idaho Freedom Caucus demands accountability.

Ada County Republican Central Committee Condemns Senator Winder’s Actions

The Idaho Freedom Caucus applauds the Ada County Republican Central Committee’s decision to pass a resolution condemning the recent actions taken against three of its members by Chuck Winder, President Pro Tempore of the Idaho Senate.

The resolution strongly disapproved of Senator Winder's letters of reprimand to Sen. Scott Herndon, Sen. Glenneda Zuiderveld, and Sen. Brian Lenney, all members of the Idaho Freedom Caucus. It also supported their right to free communication and any potential future actions against Winder before the Senate Ethics Committee.

In Defense of Free Speech

The letter to Sen. Scott Herndon was the most egregious of the three. Winder alleged that a newsletter on Herndon’s campaign website was “degrading and disparaging” of every member of the Senate serving on the Joint Finance-Appropriations Committee and that statements in the newsletter were “unnecessary and inexcusable.”

Winder incorrectly claimed that Herndon “worked on only one small budget” in JFAC and failed to take his duties seriously. He demanded that Herndon retract the article, refrain from “personal attacks,” and apologize to every Senate member of JFAC.

The article in question was neither “degrading and disparaging” nor “unnecessary and inexcusable.” In fact, Herndon was fulfilling his duty to inform and educate his constituents regarding the budgeting process. He wrote truthfully that not a single budget was defeated on the Senate floor in the past two legislative sessions. Also, he noted that in the 2022 session, which preceded his election, nine senators voted yes on every single budget bill that reached the floor, including his 2024 GOP primary opponent.

Contrary to Winder’s claim that he degraded and disparaged his fellow senators, Herndon did not attack a single fellow senator by name. He concluded his article by explaining that certain political action committees are currently campaigning against senators who voted against some budget bills. Nothing in his newsletter was untrue.

Sen. Winder’s letter, which threatened a formal ethics investigation if Herndon continued communicating truthfully with his constituents, clearly violated Scott Herndon’s right to free speech under the US and Idaho Constitutions.

Senator Winder’s Abuse of Power

At no time upon his election to the Idaho Senate did Scott Herndon waive his right to free speech. Senators swear an oath to support the Constitution of the United States and the Constitution of the State of Idaho. Both affirm freedom of speech.

Scott Herndon is the duly elected senator for the 1st district of Idaho, while Chuck Winder is the duly elected senator for the 20th district. According to Mason’s Manual of Legislative Procedure, which governs the conduct of the Idaho Senate, members of the body are equal. Winder’s role as Senate President Pro Tempore does not give him the authority to regulate the speech of another senator’s campaign communications. 

The Pro Tem does not have the right to insert himself between a sitting senator and his own constituents. Sen. Herndon is standing for reelection and has a declared opponent, so the Pro Tem abusing his authority not only weaponizes his office but is essentially an in-kind campaign contribution to Herndon’s opponent.

Additionally, Idaho state law says that all public officials (including senators) are responsible for promoting transparency and openness regarding government processes and the influence of special interest groups. Contrary to Winder’s judgment that Herndon’s newsletter was degrading, disrespectful, unnecessary, and inexcusable, it was a model for how public officials should uphold the public trust.

Senator Winder Must be Held Accountable for His Misconduct

Further, Winder committed gross dishonesty when he accused Herndon of working on only “one small budget” in his role on JFAC. In addition to making substitute motions on several budget bills, the legislative record shows that Herndon sponsored five spending bills on the Senate floor. Winder’s assertion is not only dishonest but potentially libelous.

Chuck Winder has dishonored himself and his office by publishing falsehoods under the letterhead of the Senate President Pro Tempore.

Winder doubled down on dishonesty when he spoke to Brian Holmes of KTVB and Nate Shelman of KBOI Radio last month. In both interviews, he claimed that Sen. Herndon and Sen. Zuiderveld went public “in coordination with the Idaho Freedom Foundation.”

Winder also claimed in his interview on KBOI that the senators used the “membership lists” of the Idaho Freedom Foundation to send out emails and make phone calls.

All of these statements are factually incorrect. Winder has long been obsessed with the Idaho Freedom Foundation, which might explain why he attempted to drag that organization into a situation it had nothing to do with. Perhaps he is confused about the difference between the Idaho Freedom Foundation, an Idaho think tank, and the Idaho Freedom Caucus, a coalition of Idaho House and Senate members who stand for liberty and the Idaho Republican Platform.

These actions by Sen. Chuck Winder represent significant abuses of his authority as Senate President Pro Tempore and conduct grossly unbecoming of an Idaho State Senator. 

The Idaho Freedom Caucus will not be intimidated by these attacks. We applaud the resolution passed by the Ada County GOP and hope to see more Idaho Republicans hold Winder accountable for this misuse of his office.

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