Fred Birnbaum of the Idaho Freedom Foundation responded to this essay here.
By Robert Gillis
An open letter to the citizens of Idaho,
My name is Robert Gillis. I am the president of the non-profit organization Idaho Tough On Crime. I am a retired peace officer, who spent twenty-five years in the profession. The majority of my career was involved with working street gangs, organized crime, and narcotics. Some of those assignments led me to cases involving the corruption of public officials. In short, I have quite a bit of experience.
In 2022, I was asked to join a local non-profit organization in the Treasure Valley. Shortly afterwards, I volunteered to be part of the legislative committee within that nonprofit organization. During the 2023 Idaho Legislative Session, I worked with some legislators, law enforcement members, and Idaho citizens on different legislative bills. Relationships were formed, and I quickly saw how the Idaho legislature operated. One thing I discovered was the strong influence the Idaho Freedom Foundation (IFF) and Idaho Freedom Caucus (IFC) had over many legislators. I realized we have a few factions within the Republican Party, which oftentimes finds itself divided on some of the issues.
Last year, I left the local non profit organization and several of us started up a new organization. I was very involved in this most recent 2024 legislative session, and worked on several bills with legislators. I testified during numerous committee hearings and attended many House and Senate Floor votes. I was also involved in many meetings regarding bills that were being worked on, and I formed many new relationships with members of the IFF, IFC, and Main Street Caucus. Having said all that, I feel it important to make it clear that I am not a lobbyist, nor are we a lobbying organization.
The thing I consistently saw and heard about, was the overwhelming influence the IFF grading system had over many legislators. Many legislators made it clear they were more worried about the score of a bill and how that would affect their overall conservative or freedom “rating,” more than they necessarily worried about the content of some of the bills.
I had numerous meetings with people involved with the IFF, and learned that a specific person was analyzing and scoring the bills for the legislators to vote on. I knew that IFF leadership had changed just prior to the 2024 legislative session commencing. I was aware that the IFF had a reputation for being soft on crime and drugs, and I had seen that for myself during the 2023 session when I was part of the other non-profit group. Having been a detective much of my career, my inquisitive side came out. I decided to dig a little and find out who the IFF really was, and who was scoring the bills the way they were. I quickly found a pattern. It appeared as though many of the issues which involved education, protecting children, lower taxes, property rights, critical race theory, the second amendment, more conservative spending, and the advocation of less government involvement in the lives of everyday Idahoans, along with other various issues, all sounded to be a very reasonable and rational conservative and/or liberty-minded stance and platform.
When I started looking into the IFF stances and scoring on the majority of law and order bills which involved drugs, sentencing, fines, funding, or enforcement, I discovered that the vast amount of them were scored and rated very negatively. I then looked at IFF and IFC legislators and saw the correlation for their votes and arguments as to why they voted the way they did. They routinely regurgitated what was articulated in the IFF ratings, with almost verbatim talking points. I then found out the IFC was also mostly following the guidelines the IFF imposed on them, with very few exceptions.
Now my curiosity really peaked. I looked at the following bills in the 2024 legislative session:
- House Bill 390 – The bill gave the Attorney General’s Office jurisdiction to investigate elected city officials across the state. The bill failed on the senate floor, but what I took notice of was that the IFF gave it no rating.
- House Bill 406 – The fentanyl trafficking bill which also included mandatory minimum sentencing guidelines. The IFF score of “-4” was immediately assigned to the bill which coincided with the negative score the bill (HB67) got during the 2023 session. I talked to many legislators who told me they knew the bill was a hot topic but they did not think they could support it with such a negative rating that “would count against” them. Once I set up a meeting with eight members of the IFC (7 Senators and 1 House member) along with a local Chief of Police, which lasted almost two hours, we appeared to have made some progress on the bill. We were told by several of the legislators that we provided crucial information which would allow them to possibly justify support for the bill. The Senate subsequently voted 28-7 to pass the bill and it has since been signed into Idaho law by the Governor. We were then told that the IFF decided not to hold the “-4” rating against the legislators because “they sorta had to vote for it.” That in of itself showed us how arbitrary and subjective the scoring system was, along with how irrelevant it truly is.
- House Bill 432 – The Persi Retirement confidentiality bill. The bill eventually passed which made it a felony to disclose protected retirement records. The bill passed the House 37-33 and Senate 17-17 with Lieutenant Governor Bedke casting the tie breaking vote to pass it. The bill had received an IFF score of ‘-1” and the IFF and the IFC members all voted against it.
- House Bill 494 – The human trafficking bill that included mandatory minimum sentencing guidelines and forfeitures. The IFF scored the bill a “-2” yet the bill passed the House 70-0 and Senate 35-0. Another irrelevant score, which obviously was allowed by the IFF to happen and not held “against” the legislators who supported it.
- House Bill 515 – The child sex abuse bill which included a death penalty enhancement. The House passed the bill 57-11, but two IFC members in the
Senate Judiciary killed it at the committee. Ironically, the IFF did not even take the time to render a score for the bill. Clearly they did not want to get caught supporting a crime bill, so they did not score it. But the IFC effectively stopped it anyway, without advancing it to the Senate Floor.
- House Bill 519 – The critical infrastructure bill. It was killed at the committee without a hearing. Coincidentally, the IFF scored the bill “-5.”
- House Bill 535 – The bill would have increased fines and jail time for specified traffic offenses. It was held at committee without a hearing. The IFF scored the bill a “-2.”
- House Bill 606 – The bill would have added a mandatory minimum fine of $420 for the possession of a certain amount of marijuana. It was killed during a committee hearing by IFF members. The IFF scored the bill ‘-1.”
- House Bill 613 – The illegal advertising bill. The bill passed the House 47-22, with all IFF members voting against it. The bill was killed on the Senate Floor with a 16-18 vote. All the IFC members voted against it. The IFF scored the bill “-2.”
- House Bill 623 – The bill would have redefined terrorism and domestic terrorism. It was held at committee without a hearing. The IFF scored the bill “-1.”
- House Bill 655 – The bill would have created an illicit substance portal at the Idaho Department of Health and Welfare. It was held at committee. The IFF scored the bill “-2.”
- House Bill 678 – The bill was an appropriations bill for the drug policy. It would have been granted a $5 million budget and added six employee positions. The House passed it 38-26 and the Senate passed it 25-10, with all IFF and IFC members voting against it. The IFF scored the bill “-1.”
- House Bill 688 – The license plate reader bill. The bill was killed at committee without a hearing. The IFF scored the bill a “0” but the rating only made it a “0” because the IFF scorer’s stated belief was that the removal of front license plates would create less traffic stops and fines paid.
- Senate Bill 1369 – The driving under the influence/manslaughter mandatory minimum sentencing enhancement bill. The bill was killed at committee with the members of IFF voicing dissent. One IFF member debated that they needed to remain consistent and oppose the bill because it included mandatory minimum sentencing. The IFF scored the bill “-1.”
- Senate Bill 1413 – The swatting bill would have created a one to five year mandatory minimum sentencing guideline. The bill was killed at committee by IFF members who debated against it. The IFF scored the bill ‘-1.”
- Senate Bill 1428 – The military retirement tax exemption. The bill passed the Senate 22-10-3 with almost all IFC members against. The bill was killed in the House committee. The IFF scored the bill “-1” and claimed it was a “carve out” and unfair to other everyday Idahoans.
Based on the above, I met with a member of the IFF and discussed the ratings. I was told that the person scoring the bills was a “genius” with his interpretation of law, and he rates all of their bills for them. The IFF Rater is a contract employee for the IFF and has been for years. I also discovered the same person was also recently retained by the Idaho GOP to do website designs, and he has influence with the Idaho GOP Secretary (who is also part of the IFC) and the Idaho GOP Chairwoman. Coincidentally, the IDGOP Secretary’s husband is also the President of the IFF. So in essence, both organizations appear to be intertwined.
When I began looking into who was being tasked with scoring all of the legislative bills for Idaho, I confirmed that the same person who I alluded to earlier in this document, was in fact responsible. There are at least one or two others who also review bills and ratings, but one person has been tasked with the published ratings which are public record. Due to his articulated scores and positions on the intended legislation, I wanted to know what his background was (I will hereafter refer to this person as “The IFF Rater”). What I discovered was very disturbing.
I reviewed The IFF Rater’s ratings, his social media footprint and prior editorials that he had authored. The picture painted was one that I found reprehensible and downright counter to law and order in our land. He openly articulated in his own words as being overtly anti-government, anti-law enforcement, pro-drug and pro-criminal. He presents the bill ratings under the auspices of being a liberty-minded freedom loving Idahoan, while at the same time advocating and mocking his own extremist ideology. Based on what I have read, that he himself has posted or produced, he appears to be beyond a freedom loving American, and more closely resembles someone who aligns with a sovereign citizen anti-government movement.
I formed my opinion due to his repeated anti-law and order rhetoric and his articulated belief that any form of government is a tyranny. He also espouses a hatred for law enforcement and feels drugs should be legal, along with many other criminal acts that he does not deem as being criminal. I have printed and retained many of his writings and opinions that date back nine years to 2015. I can only imagine what exists before that date.
How many legislative bills has The IFF Rater arbitrarily scored poorly and effectively killed due to his personal ideology, which has in fact made Idaho less safe and less productive? It would not take much time to figure out. An audit of the last few legislative sessions alone would yield a trove of results that will undoubtedly establish a pattern. This document only contains some current bills that he has had a direct involvement in destroying due to his radical ideology. His actions are purposeful and ideologically driven. The narrative is that he merely grades “bad” legislative bills as such, but the reality and facts actually support a much different narrative and strategy.
Why are elected state representatives and senators being intimidated to follow a subjective scoring system that is slowly transforming our state right before our very eyes? The IFF Rater himself, nor anyone else at the IFF responsible for their operation, are elected government officials! The legislators have become programmed to feel a need to follow whatever The IFF Rater dictates and they themselves are now being unwittingly compromised. It is a very dangerous road and slippery slope that has formed in our state, and it is growing. It has succeeded in causing overall dissension within the republican party, and between the legislature, law enforcement, prosecutors, and everyday idahoans.
I would be remiss if I did not say, I do have a lot of respect for many of these IFF and IFC legislators. Many are good people who are just trying to do the right thing. The problem is this current arbitrary subjective system is oftentimes forcing them to conform, or risk the repercussions of not falling in line with the agenda. Repercussions that will cause them to be rated as poor legislators by the IFF/IFC, with bad subjective percentages and graded scores much like in a school setting (Letter grades A through F). Subsequently, the IFF and IFC will “primary” legislators in an election, and attempt to replace them with new legislators who will fall in line with their agenda. This is evidently supported by the upper echelon of the IFF, IFC, and Idaho GOP, because if it wasn’t it would not be happening.
Some extremely concerning examples of what the The IFF Rater has published/posted on his social media and website;
When The IFF Rater authored an op-ed in 2015, he stated:
“Ultimately a drug dealer isn’t all that different from a tire salesman.” He followed up that statement with, “there is no reason to fear a free market.”
When The IFF Rater authored an op-ed in 2016 titled “How to be a good juror,” he stated:
“Even if you are 100 percent positive that the defendant is guilty of violating the law, you have a second responsibility as well–you must judge the merits of the law. If the law is immoral, you must find the defendant not guilty in order to protect him from the unjust law.”
When The IFF Rater posted on social media on July 10, 2017, he stated:
“An action is what it is. It doesn’t change because of the actor’s identity. Kidnapping is still kidnaping (his spelling) even if it’s called an arrest.” He followed that up with another post that stated, “Just remember, shooting someone who is attempting to kidnap you is ALWAYS justified.”
When The IFF Rater posted on social media on February 26, 2022, he stated:
“Why do people continue to laud democracy? The majority are foolish at best and routinely embrace all manner of evil.”
When The IFF Rater posted a photograph of Idaho State Patrol Troopers on March 15, 2022, he posted the comment:
“The notion that it’s a ‘free country’ might be one of the most pernicious lies ever told.
When The IFF Rater posted on social media on November 2, 2022, he stated:
“Someone who clearly disliked me claimed that I was a ‘threat to democracy.’ It’s weird he chose to complement (his spelling) me despite his opposition to my beliefs.”
THIS IS THE PERSON WHO IS RATING LAW AND ORDER LEGISLATION FOR IDAHO?
There are many other posts and writings made by The IFF Rater (And as radio and television personality Dan Bongino would say, “I have the receipts”). They all follow a common theme of anti-law and order and anti-government ideology. The IFF Rater’s subjective IFF bill ratings and the unjust intimidation of elected officials to fall in line with his skewed ideology is and should be of extreme concern to many Idahoans, not just myself. I know that I have barely scratched the surface and I am almost afraid of what I will find. This is beyond a situation of First Amendment rights, because he’s actually following through with his statements by effectively controlling the laws passed, and not passed, for our entire state. He is effectively squashing legislation that he apparently feels does not align with his ideology. Again, those facts are contained in his own writings, and his subsequent corresponding ratings.
We don’t believe that The IFF Rater should have any influence over any pending legislation any longer. As a matter of fact, past bills he has had an integral part of defeating, should be reviewed and compared with public statements he made during those times. In our opinion, he should not even be associated with the Idaho GOP, or anyone else in government because he openly advocates for the abolishment of our style of government. The IFF Rater is actually a major factor in the disruption of our legislative body, and the divisiveness that is transpiring. It appears to be a successful strategy on his part. The reality is, If he were employed as an employee of any public entity, his employment would likely be terminated due to his open anti-law and order and anti-government beliefs. Most of which would conflict with any agency or company’s code of professional conduct.
This document reflects the facts of the matter. Much of it was abbreviated, and there is much more than what is contained here. This issue should be of the utmost concern for all Idahoans. I too, am a freedom loving, liberty-minded Idahoan who is disgusted with what is happening to our country. But this system of legislative ratings, something that looks extremely different from other conservative states, will transform our state before our very eyes. It already is, and as they say, the proof is in the pudding. Take a look at the rising crime rates, the acts of violence being perpetrated on our law enforcement members statewide, the soft sentencing and plea deals, the recidivism rates. We have to do something different, and intimidating Idaho legislators into voting for a radical ideology that is being systematically normalized, is not the answer. We have to do better!
It should be noted that on April 20, 2024, an Ada County Sheriff’s Deputy was shot and killed on a traffic stop by a suspect who had an outstanding warrant for his arrest. The IFF, IFC, and the Idaho GOP have yet to make an official statement of any sort, relating to the ambush murder of the deputy. I truly am not surprised, due to the fact The IFF Rater handles social media activity for those entities. And as a reminder of what is already documented earlier in this report and to really drive my point home, The IFF
Rater made a social media post on July 10, 2017. The post read, “An action is what it is. It doesn’t change because of the actor’s identity. Kidnapping is still kidnaping (his spelling) even if it’s called an arrest.” He followed that up with another post that stated, “Just remember, shooting someone who is attempting to kidnap you is ALWAYS justified.” That rhetoric is reprehensible and did not age well now did it?
I will close by reiterating an emphatic statement. There are good IFF and IFC legislators and management folks who really do care about our state. They do a lot of good things with some of the legislation before them, as I indicated in this document. The IFF Rater does make compelling arguments and ratings for some legislation advocating for protecting our children, our properties, our schools, our second amendment, lowering our taxes, attacking wasteful spending. Those are all very good things for Idaho. The glaring problem is that when the legislative bills involve anything to do with crime or drug enforcement, criminal sentencing and incarceration, or law enforcement support or funding, the IFF and IFC legislators are directed by The IFF Rater’s scores to impede those very serious topics. What the IFF/IFC legislators and The IFF Rater have failed, or outright refused to realize, is that being soft on crime and drugs completely undermines all the good that has been done.
Our state, our cities, and our towns will suffer the consequences by increasing crime, victimization, and the degradation of what the influx of drugs and crime causes. We need not look any further than Ontario Oregon which is right on our Idaho border, and it constantly bleeds over into our state. But then again, The IFF Rater has openly advocated for that end result, maybe without even realizing it. Aligning with a more liberal ideology on crime and drugs is what will be the IFF and IFC’s undoing, and it will cost us our state unless we stop it from happening. The ball is already rolling. Our Idaho citizens deserve better. Our Idaho law enforcement members deserve better.
Thank you for your time.
Respectfully,
Robert Gillis
Idaho Tough On Crime
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