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Idaho\u2019s new top federal prosecutor says civil rights and hate crime enforcement are top-of-mind for federal prosecutors both in Idaho and nationwide.<\/p>\n
BOISE, Idaho \u2014 <\/p>\n
This story originally appeared in the\u00a0<\/em><\/span>Idaho Press<\/em><\/span><\/a>.<\/em><\/span><\/p>\n<\/p><\/div>\n Idaho\u2019s new top federal prosecutor says civil rights and hate crime enforcement are top-of-mind for federal prosecutors both in Idaho and nationwide.<\/span><\/p>\n<\/p><\/div>\n \u201cIt\u2019s always been important,\u201d Josh\u00a0Hurwit\u00a0told the Idaho Press in an interview this week. \u201cBut with the rise in hate incidents that we\u2019ve seen really starting in the pandemic, and now continuing with various groups in Idaho and around the country, obviously the tragic shooting in Buffalo put this front and center.\u201d<\/span>\u00a0<\/p>\n<\/p><\/div>\n He declined to say whether his office is looking into the recent incident in Coeur d\u2019Alene in which\u00a0<\/span>31 members of the white nationalist Patriot Front were arrested<\/span><\/a>\u00a0and charged with conspiracy to riot as, packed in the back of a U-Haul truck, they headed to disrupt a Pride in the Park event in a local city park.<\/span>\u00a0<\/p>\n<\/p><\/div>\n \u201cUnder our policy, I can\u2019t answer that question,\u201d\u00a0Hurwit\u00a0said. \u201cI can\u2019t confirm or deny whether there\u2019s a federal investigation.\u201d<\/span>\u00a0<\/p>\n<\/p><\/div>\n \u201cBut I can say, and I want to say, that we are fully committed to protecting the civil rights of all Idahoans and enforcing the rule of law through the prosecution of hate crimes when that\u2019s appropriate,\u201d he said.<\/span>\u00a0<\/p>\n<\/p><\/div>\n Hurwit\u00a0has been an assistant United States attorney in Idaho since 2012, serving under both previous U.S. attorneys, Wendy Olson and Bart Davis. He counts both as mentors. He\u2019s taken a lead role in prosecuting the Aryan Knights white supremacist prison gang in Idaho, along with securities fraud prosecutions, environmental litigation, public corruption and firearms offenses.<\/span>\u00a0<\/p>\n<\/p><\/div>\n \u201cI think it\u2019s important to also say that one of our jobs is to protect First Amendment expression,\u201d\u00a0Hurwit\u00a0said. \u201cBeliefs in and of themselves are not crimes. I want to be clear. When we discuss this as an office, when we investigate and we prosecute violent extremists, what we are investigating and prosecuting is\u00a0the criminal\u00a0conduct, violence most likely, and not their beliefs or ideology, however abhorrent that is.\u201d<\/span>\u00a0<\/p>\n<\/p><\/div>\n He noted he grew\u00a0up\u00a0Oregon.<\/span>\u00a0<\/p>\n<\/p><\/div>\n \u201cI was aware as a kid of the Aryan Nations,\u201d\u00a0Hurwit\u00a0said. \u201cAnd I\u2019ve been prosecuting the Aryan Knights case. \u2026\u00a0So\u00a0I\u2019ve observed first-hand that our state still has a long way to go. I don\u2019t think that\u2019s a surprise to anyone.\u201d<\/span>\u00a0<\/p>\n<\/p><\/div>\n \u201cIn addition to that First Amendment principle, I do think it\u2019s important to say clearly that racism and white supremacy and anti-Semitism and white nationalism and homophobia are wrong, and they are inconsistent with what our country stands for,\u201d he said. \u201cI\u2019m hopeful that more leaders from all walks of life will stand up and be clear about that.\u201d<\/span>\u00a0<\/p>\n<\/p><\/div>\n Hurwit, 42, graduated from Stanford University in 2002 and from Harvard Law School in 2006. He clerked for a U.S. District judge in New York and worked at national law firms before joining the U.S attorney\u2019s office in Idaho. He\u2019s taught as an adjunct professor at the University of Idaho College of Law, volunteered his time speaking to high school students about the criminal justice system and served on the boards of local non-profits.<\/span>\u00a0<\/p>\n<\/p><\/div>\n Hurwit\u00a0said other areas of focus for his office in his term are public safety, including drug trafficking, child exploitation cases and firearms offenses; partnerships with the state\u2019s five Native American tribes; protecting the environment and natural resources; and financial crimes, including prosecuting abuses of federal pandemic aid programs.<\/span>\u00a0<\/p>\n<\/p><\/div>\n On public safety, he said, there are three main areas in which cases are prosecuted federally, \u201calthough our state partners also may handle these cases.\u201d Drug trafficking is a major one. \u201cFentanyl is a huge problem in our communities, in our rural communities, not just the Treasure Valley or the more populated areas,\u201d\u00a0Hurwit\u00a0said. \u201cSo that\u2019s something we\u2019re working to develop strategies on and have had success \u2013 I want to continue that.\u201d<\/span>\u00a0<\/p>\n<\/p><\/div>\n Child exploitation cases are another category of crime that overlaps with federal prosecutions, he said, along with state. \u201cWith the advent of the internet, that\u2019s something we have to be on the cutting edge about,\u201d he said, \u201cas these criminals use different social media and file-sharing platforms to try to stay anonymous.\u201d<\/span>\u00a0<\/p>\n<\/p><\/div>\n On firearms offenses, he said, \u201cGun violence is a problem in all parts of the nation. Idaho is no exception.\u00a0So\u00a0we need to continue to work\u00a0really hard\u00a0to make sure that people who are prevented from possessing firearms do not in fact possess them.\u201d<\/span>\u00a0<\/p>\n<\/p><\/div>\n Working in partnership with sovereign tribes in the state is another area of focus. \u201cI\u2019m looking forward to partnering with them to enhance safety in tribal communities,\u201d\u00a0Hurwit\u00a0said. \u201cWe have law enforcement near many of the reservations in the state. That really is a partnership.\u201d<\/span>\u00a0<\/p>\n<\/p><\/div>\n \u201cIt\u2019s unique that these are sovereign nations and sovereign peoples, that we really have a relationship of trust that we need to build and maintain in order to serve them better,\u201d he said.<\/span>\u00a0<\/p>\n<\/p><\/div>\n In a state like Idaho,\u00a0Hurwit\u00a0said, protecting the environment and natural resources\u00a0also is\u00a0a high priority. \u201cTo me, that\u2019s not just the beauty and the mountains, the rivers and the lakes that we enjoy, but also our farming and ranch resources and those communities,\u201d he said. \u201cI think Idahoans of all beliefs really appreciate living in the state because of our resources. I think they bring people together.\u201d<\/span>\u00a0<\/p>\n<\/p><\/div>\n That work ranges from prosecuting those who violate pollution laws to \u201ctaking thoughtful positions in litigation involving lands or ranching interests,\u201d\u00a0Hurwit\u00a0said. \u201cBecause our role is to protect these resources for all Idahoans, to let people enjoy the outdoors but also to protect the resources so that people of Idaho can benefit from those resources.\u201d<\/span>\u00a0<\/p>\n<\/p><\/div>\n Environmental enforcement is a priority for the U.S. Department of Justice,\u00a0Hurwit\u00a0noted, including \u201cenvironmental justice for communities that are socioeconomically disadvantaged. Traditionally, across the country, they have had more significant problems with the environment and the resources.\u201d<\/span>\u00a0<\/p>\n<\/p><\/div>\n \u201cThat applies in Idaho as well,\u201d he said. \u201cIf you look at our rural communities, they have less resources to make sure that their water and their air is what it should be.\u00a0So\u00a0we want to help there.\u201d<\/span>\u00a0<\/p>\n<\/p><\/div>\n Idaho\u2019s U.S. attorney\u2019s office also plays a significant role in prosecuting financial crimes; that\u2019s something\u00a0Hurwit\u2019s\u00a0been involved with over the past decade, including successfully prosecuting a major securities and wire fraud case surrounding the collapse of DBSI Inc. of Meridian. Four former executives were convicted on dozens of\u00a0fraud\u00a0counts for misleading investors, leading to huge losses for the victims; the convictions all were upheld by the U.S. Court of Appeals for the 9th Circuit in 2014.<\/span>\u00a0<\/p>\n<\/p><\/div>\n Hurwit\u00a0said financial crimes are in the spotlight now \u201cbecause of the fraud that we\u2019re seeing stemming from the various COVID relief programs that were pushed out earlier in the pandemic.\u201d<\/span>\u00a0<\/p>\n<\/p><\/div>\n Already, his office has announced one major prosecution, of former Idaho GOP congressional candidate Nicholas Jones, who pled guilty June 1 to wire fraud and falsification of records for diverting hundreds of thousands of dollars of pandemic aid, including\u00a0from Paycheck Protection Program and Economic Injury Disaster loans,\u00a0to personal expenses and political advertisements.<\/span>\u00a0<\/p>\n<\/p><\/div>\n \u201cThat was our first large COVID fraud-related case,\u201d\u00a0Hurwit\u00a0said; he prosecuted it. The office also obtained a $762,000 default judgment in March in a civil case relating to an agriculture aid program tied to the pandemic.<\/span>\u00a0<\/p>\n<\/p><\/div>\n \u201cThere are a lot of criminals in Idaho and around the country who have taken advantage of those relief programs that were meant to shore up the economy and help people \u2013 people have taken advantage of those to enrich themselves,\u201d\u00a0Hurwit\u00a0said. \u201cWe are working really hard, and we\u2019re going to continue to do that, to uncover those folks and their crimes, and ultimately to recover as much of the stolen funds and proceeds as we can for the taxpayer.\u201d<\/span>\u00a0<\/p>\n<\/p><\/div>\n He added, \u201cAs I talk about these priorities, there\u2019s no part of our work that we do here, and we do so much, that will be de-emphasized.\u201d<\/span>\u00a0<\/p>\n<\/p><\/div>\n The lines between local, state and federal prosecution and law enforcement can overlap.\u00a0Hurwit\u00a0said they work in partnership. \u201cWe work really well to de-conflict and to make the decision about which jurisdiction is the best jurisdiction to pursue a case,\u201d he said.<\/span>\u00a0<\/p>\n<\/p><\/div>\n Hurwit, who was sworn in last Friday, said there won\u2019t be a lot that changes in the U.S. attorney\u2019s office due to his taking office; everyone there, except for the U.S attorney himself, is a career employee. \u201cWe make hard decisions on a daily basis,\u201d he said. \u201cWe make decisions that affect people\u2019s lives in a very real way. We don\u2019t do that quickly. We take it very seriously.\u201d<\/span>\u00a0<\/p>\n<\/p><\/div>\n Davis said, \u201cI have confidence in him; I have confidence in his approach to problem-solving. I know that our law enforcement partners have every reason in the world to have confidence in\u00a0his\u00a0judgment, and I believe he\u2019ll be very thoughtful, and hesitant when\u00a0he\u00a0should be. He\u2019s just going to do a fine job for us as the U.S. attorney in our district.\u201d<\/span>\u00a0<\/p>\n<\/p><\/div>\n As is customary when there\u2019s a partisan change in administrations, Davis stepped down from the post Feb. 28, 2021. In the interim, First Assistant U.S. Attorney Rafael Gonzalez Jr. served as acting U.S. attorney for Idaho.<\/span>\u00a0<\/p>\n<\/p><\/div>\n Hurwit\u00a0said, \u201cMr. Gonzalez has made lasting contributions to our office not only through his internal leadership and mentorship, but also through the relationships he has built with law enforcement and other partners throughout Idaho. He is a true public servant.\u201d<\/span>\u00a0<\/p>\n<\/p><\/div>\n Olson, who first hired\u00a0Hurwit\u00a0in 2012, said, \u201cJosh is an extremely talented lawyer, a hard worker, and a good listener. He is committed to civil rights work and to building on Rafael Gonzalez\u2019s outreach to civil rights leaders and diverse communities throughout Idaho. The people of Idaho will be well served by his commitment to justice and the rule of law.\u201d<\/span>\u00a0<\/p>\n<\/p><\/div>\n Asked if there\u2019s something about Idaho\u2019s U.S. attorney\u2019s office that people may not know,\u00a0Hurwit\u00a0said, \u201cI would like them to know just how dedicated our office is and our individual employees are.\u201d<\/span>\u00a0<\/p>\n<\/p><\/div>\n \u201cOn any given Sunday, as the saying goes, there\u2019s going to be people here preparing their cases, doing their research. I\u2019m just so fortunate to be part of this office,\u201d he said.<\/span>\u00a0<\/p>\n<\/p><\/div>\n \u201cI think that if the public could see just how hard-working our employees are and how they\u2019re committed to making the right decisions and doing the right things, there\u2019d be a lot more confidence, I think, in our government as a whole.\u201d<\/span>\u00a0<\/p>\n<\/p><\/div>\n This story originally appeared in the\u00a0<\/em><\/span>Idaho Press<\/em><\/span><\/a>. Read more at\u00a0<\/em><\/span>IdahoPress.com<\/em><\/span><\/a>\u00a0<\/em><\/p>\n<\/p><\/div>\n