Flood Center Warned Of Fema Raid, Lawyer Says Warrant Has Drawn Strong Protest From Clearwater County Officials

U.S. Attorney Betty Richardson says Idaho Attorney General Alan Lance’s office was told of plans to serve a search warrant on Clearwater County’s flood command center four days in advance.

And she contends state Law Enforcement Director Robert Sobba could have refused to allow Idaho State Police troopers to accompany Federal Emergency Management agents to the county on July 18.

Richardson said federal officials believed it would be helpful for Emergency Management personnel to have troopers stand by while they executed the search.

“Federal law enforcement officers often ask local law enforcement to stand by during searches,” she said in a July 29 letter to Sobba.

“In this particular matter, the FEMA agents were not acquainted with (Clearwater County) Sheriff Nick Albers and reasonably thought it would be appropriate to ask the Idaho State Police to stand by.”

Albers runs the county’s flood center.

Sobba told Richardson he was upset his office was not contacted beforehand. He said an Emergency Management agent notified him by phone the day before the warrant was served that Richardson advised the agent to take state officers for the raid.

Richardson said her office helped Emergency Management agents present evidence to the federal magistrate to support the warrant.

“It also is important to remember that FEMA is not an agency of the United States Department of Justice, but rather an independent federal agency,” she wrote in her letter to Sobba.

“While we seek to work cooperatively with all federal agencies, as well as state and local agencies, we cannot direct other agencies’ activities. We did, however ask FEMA agents to notify your office, and your office was in fact notified prior to the execution of the search warrant.”

Richardson said Sobba could always decline if he did not want his officers involved.

“I know of no unintended consequences other than the political heat which some are generating, but that is to be expected,” she wrote.

The raid has generated a storm of protest from Clearwater County officials. U.S. Rep Helen Chenoweth, R-Idaho, has complained to FEMA Director James Witt.

Sobba said he could have refused to sent troopers with the agents to the flood center.

“On the other hand, we knew there were going to be some ugly feelings and maybe it would help to have a third party in there,” he said.

Sobba said he still questions why federal agents used a search warrant instead of giving a subpoena to the county officials.

“We have to live and work with those people and I question the need for a search warrant,” he said, adding he has not answered Richardson’s letter.

“I made my point and obviously we disagree.”