Hedberg Gets a Restraining Order
Against the CC Sheriff’s Office
Forbids SO from Seizing the Tribune’s Computers
What’s Up With That?
by George Gramlich,
Sangre de Cristo Sentinel
News and Commentary
We have said it before, and we are saying it again, “General Hospital/As The World Turns” has got nothing on Custer County’s continuing political drama. Almost every week we have a new chapter. Some good and some bad. This one is bad.
This week’s episode involves the Editor of the Wet Mountain Tribune, Jordan “Red Bug” Hedberg and his effort to prevent the Custer County Sheriff’s Office (CCSO) from, possibly, in the future, obtaining a search warrant to seize the Hedberg’s or the Tribune’s computers, electronic devices and various documents via a valid criminal search warrant.
On September 3, 2024, Hedberg obtained a Temporary Restraining Order (TRO) from the 11th Judicial District Court (from Judge Lynette Wenner) ordering Sheriff Smith and the CCSO “To refrain from using any and all means to seize any of Plaintiff’s records and communication devices , including but not limited to paper records, mail and notes, electronic records and emails, texts, telephones, computers, and otherwise, whatsoever.”
Why would Hedberg get a TRO preventing the CCSO from possibly getting a valid search warrant? In Hedberg’s affidavit supporting the TRO, he alleges that his and the Tribune’s records, etc. are protected under the Colorado Press Shield Law as well as the federal Privacy Protection Act.
The affidavit states that,
“Defendants are actively threatening Plaintiffs’ business by indicating that Plaintiff’s records and communication devices including the names of their journalistic sources.
Thus, Plaintiffs’ will suffer irreparable harm absent entry of an order prohibiting Defendants from seizing Plaintiffs’ records and communication devices or other misconduct in violation of Defendants’ legal rights and constitutional protections to conduct the business of publishing a newspaper.” (The bold words are emphasis added by this writer.)
Note the bolded words in the above quote. We’ll get to that in a minute.
A court hearing to determine if the TRO should be permanent must be held within 15 days of the TRO issuance. We have been informed it will be in the Custer County courthouse on September 17 or 18.
So what did Hedberg use to justify this fairly extreme measure to prevent local LEO from seizing his computers, etc.? In the affidavit, Hedberg states that he received an email “from Defendant Lloyd Smith (see, Exhibit A), the Sheriff of Custer County, in response to questions I had asked regarding the Sheriff hiring a man, Mark Cook….” Hedberg then states in the affidavit, “At the end of the email, Sheriff Smith stated, “I do have a quick question for you: Is Jordan Benson a formal member of your campaign or would you consider him a long term political advisor for you?” This unexpected question I consider a threat against myself and my newspaper.” Right after this statement Hedberg states that the CCSO “executed a search warrant on the Custer County I.T. employee Jordan Benson, seizing all of Mr. Benson’s phones, computers and electronic equipment in his car and in his home.”
Let’s back up a minute. The Sentinel reported last week that a Custer County employee had a search warrant served against him and that it concerned cyber spying on various Custer County computers, including some in the Sheriff’s Office. We did not name the employee. Hedberg named him in the affidavit.
So what is the relationship between Hedberg and Benson and why is Hedberg getting a TRO?
Benson has been an IT employee at Custer County for several years. He has repeatedly stated to many people of his political ambitions, including wanting to be a Custer County Commissioner someday. Although not being active virtually at all in the Custer County Republican Party, Benson sought and was elected Custer County Republican Central Committee (CCRCC) Chair last year. (He was elected by the old RINO faction of the party to prevent the MAGA section from getting the Chair position.) Right off the bat his reign was a disaster with canceled meetings and a total lack of communication. After just a few months, Benson abruptly resigned via an email with no explanation whatsoever.
Benson and Hedberg are known to be friendly. Benson was one of the main sponsors of Hedberg’s bizarre attempt to become Chair of the CCRCC, again to prevent the MAGA folks from getting it. (It was a close call, but the MAGA people prevailed with Jack Canterbury getting the slot. Note that Hedberg was registered as Unaffiliated for a long time and just last year suddenly changed his registration to Republican for some unknown reason. After he did that, he tried to grab the CCRCC Chair spot despite not being involved with the CCRCC in any significant way. After he lost, he changed his affiliation back to Unaffiliated. So, obviously, not a lot of loyalty there.)
Benson is obviously a suspect regarding the hacking into the County’s computers (including the Sheriff’s Office). It is possible that incriminating evidence regarding the alleged hacking is on Benson’s computers. This could include communications with other people, including emails, that could contain stolen County information. If this is true, then it is possible that these communications, especially emails, would include the address of the recipient. This would give law enforcement valid reason to obtain a search warrant to search the computers/electronic devices of the alleged recipients.
So one would definitely question the reason and timing of Hedberg’s obtaining a TRO right after the search warrants were executed on Benson’s equipment. Hedberg using Sheriff Smith’s simple question about his relationship with Benson is, in many people’s opinions, a pretty flimsy excuse for a TRO to prevent a POSSIBLE future search warrant. (A lawyer we consulted with said granting a Press/Confidential Sources TRO, no matter how poor the reason is, is fairly common. It is only temporary. Whether this somewhat shaky reasons for getting a TRO holds up will be decided in next week’s court hearing.)
One would not be out of line saying if Hedberg had nothing to hide, why obtain a TRO?
Let’s take a look at the legal provisions protecting the media (both state and federal as noted above). And also note the wording in Hedberg’s affidavit, “journalistic sources” and “publishing a newspaper”.
The legal protections afforded in these laws are for the production of news articles. Hedberg’s own words are “journalistic sources” and “publishing a newspaper”. These protections do NOT apply to the use of stolen, confidential information for personal or political gain. For oneself or for the people who one would support in the political world.
Hedberg is not only a publisher, he is heavily involved in the political process in the county, including: Running for Chair of the CCRCC, supporting the disgraced ex-commissioner Tom Flower in the recall against Flower, supporting the lefty Deb Adams in her campaign for county commissioner (via posting her campaign poster in the Tribune’s Main Street window), constantly commenting via Zoom during Board of County Commissioner (BOCC) meetings, threatening to sue the BOCC if they proceeded with having a seminar on voting integrity, and finally, (currently) RUNNING FOR COUNTY COMMISSIONER! Hedberg wants to be a politician in Custer County.
So, do the legal protections for “journalistic sources” for a newspaper cover the use of stolen information for personal political gain or for the political purposes of other people? The answer is NO. The protections are for the production of news in the media arena and not for the personal use of stolen data.
We are NOT saying that Hedberg did anything wrong. He has the right to ask for TRO. For any reasons he thinks is justifiable. But the timing of the TRO request after the Benson search warrant execution raises questions. One in particular: if Hedberg has done nothing wrong, why get a TRO? Maybe he has a fear of being persecuted by law enforcement. Maybe that fear is justified. But maybe there are other reasons.
This drama, even after the court hearing on the TRO next week, is going to take some time to be resolved as the CBI is the investigative agency and they are back logged with work.
But don’t forget Occam’s Razor problem solving principle, the popular saying for it is, “The simplest explanation is usually the best one.”
Press Release
We would like to give a huge thank you to all of the artists for their hard work and amazing birdhouses. Without you, none of this would be possible.
Cheryl Swartz Jewelry and Loree and Chris Lund sponsored the kid’s prizes. Dundee Dog Park is providing the adult prizes. ‘Twice the Ice’ sponsored our artists’ entry fees for the fifth year in a row! We really appreciate you! We encourage everyone to participate in this fun and exciting event. We greatly appreciate your support.