Two Sweetwater County lawmakers seeking re-election filed a defamation suit Thursday against a political action committee affiliated with the hard-line Wyoming Freedom Caucus over mailers that attack them over a vote they say never happened. 

The Wyoming Legislature has never in its history considered, debated, nor voted on any proposal to remove former President Donald Trump from the ballot in any election, in any state. But political mailers and text messages sent by WY Freedom PAC claim otherwise, as WyoFile first reported last week.  

More specifically, the PAC told voters that Reps. Lloyd Larsen (R-Lander), J.T. Larson (R-Rock Springs), Cody Wylie (R-Rock Springs) and Dan Zwonitzer (R-Cheyenne) voted to remove Trump from the ballot. 

And recently, similar mailers targeting Rep. Landon Brown (R-Cheyenne) hit mailboxes in Laramie County this week. 

“If it was critical of my voting record, that would have been fine. I wouldn’t have said a word,” Wylie told WyoFile. “But this is just blatantly creating lies to try to affect the election cycle.”

Wylie and Larson are the two plaintiffs in the case. Both are running opposed in the Republican primary. Rep. Clark Stith (R-Rock Springs) — House speaker pro tempore and a prominent member of the traditionalist Wyoming Caucus — is their attorney. 

The lawsuit alleges the PAC knew its statements were false and made them with actual malice — a legal standard in defamation cases involving public figures or officials. 

“Wyoming Freedom Caucus has indicated its intention to continue making these false statements concerning Wylie and Larson, despite an oral request from Wylie and Larson that it stop making such statements,” the complaint states. 

Whether to remove former President Donald Trump from the ballot this November was never up for consideration or voted on by the Wyoming Legislature, but mailers sent to voters across Wyoming this week claim otherwise. Two lawmakers are now suing. (photo collage by Tennessee Watson/WyoFile)

Stith contacted Kari Drost, the PAC’s chairman, on Wednesday, according to the suit. 

“Counsel for Plaintiffs requested that Defendant stop making statements concerning Cody Wylie and JT Larson that they had voted to remove Trump’s name from the ballot or had voted no on keeping Trump on the ballot,” the complaint states. “Ms. Drost refused saying ‘we will continue making those statements.’”

The lawsuit is seeking financial damages of at least $50,000 for each plaintiff, and alleges that Wylie’s local construction company has suffered damages. 

Wyoming Freedom Caucus Chairman Rep. John Bear (R-Gillette) previously told WyoFile the statement on the mailers was in reference to a budget bill footnote intended to bar the Wyoming Secretary of State’s office from using state funds to engage in out-of-state lawsuits. 

Bear said the vote over the footnote was “effectively” a vote for or against Trump being on the ballot. 

Reached by phone on Thursday, Bear said he hadn’t seen the complaint. 

“We haven’t been served yet, so we’re not even sure it’s legit,” Bear said. 

“This is just like the Democrats trying to keep Trump off the ballot,” Bear said. “This is lawfare by liberals trying to keep conservatives from being effective.”

Drost said she was unaware of the suit when WyoFile contacted her Thursday. 

“A lawsuit sounds a lot like ‘lawfare’ and what the left is doing to try to shut Donald Trump up,” Drost wrote in an email. “Are you telling me the leftists in WY are trying to do the same to shut me and the WY Freedom PAC up?”

The lawsuit was filed in the 3rd Judicial District in Sweetwater County. 

Maggie Mullen reports on state government and politics. Before joining WyoFile in 2022, she spent five years at Wyoming Public Radio.

Join the Conversation

10 Comments

WyoFile's goal is to provide readers with information and ideas that foster constructive conversations about the issues and opportunities our communities face. One small piece of how we do that is by offering a space below each story for readers to share perspectives, experiences and insights. For this to work, we need your help.

What we're looking for: 

  • Your real name — first and last. 
  • Direct responses to the article. Tell us how your experience relates to the story.
  • The truth. Share factual information that adds context to the reporting.
  • Thoughtful answers to questions raised by the reporting or other commenters.
  • Tips that could advance our reporting on the topic.
  • No more than three comments per story, including replies. 

What we block from our comments section, when we see it:

  • Pseudonyms. WyoFile stands behind everything we publish, and we expect commenters to do the same by using their real name.
  • Comments that are not directly relevant to the article. 
  • Demonstrably false claims, what-about-isms, references to debunked lines of rhetoric, professional political talking points or links to sites trafficking in misinformation.
  • Personal attacks, profanity, discriminatory language or threats.
  • Arguments with other commenters.

Other important things to know: 

  • Appearing in WyoFile’s comments section is a privilege, not a right or entitlement. 
  • We’re a small team and our first priority is reporting. Depending on what’s going on, comments may be moderated 24 to 48 hours from when they’re submitted — or even later. If you comment in the evening or on the weekend, please be patient. We’ll get to it when we’re back in the office.
  • We’re not interested in managing squeaky wheels, and even if we wanted to, we don't have time to address every single commenter’s grievance. 
  • Try as we might, we will make mistakes. We’ll fail to catch aliases, mistakenly allow folks to exceed the comment limit and occasionally miss false statements. If that’s going to upset you, it’s probably best to just stick with our journalism and avoid the comments section.
  • We don’t mediate disputes between commenters. If you have concerns about another commenter, please don’t bring them to us.

The bottom line:

If you repeatedly push the boundaries, make unreasonable demands, get caught lying or generally cause trouble, we will stop approving your comments — maybe forever. Such moderation decisions are not negotiable or subject to explanation. If civil and constructive conversation is not your goal, then our comments section is not for you. 

Your email address will not be published. Required fields are marked *

  1. I know both Cody and JT. They are solid honest conservatives with the common sense to vote for those items that are good for the state of Wyoming. Unlike the Freedom caucus the is told how to vote by a mostly Florida group. For example the Freedom caucus has stated in their arguments about gender identity issues and other matters should not dealt with by the schools and should be the parents deciding how children are to treated. Recently an Utah school tried to help Gavin Peterson. The parents pulled Gavin out of school. Family service tried but were stopped by the parents. Absolute parent rights as espoused by the Freedom caucus be damned. What about rights of the children when a caring school employee is only place they may seek help from abuse. Gavin’s parents are in jail for his murder. Please do not support the lying radical right wing Freedom Caucus. Support those who want to govern with common sense decency

  2. This shows not only their lack of integrity, but their lack of confidence in their bad ideas. Voters don’t want what they are serving, so they have to cheat to win – just like their deranged leader, DJT.

  3. I was waiting for these mailers to hit Uinta County, and they did last week. A glowing mailer for Robert Wharff with the usual agenda of defending against the <25% voters "leftist" agenda (still not quite sure how a small minority has that much power!), defending our freedoms (that are only at risk from the Freedom caucus), and parental rights for strong education (while his mailer contained a glaring typo no one bothered to fix).
    Meanwhile "RHINO" mailer went on on Ryan Burger that contained outright lies, took votes out of context that he voted on (like he single handedly defeated them) and misrepresented other bills as doing something they weren't (allowing undocumented people to get drivers licenses in Wy – which they already can't).
    I in no way agreed with many of Berger's votes, however is one of the few "traditional" Republican's trying to keep our state from falling into the hands of the Freedom Caucus. He's also a reason I'm a registered Republican since most Wyoming elections are decided in the primaries.

  4. Gotta love Bear and Drost! They lie and mislead with impunity. When anyone tries to hold them accountable, they call it lawfare. (The worst examples of lawfare I’ve seen lately have come from the Republican Supreme Court – supreme only in arrogance and corruption.) I must have missed the memo, so forgive me for having to ask: When did dishonesty become a Wyoming value?

  5. It is past time to vote the Freedumb members out. They are attempting to destroy our rights, our ability to vote and spreading lies after lie. Voters need to recognize that Wyoming has always been a Republican state but we vote for people, not party or caucus members. They don’t believe bin that. They take directions from out of state people and have no actual interest in government for the citizens of this state. If you like having out of state control in our community you should not vote. Voting is supposed to bring people to the table who are willing and able to work together, to determine what is best for all citizens in this state. These out of state control freaks have no idea what is the desires and needs if this state are. They just lie. Wake up. I am fifth generation and I will not tolerate this fascism being integrated into our culture and government. You should feel exactly the same.

  6. Good for these Sweetwater County lawmakers! We need to speak out against lies, disinformation and defamation that the “Freedom” Caucus has been using for far too long.

  7. John Bear has serious issues when it comes to integrity and ethics. His attempts to justify these mailers containing outright lies, against his fellow Republicans no less, indicate a complete lack of decency. Ronald Reagan’s 11th commandment is dead and buried in today’s MAGA Republican party.

    1. In the wyofile election guide, John Bear speaks of governing by his “core values”.

      Apparently honesty and integrity didn’t make the cut. His “core values” are lies, misinformation, and political longevity. It’s what expected from these freedumb caucus folks.

  8. The freedumb caucus trying to defend the lies they perpetuate about candidates they don’t like is hilarious.

    But, it’s sad that the low information voters of Wyoming defend them. Gullible boomers are a drag on our current society.