I mean... maybe. Judges do have a certain amount of discretion and ability to interpret. But they are also supposed to stay within the law, and not just go t

I mean... maybe. Judges do have a certain amount of discretion and ability to interpret. But they are also supposed to stay within the law, and not just go to "well, this seems like the right thing to do." If a Judge wanted to ignore this and seat a jury from... where? Somewhere else in Idaho? Then they'd probably at least need to advance a theory for why they got to do that in their response to your motion. Now, as others have pointed out, unless you could plausibly assert that the crime was wholly and totally contained within the zone of death, and you didn't plan it outside the area or purchase items with the intent to use them in the crime or so forth, there is existing precedent to use that place as a venue for the crime. But we're talking about a Constitutional right in terms of jury seating. Judges don't get to just wave their hands and say, "Well, the Constitution is dumb, so we won't do that." If they do, it's likely to get overturned on appeal. (I am not a lawyer; this is not legal advice; don't commit felonies)