Attorney General Knudsen files response in Gallatin County Attorney case

HELENA – In his reply filed today, Attorney General Austin Knudsen asked the Montana Supreme Court to dismiss Gallatin County Attorney Audrey Cromwell’s petition requesting the Attorney General’s supervisory control be terminated. Attorney General Knudsen invoked supervisory authority on April 30 when Cromwell refused to rescind her unlawful policy refusing to recognize Immigration and Customs Enforcement (ICE) as a “criminal justice agency” and share confidential criminal justice information with them.

As outlined in the reply, Cromwell’s request for the Supreme Court to take up the case, Cromwell v. Knudsen, should be denied because she is asking the court to rule on a political issue – not a legal question. Additionally, Cromwell lacks standing to challenge Attorney General Knudsen’s authority because she has not been injured and would violate the Montana Constitution as any decision made by the court on the merits of this case would simply be an advisory opinion.

“The code governs her office’s relationship vis-à-vis the Attorney General; that statute in turn makes this a political question. And the Montana Legislature has declared that she has no right or duty to interpret and apply this statute independent of the Attorney General’s authority,” Attorney General Knudsen wrote.

The legislature granted the Attorney General authority “to exercise supervisory powers over county attorneys in all matters pertaining to the duties of their offices and from time to time require of them reports as to the condition of public business entrusted to their charge.” And specified that“[t]he supervisory powers granted to the attorney general by this subsection include the power to order and direct county attorneys in all matters pertaining to the duties of their office.”

On May 14, Attorney General Knudsen filed his first response with the Montana Supreme Court asking for the case to be dismissed.