‘30 days to produce’: AG Knudsen acts on threat to invoke control over Cromwell

Montana Attorney General Austin Knudsen has followed through on his warnings to County Attorney Audrey Cromwell by issuing another ultimatum: Comply and reverse a policy regarding Immigration and Customs Enforcement or lose control.

Knudsen’s order Thursday marks the fifth back-and-forth rebuke between the elected officials after Cromwell formally responded Monday, Knudsen’s original deadline, reiterating she has no policy to rescind. In the same correspondence, Cromwell stood firm on her April 6 counter-demand that Knudsen “fulfill his statutory duty” by issuing a formal legal opinion on their rift.

Knudsen gave Cromwell 30 days to provide satisfactory records to his office, including sharing confidential criminal justice information with ICE for all lawful purposes, civil administration immigration matters, relevant documents, records, and communication, according to a press release headlined “Attorney General Knudsen invokes supervisory control over Gallatin County Attorney’s Office”.

The Chronicle on Thursday morning contacted Cromwell, who indicated a response from her office is imminent.

“The legal issue raised by the attorney general is not about personalities or partisan politics,” Cromwell, a Democrat, told the Chronicle on Monday. “It is about adherence to the rule of law, respect for constitutional rights, and the proper roles of our respective offices.”

Knudsen, a Republican, responded Thursday.

“The cognitive dissonance in your reply is astounding,” he says in the release. “You have now sworn under oath that there is no policy regarding sharing Confidential Criminal Justice Information with ICE. “

Knudsen’s use of “under oath” suggests Cromwell testified to her office policy via an affidavit, testimony, or official response with legal consequences.

Official responses from a Montana county attorney’s office are subject to legal, ethical, and professional consequences, per the Montana Bar Association. Official acts are governed by strict candor requirements and falsification charges.

“Yet you also maintain that, under your novel interpretation of Montana law, Gallatin County will not share CCJI with ICE for civil immigration enforcement purposes without a court order,” Knudsen continued. “Both things cannot be true.”

Knudsen already oversees county prosecutors and can assist with their cases. The attorney general can exercise supervisory powers over county attorneys in their official duties, including requiring reports on public business, per the Montana Legislature and the state Department of Justice.

Knudsen made no mention of Cromwell’s request to issue a binding legal opinion on the dispute in his Thursday communication. He denied Cromwell in his April 23 reply.

“The time to request a legal opinion was before issuing a communicae that ICE is not always a criminal justice agency,” Knudsen said at the time. “The request is denied.”

Knudsen says Cromwell’s office did inform immigration officials it does not legally recognize ICE as a law-enforcement agency entitled to confidential criminal justice information. That was in an October 2025 email from Cromwell’s assistant, Jack Veil.

“I am writing to inform you that the Gallatin County Attorney’s Office does not legally recognize Immigration and Customs Enforcement as a law enforcement agency entitled to receive CCJI,” Veil wrote then.

When an attorney general’s opinion conflicts with a county attorney’s, the attorney general’s opinion is deemed controlling unless it is reversed or modified by a judicial decision, according to the state.