AG Knudsen orders Cromwell to end Montana Supreme Court case, cancel her counsel

Asserting supervisory control on Monday, Montana Attorney General Austin Knudsen ordered Gallatin County Attorney Audrey Cromwell to withdraw her Montana Supreme Court filing from Friday and cancel her legal representation.

For Cromwell, Montana’s constitutional right to privacy is the crux of her dispute. For Knudsen, if his order stands, the issue ends here — on his terms.

“Pursuant to Mont. Code Annotated, I am exercising supervisory authority over the Gallatin County Attorney, Audrey Cromwell, in her official capacity as Gallatin County Attorney,” reads Knudsen’s order of control of control addressing Cromwell and her attorney, Raph Graybill. “(Cromwell is) hereby ordered and directed to dismiss this matter immediately. The Gallatin County Attorney’s Office is further directed to terminate its representation agreement with the Graybill Law Firm.”

Knudsen’s mandate copies Governor Greg Gianforte and Gallatin County Sheriff Dan Springer. Under Montana law, the Attorney General can order and direct county attorneys in all matters pertaining to their duties, including instructing them to institute or stop prosecuting specific civil or criminal actions, per the state legislature.

Cromwell’s petition for declaratory relief from Graybill and Rachel Parker of Graybill Law Firm in Great Falls, asks the state Supreme Court to determine whether Confidential Criminal Justice Information can be disclosed to ICE for civil or administrative purposes without a court order. Knudsen’s order directly addresses her counsel, who aren’t backing down.

“Cromwell will continue to retain independent counsel to assist her in seeking the Court’s jurisdiction,” Graybill said via email to Knudsen — which he shared with the Chronicle — signaling he isn’t going anywhere. “(The petition for declaratory relief) raises, among other issues, the lawfulness of your decision to assert supervisory control over County Attorney Cromwell’s office.”

“That question is now before the Montana Supreme Court, which will decide whether to exercise its jurisdiction. This office is unaware of any authority stating that an Attorney General’s decision to invoke supervisory control is immune from judicial review.”

“As a reminder, on April 2 and April 23, AG Knudsen demanded (Cromwell) rescind her immigration policy,” Chase Scheuer, Knudsen’s communications director, said in an email to the Chronicle. “In both her responses to the AG, she failed to rescind the policy, contradicting the facts of the matter. Her responses led Attorney General Knudsen to invoke supervisory control over her office on issues related to her policy.”

The Attorney General’s latest public communication in the inter-agency clash marks the seventh rebuke in the nearly month-long argument between the elected officials over an email from Cromwell’s assistant, Jack Veil, six months prior. The Chronicle contacted Cromwell, who is directing all future comments on the rift through Graybill.

“To be clear: My office does not have a formal or informal policy, rule, or order regarding the sharing of information with ICE,” Cromwell said on April 27.