One for Cromwell: Supreme Court orders AG Knudsen to respond in ICE clash

The Montana Supreme Court on Tuesday ordered Attorney General Austin Knudsen to respond to a petition filed by Gallatin County Attorney Audrey Cromwell’s legal counsel with the court last week.

“IT IS ORDERED that Respondent Austin Miles Knudsen, in his official capacity as Montana Attorney General, is granted until the close of business on Thursday, May 14, 2026, to prepare, file, and serve a response(s) to the petition for declaratory judgment on original jurisdiction,” reads the decision from Justice Jeremiah Sheah.

The development marks a temporary win for Cromwell’s legal counsel, Raph Graybill and Rachel Parker, of Graybill Law from Great Falls, who stayed in the fray despite Knudsen ordering Cromwell on Monday to withdraw her court filing and dismiss her attorneys last week.

“The Attorney General will respond to the court’s order,” Chase Scheuer, Knudsen’s communications director, said in an email to the Chronicle.

The decision appears to represent a temporary setback for Knudsen after denying Cromwell’s request for a binding legal opinion on April 23. Cromwell’s petition asks whether Confidential Criminal Justice Information can be disclosed to Immigration and Customs Enforcement for civil or administrative purposes without a court order.

“County Attorney Cromwell has a duty to the people of Gallatin County,” Graybill said in an email to the Chronicle. “Especially when it comes to Montana’s sacred privacy protections. (Cromwell) looks forward to the Attorney General’s response and the court’s decision.”

The inter-agency clash marks one month of public debate between the elected officials over an email from Cromwell’s assistant, Jack Veil, in October 2025.

“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.

“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.

For Cromwell, Montana’s constitutional right to privacy is the crux of her dispute.

“We would not be here if the Attorney General had simply picked up the phone or done his job and issued a formal legal opinion.” Cromwell said in a release last week. “Instead, we are dealing with public statements and theatrical directives issued without the clear legal foundation Montanans deserve.”