1 00:00:18,000 --> 00:00:20,879 Speaker 1: And we're back with another edition of the Federalist Radio Hour. 2 00:00:21,160 --> 00:00:24,600 I'm Matt Kittle's senior elections correspondent at the Federalist and 3 00:00:24,719 --> 00:00:29,480 your experienced Shirpa on today's quest for Knowledge. As always, 4 00:00:29,519 --> 00:00:32,359 you can email the show at radio at the Federalist 5 00:00:32,600 --> 00:00:37,600 dot com, follow us on x at FDR LST, make 6 00:00:37,640 --> 00:00:40,640 sure to subscribe wherever you download your podcast, and of 7 00:00:40,719 --> 00:00:43,719 course to the premium version of our website as well. 8 00:00:44,439 --> 00:00:47,920 Our guest today on The Federalist Radio Hour, Montana Attorney 9 00:00:48,000 --> 00:00:53,000 General Austin Knutsen, fighting the good fight the tough fight 10 00:00:53,439 --> 00:00:56,960 in Montana. Welcome to the show. Thank you for being here, Ah. 11 00:00:56,920 --> 00:00:57,960 Speaker 2: You bet, thanks for having me. 12 00:00:58,240 --> 00:01:04,439 Speaker 1: Absolutely give us a sense of Montana politics as it 13 00:01:04,519 --> 00:01:09,560 stands today and what folks don't maybe don't fully understand 14 00:01:09,599 --> 00:01:12,040 the bruising nature of cowboy politics. 15 00:01:12,239 --> 00:01:12,480 Speaker 3: Yeah. 16 00:01:12,599 --> 00:01:15,319 Speaker 2: Well, Montana is an interesting state. So I've been around 17 00:01:15,319 --> 00:01:17,439 politics for a little bit now. I had a couple 18 00:01:17,519 --> 00:01:20,079 sessions of the Montana House of Representatives. But prior to 19 00:01:20,079 --> 00:01:23,319 this job, and I was an elected county attorney, which 20 00:01:23,439 --> 00:01:27,280 is our version of district attorney. We have county attorneys 21 00:01:27,280 --> 00:01:30,120 in Montana, so you know, historically Montana has been a 22 00:01:30,200 --> 00:01:34,519 very purple state, a very populist, very purple lot of 23 00:01:34,560 --> 00:01:38,159 split ticket voting. Even just ten years ago when I 24 00:01:38,159 --> 00:01:40,319 was in the state legislature, you know, we had Republican 25 00:01:40,359 --> 00:01:43,719 majorities in the House, Republican majorities in the state Senate, 26 00:01:43,959 --> 00:01:48,079 but then a Democrat governor to Democrat governors actually, and 27 00:01:48,480 --> 00:01:51,920 that literally means that Montana's were splitting ticket as they're 28 00:01:52,000 --> 00:01:56,079 voting their general ballot. So and that's We've been a 29 00:01:56,120 --> 00:01:58,680 long track record of that. It's kind of a tradition 30 00:01:58,719 --> 00:02:02,439 in Montana. What's interesting really, in the last I would 31 00:02:02,480 --> 00:02:06,760 say five six, seven years, Montana has shifted to the 32 00:02:06,840 --> 00:02:10,919 right pretty dramatically. I mean, it wasn't that many years ago. 33 00:02:11,439 --> 00:02:14,400 We had a Democrat governor, a Democrat Attorney General, Democrat 34 00:02:14,479 --> 00:02:19,039 Secretary of State, Democrat Superintendent Public Instruction, Democrat state auditor. 35 00:02:19,319 --> 00:02:21,439 Those are your five state wides. But then you had 36 00:02:21,479 --> 00:02:25,039 two Democrat US senators and literally the only Republican we 37 00:02:25,159 --> 00:02:30,400 had was Congressman Denny Rieberg. He was it that has 38 00:02:30,520 --> 00:02:31,960 completely flipped around. 39 00:02:32,360 --> 00:02:34,719 Speaker 1: What change all of that in the last seven eight years. 40 00:02:34,840 --> 00:02:36,639 Speaker 2: I think it's a couple of things. I mean, I 41 00:02:36,919 --> 00:02:39,680 think COVID played a big part of that. Number One, 42 00:02:39,719 --> 00:02:41,360 I think it made a lot of people really mad. 43 00:02:41,639 --> 00:02:45,560 Number Two, it brought a lot of Republicans to Montana. 44 00:02:45,240 --> 00:02:48,280 We kind of felt this in twenty twenty, but we 45 00:02:48,319 --> 00:02:51,439 couldn't quite quantify it. But just it seemed like as 46 00:02:51,479 --> 00:02:54,159 I was campaigning and the governor was campaigning, we'd be 47 00:02:54,199 --> 00:02:56,879 out and you'd talk to people and they'd all, you know, 48 00:02:56,919 --> 00:02:59,000 you'd say, hey, we glad to meet you where you're 49 00:02:59,000 --> 00:03:02,719 from and they'd real sheepishly look down and go, we 50 00:03:02,879 --> 00:03:05,479 just moved here from California. But I swear we're on 51 00:03:05,520 --> 00:03:12,199 your side, and you got that everywhere. And so but 52 00:03:12,280 --> 00:03:16,319 again we couldn't quantify that. What we have now, I 53 00:03:16,319 --> 00:03:19,639 mean we now know Montana has added roughly seventy five 54 00:03:19,800 --> 00:03:22,400 thousand new Republican voters. 55 00:03:22,439 --> 00:03:23,840 Speaker 1: That is amazing, Yeah, and. 56 00:03:23,879 --> 00:03:25,840 Speaker 2: Which in a little state like Montana, I mean, that's 57 00:03:25,879 --> 00:03:28,159 a lot. That's a huge that moves a needle for 58 00:03:28,280 --> 00:03:31,319 us tremendously. I mean, we've added a second congressional district, 59 00:03:31,719 --> 00:03:34,639 which we lost in the early nineties. We were at 60 00:03:34,719 --> 00:03:37,960 large for decades, so we're a growing state. But the 61 00:03:37,960 --> 00:03:40,840 good news is it seems to be like, we're trending, 62 00:03:41,360 --> 00:03:43,840 We're trending red, we're trending to the right. So that's 63 00:03:43,919 --> 00:03:46,319 kind of where we are right now. In Montana. John Tester, 64 00:03:46,599 --> 00:03:49,680 our US senator who's up right now. He's the last 65 00:03:49,680 --> 00:03:53,400 man standing. He's literally the last elected Democrat in the 66 00:03:53,400 --> 00:03:54,680 state of Montana. 67 00:03:54,719 --> 00:03:58,080 Speaker 1: And a very critical race there, one that is nationally 68 00:03:58,120 --> 00:04:01,800 watched and as we were talking before we began today, 69 00:04:02,479 --> 00:04:07,159 perhaps maybe the most expensive race in the country, not 70 00:04:07,319 --> 00:04:09,520 just in Montana, but in the country. 71 00:04:09,639 --> 00:04:14,360 Speaker 2: There is talk that between the DNC and the Democratic 72 00:04:14,400 --> 00:04:16,720 Senatorial Committee that they're going to put five hundred million 73 00:04:16,759 --> 00:04:19,360 dollars into Montana. When I was said and done, I 74 00:04:19,399 --> 00:04:22,199 don't know how you do that, Matt, Like, we don't 75 00:04:22,240 --> 00:04:25,319 have that much media in Montana. Lots of mailers, lots 76 00:04:25,360 --> 00:04:27,120 of mailers, well there already are. They're just stuff in 77 00:04:27,120 --> 00:04:31,199 the mailbox. But yeah, they are desperate to keep that 78 00:04:31,240 --> 00:04:32,600 fifty first vote in the Senate. 79 00:04:32,680 --> 00:04:35,839 Speaker 1: Yeah, absolutely, and as I said, it will be nationally watched. 80 00:04:35,879 --> 00:04:38,639 What is interesting to me in Montana and you're living 81 00:04:38,720 --> 00:04:44,279 at daily, is that things have changed. The dynamics and 82 00:04:44,360 --> 00:04:47,160 politics have changed dramatically over the last seven eight years. 83 00:04:47,319 --> 00:04:51,800 As you noted. So, now you have a Republican controlled legislature, 84 00:04:52,480 --> 00:04:57,360 you have a Republican in the governor's house, you have 85 00:04:57,639 --> 00:05:00,920 a governor who are excuse me, a Republican attorney general. 86 00:05:02,279 --> 00:05:07,079 Yet here's the big here's the big Yet, and it 87 00:05:07,160 --> 00:05:12,079 really does speak to the importance of the third branch. 88 00:05:13,279 --> 00:05:17,160 You can get all the legislation you want passed to 89 00:05:17,240 --> 00:05:20,720 make real significant reforms in government. And there have been 90 00:05:20,759 --> 00:05:26,560 a lot of really good, significant reform legislation bills passed, 91 00:05:27,160 --> 00:05:30,879 signed by the governor. And then what happens after that? 92 00:05:31,959 --> 00:05:34,839 Speaker 2: We get hauled into state district court and we get 93 00:05:34,879 --> 00:05:37,639 a temporary restraining order and an injunction slapped on us 94 00:05:37,680 --> 00:05:43,279 by whatever environmental or leftist liberal group sued us that day, 95 00:05:44,319 --> 00:05:47,000 and we get those laws blocked, and most of them 96 00:05:47,000 --> 00:05:51,319 are still sitting blocked. So yeah, I mean, to your point, 97 00:05:51,720 --> 00:05:57,000 the judiciary in Montana is owned by the left, period hardstop. 98 00:05:57,079 --> 00:06:00,120 Speaker 1: What are the numbers in terms of the makeup of 99 00:06:00,160 --> 00:06:01,040 the Supreme Court. 100 00:06:01,120 --> 00:06:03,639 Speaker 2: So it's a seven members Supreme Court if you're asking 101 00:06:03,720 --> 00:06:06,680 my personal opinion, I think it's seven to zero. Really, Now, 102 00:06:07,680 --> 00:06:11,240 we do technically have one former Republican legislator he served 103 00:06:11,319 --> 00:06:12,800 years and years and years ago. He's been on the 104 00:06:12,800 --> 00:06:16,160 court for a long time. I mean, technically, some people 105 00:06:16,199 --> 00:06:19,439 like to say he's a Republican or a conservative. I 106 00:06:19,480 --> 00:06:22,079 guess you would say, I think he's got Stockholm syndrome. 107 00:06:23,120 --> 00:06:24,839 He's been on that court so long. I don't know 108 00:06:24,839 --> 00:06:28,480 if he's just been browbeat or what. But he's not 109 00:06:28,600 --> 00:06:32,959 a reliable even dissent. He seems to get better when 110 00:06:32,959 --> 00:06:33,680 he's up for election. 111 00:06:34,360 --> 00:06:36,480 Speaker 1: Interesting, he tends. 112 00:06:36,279 --> 00:06:38,399 Speaker 2: To trend to the right and issue a few more. 113 00:06:38,439 --> 00:06:42,480 Speaker 1: So about every five years or so, and something something changes. 114 00:06:42,560 --> 00:06:46,120 But it's interesting to me that you've had this dynamic 115 00:06:46,199 --> 00:06:50,759 shift going on in Montana politics and you're getting, you know, 116 00:06:51,560 --> 00:06:56,680 pretty significant margins for Republicans in the legislature. Yeah, all 117 00:06:56,720 --> 00:07:00,800 of that. You cannot get that for Supreme Court candidates. 118 00:07:00,800 --> 00:07:02,839 You have elections for your Supreme Court candidates. Why? 119 00:07:02,839 --> 00:07:03,079 Speaker 2: Why? 120 00:07:03,160 --> 00:07:04,319 Speaker 1: Why is that? What's going on? 121 00:07:04,399 --> 00:07:07,120 Speaker 2: So Montana, we elect all of our judges from from 122 00:07:07,360 --> 00:07:09,800 the Supreme Court to our district court. We we don't 123 00:07:09,800 --> 00:07:12,199 have an intermediate Court of Appeals. You go right from 124 00:07:12,240 --> 00:07:14,800 state district court to our to our state Supreme Court, 125 00:07:15,360 --> 00:07:17,360 but even down to our local justices of the peace. 126 00:07:18,160 --> 00:07:23,600 They're all elected at the higher level that the try 127 00:07:23,680 --> 00:07:27,399 lawyers really have funded and owned those elections for decades. 128 00:07:27,439 --> 00:07:30,759 But but it's it's interesting the these judicial candidates. They 129 00:07:30,759 --> 00:07:33,759 will largely hide behind state law so they're not allowed 130 00:07:33,759 --> 00:07:37,560 to run partisan there. There there are laws that you know, 131 00:07:37,600 --> 00:07:40,519 they say they have to be unbiased and they know 132 00:07:40,519 --> 00:07:43,439 they can't expose their their positions. Well that's what they'll 133 00:07:43,439 --> 00:07:47,720 tell you. The law doesn't actually say that, but almost 134 00:07:47,720 --> 00:07:50,600 every judicial candidate in the state will hide behind that 135 00:07:50,879 --> 00:07:52,839 and say, oh, you know, when they're in public or 136 00:07:53,000 --> 00:07:56,439 they're at a rally or whatever, they'll get asked a 137 00:07:56,439 --> 00:07:58,560 direct question, you know, what, what's your stance on abortion? 138 00:07:59,160 --> 00:08:02,240 What's your stance on the Second Amendment? Well, and let's say, well, 139 00:08:02,480 --> 00:08:05,199 you know, I really can't talk about that because odds 140 00:08:05,199 --> 00:08:06,399 are there's going to be a case in front of 141 00:08:06,439 --> 00:08:07,959 me at some point and I have to rule on 142 00:08:08,000 --> 00:08:10,839 the merits. And so they just duck. And so you 143 00:08:10,879 --> 00:08:14,120 for the last twenty years, you've had judges in Montana 144 00:08:14,160 --> 00:08:17,639 that we largely the public don't know who they are. 145 00:08:18,319 --> 00:08:21,079 There's a lot of ignorant voting that goes on. I 146 00:08:21,079 --> 00:08:23,439 tell voters in Montana they've done a great job voting 147 00:08:23,439 --> 00:08:27,480 for governor and senator and AG. But man, when they 148 00:08:27,519 --> 00:08:31,959 get to the judicial races, they just punt. And I 149 00:08:32,000 --> 00:08:33,720 think that truly is what happens. I think a lot 150 00:08:33,720 --> 00:08:36,080 of it's name id. Oh, I think maybe I've heard 151 00:08:36,080 --> 00:08:39,000 that judge before, so yeah, I'll pull the lever for that. 152 00:08:39,039 --> 00:08:40,480 Speaker 1: For that way, I just don't seem to pay as 153 00:08:40,559 --> 00:08:42,159 much attention. That's I mean. 154 00:08:42,120 --> 00:08:45,279 Speaker 2: Everywhere, And to be fair, I mean it's hard to 155 00:08:45,320 --> 00:08:48,080 find the information on these judicial candidates in Montana. It's 156 00:08:48,120 --> 00:08:50,559 not impossible if you know where to look. But the 157 00:08:50,600 --> 00:08:53,600 problem is your average Montana voter doesn't know where to look. 158 00:08:53,639 --> 00:08:55,639 Speaker 1: And then you have the trial lawyers, of course, dumping 159 00:08:55,679 --> 00:08:59,519 in a lot of money, letting or telling the voters 160 00:08:59,600 --> 00:09:03,519 what they want the voters to know, when that certainly 161 00:09:03,600 --> 00:09:07,759 isn't the certainly isn't the full record of the matter. 162 00:09:08,000 --> 00:09:10,320 But it's interesting to me that you talk about how 163 00:09:10,360 --> 00:09:14,679 they hide behind the whole you know, the veneer, and 164 00:09:14,720 --> 00:09:17,320 that's really what it is. Nonpartisan because there are a 165 00:09:17,360 --> 00:09:20,519 lot of states where you have judicial elections. They're all 166 00:09:20,559 --> 00:09:24,200 supposed to be nonpartisan, but you know exactly where they stand. 167 00:09:25,559 --> 00:09:28,320 You know, you know the people who are funding them. 168 00:09:29,159 --> 00:09:33,559 You know how if they have an experience in lower courts, 169 00:09:34,519 --> 00:09:37,639 you know the sorts of where they've been in terms 170 00:09:37,720 --> 00:09:41,159 of their policies on crime, you know where they stand 171 00:09:41,320 --> 00:09:44,279 on issues with regulation and business, all of those sorts 172 00:09:44,279 --> 00:09:49,480 of things. But let's fast forward as you serve as 173 00:09:49,519 --> 00:09:55,519 attorney general. They want to hide behind this veneer once 174 00:09:55,639 --> 00:10:02,639 again of nonpartisanship. Yet some emails about a very very 175 00:10:02,679 --> 00:10:08,320 important topic where you know, they have absolutely exposed themselves. 176 00:10:09,679 --> 00:10:14,879 And it's pretty clear not just that they have exposed themselves, 177 00:10:14,879 --> 00:10:20,279 but they are doing things that certainly anyone could take 178 00:10:20,279 --> 00:10:23,279 a look at and say this has gone well beyond 179 00:10:23,320 --> 00:10:28,559 the whole nonpartisanship things right into lobbying. 180 00:10:28,320 --> 00:10:32,279 Speaker 2: Overt overt political activity from our judicial branch of Montana. Yeah, 181 00:10:32,320 --> 00:10:35,919 so this goes back to twenty twenty one. I had 182 00:10:36,000 --> 00:10:40,120 just gotten elected attorney general. Our legislature meets every other 183 00:10:40,240 --> 00:10:43,399 year for ninety business days, so it ends up being 184 00:10:43,519 --> 00:10:47,039 so it's odd number years. First week in January, it 185 00:10:47,080 --> 00:10:50,200 starts ends up being roughly five months because it's just 186 00:10:50,279 --> 00:10:54,000 business days, so they take weekends and holidays. In the 187 00:10:54,120 --> 00:10:57,159 course of the twenty twenty one legislative session. There were 188 00:10:57,200 --> 00:11:00,720 a number of judicial reform bills that came through the legislature, 189 00:11:01,080 --> 00:11:02,720 as there always are, but that you know, in the 190 00:11:02,759 --> 00:11:04,879 last few years we've kind of gotten wise to some 191 00:11:04,919 --> 00:11:06,919 of the shenanigans going on the court and there's always 192 00:11:07,000 --> 00:11:10,519 there's always some some judicial reform stuff that comes up. Well, 193 00:11:10,600 --> 00:11:14,440 what we found out is through a series of leaked 194 00:11:14,480 --> 00:11:19,559 emails from the Montana Judges Association, which stop and pounder 195 00:11:19,600 --> 00:11:21,600 that for a moment. Now you you've got a Montana 196 00:11:21,639 --> 00:11:25,360 Judges Association, You've got a lobbying group made up of 197 00:11:25,559 --> 00:11:30,000 sitting judges in Montana. That speaks to a problem, and 198 00:11:30,039 --> 00:11:33,399 they hire a lobbyists to come work the halls at 199 00:11:33,440 --> 00:11:37,600 the Montana Legislature to kill legislation or pass legislation that 200 00:11:37,639 --> 00:11:39,960 they do like. So I mean that in and of 201 00:11:40,039 --> 00:11:43,720 itself raises some serious, you know, nonpartisan questions, and that 202 00:11:43,799 --> 00:11:48,360 was air quotes. These emails came to light, and what 203 00:11:48,440 --> 00:11:51,240 it turned out was you had you had a large 204 00:11:51,399 --> 00:11:57,679 number of sitting district judges in Montana. Uh and perspectively, 205 00:11:57,759 --> 00:11:59,480 maybe even some of the some of the Supreme Court 206 00:11:59,600 --> 00:12:06,639 justices involved in pretty overt lobbying. But using their state 207 00:12:06,639 --> 00:12:10,440 email Matt And and this is a key point here, right, 208 00:12:10,600 --> 00:12:13,960 So I have a state state email address. Every legislator 209 00:12:13,960 --> 00:12:16,320 in Montana has a state email address. The governor all 210 00:12:16,360 --> 00:12:19,879 his staff have a state email address. That's public record 211 00:12:19,919 --> 00:12:24,879 in Montana. We have very strong open government laws in Montana, 212 00:12:25,240 --> 00:12:27,639 and that extends to emails. I mean, anything I put 213 00:12:27,639 --> 00:12:31,720 in an official email, I just know that's in the 214 00:12:31,759 --> 00:12:35,919 public domain. If it's got an at dot mt at 215 00:12:36,039 --> 00:12:40,200 mt dot gov, that's a Montana public record. 216 00:12:40,240 --> 00:12:43,919 Speaker 1: Well, they's judges has to be saved for it should 217 00:12:43,960 --> 00:12:45,480 anybody request that information? 218 00:12:45,720 --> 00:12:50,200 Speaker 2: Don't get ahead of me. Okay, So these emails get 219 00:12:50,279 --> 00:12:52,919 leaked that these judges in Montana, they've all been and 220 00:12:53,120 --> 00:12:56,919 they've been pulling each other. What positions should we take 221 00:12:56,960 --> 00:13:00,600 on this various legislation. And here's here's the votes and 222 00:13:01,039 --> 00:13:06,960 lots of you know, pretty bombastic language being used in 223 00:13:07,000 --> 00:13:10,720 some of these emails. Well, okay, so the legislature steps 224 00:13:10,759 --> 00:13:14,679 in and they subpoena these emails because you know, open record, 225 00:13:14,679 --> 00:13:18,759 we want to look at these. The Supreme Court administrator 226 00:13:19,440 --> 00:13:26,159 who works for the Chief Justice, Oh oops, oops, I 227 00:13:26,240 --> 00:13:33,840 deleted them. Oh my bad, total mistake. Butterfingers, I mean 228 00:13:33,879 --> 00:13:37,480 whatever she tries to pulling that. Well, then the legislature, 229 00:13:37,519 --> 00:13:39,840 I mean that they kind of expected that out of 230 00:13:39,840 --> 00:13:43,679 her office. Frankly, well the judiciary, obviously they're not very 231 00:13:43,720 --> 00:13:46,919 good at it. Every email in the state system goes 232 00:13:46,960 --> 00:13:50,360 through the Department of Administration and their servers. So the 233 00:13:50,440 --> 00:13:52,600 legislature turned around and went, well, it's okay, we'll just 234 00:13:52,600 --> 00:13:56,000 subpoena the Department of Administration and get the emails from them. 235 00:13:56,399 --> 00:14:02,919 Thanks Supreme Court panics. Somehow they get notified that these 236 00:14:02,960 --> 00:14:07,159 subpoenas are coming and call themselves in on a Sunday. 237 00:14:08,320 --> 00:14:11,279 So there's some kind of ex party communication going on here. 238 00:14:12,320 --> 00:14:16,480 A lawyer somewhere on the left, very likely, it looks 239 00:14:16,519 --> 00:14:21,440 at all evidence suggests made direct contact with somebody on 240 00:14:21,480 --> 00:14:25,600 the Supreme Court, one of the justices. Those justices call 241 00:14:25,679 --> 00:14:29,000 themselves in a Sunday, called in the Chief Clerk, who's 242 00:14:29,000 --> 00:14:33,559 an elected Republican official in Montana chief Clerk the Supreme Court, 243 00:14:33,879 --> 00:14:39,240 and they quashed that they purport to quash their own subpoenas. 244 00:14:39,960 --> 00:14:42,600 Speaker 1: How do they explain that. 245 00:14:44,159 --> 00:14:47,480 Speaker 2: Lots of inns, lots of outs, lots of what have you, 246 00:14:47,600 --> 00:14:51,279 is that you know, you Plebeians just wouldn't understand. But 247 00:14:51,519 --> 00:14:56,320 only US August Olympian judges understand. 248 00:14:56,360 --> 00:14:59,320 Speaker 1: They or translation, we're above the law. 249 00:14:59,519 --> 00:15:02,440 Speaker 2: That is what this looks like. And it really is 250 00:15:02,480 --> 00:15:05,320 the tact that they've taken in this entire fight. And 251 00:15:05,600 --> 00:15:07,879 again this is clear back in twenty one that this 252 00:15:07,919 --> 00:15:10,399 came to light. So I mean, this just blew up. 253 00:15:10,519 --> 00:15:14,080 I mean, this lit the legislature on fire. Unfortunately, it 254 00:15:14,120 --> 00:15:16,320 was right towards the end of the legislative session that 255 00:15:16,440 --> 00:15:18,759 the ninety days were almost up when this came to light. 256 00:15:19,759 --> 00:15:22,559 But this has just been simmering and perking. I ended 257 00:15:22,639 --> 00:15:27,000 up only two of the justices actually came before the 258 00:15:27,039 --> 00:15:30,919 Senate Judiciary Committee, which which promptly subpoenaed them to appear. 259 00:15:32,080 --> 00:15:34,519 Five of them just gave basically gave the finger and 260 00:15:34,559 --> 00:15:38,360 said we're not coming. But the Chief Justice came uh. 261 00:15:38,440 --> 00:15:40,759 And and one one of the other justices did did 262 00:15:40,799 --> 00:15:41,240 show up. 263 00:15:41,960 --> 00:15:42,039 Speaker 3: Uh. 264 00:15:42,240 --> 00:15:44,720 Speaker 2: Strangely, these are the two that are not seeking reelection now, 265 00:15:45,440 --> 00:15:48,679 and they're because because they're up this this cycle. But 266 00:15:48,840 --> 00:15:53,519 a lot of really really this this looked looked quite bad. 267 00:15:54,120 --> 00:15:57,840 My office got involved because as the Attorney General and 268 00:15:57,879 --> 00:16:00,200 in charge of the Department of Justice. One of michaelis 269 00:16:00,279 --> 00:16:03,519 is the Montana Legislature. It's my job to represent the 270 00:16:03,600 --> 00:16:08,120 legislature in legal controversies such as this one. So we 271 00:16:08,240 --> 00:16:12,360 were we were literally in this constitutional kind of check 272 00:16:12,399 --> 00:16:15,240 and balance crisis. You know, who had authority to do 273 00:16:15,279 --> 00:16:18,960 what here? What was the scope of the legislative subpoena power? 274 00:16:19,600 --> 00:16:23,240 Could the Supreme Court quash their own subpoenas? They The 275 00:16:23,240 --> 00:16:28,000 Supreme Court amazingly even ordered all of these emails to 276 00:16:28,080 --> 00:16:33,000 be given back. Now they're already out, They've been published 277 00:16:33,080 --> 00:16:36,879 their online exactly. 278 00:16:37,320 --> 00:16:37,679 Speaker 1: Yeah. 279 00:16:37,840 --> 00:16:41,159 Speaker 2: So I mean they were going through just extraordinary lengths 280 00:16:41,200 --> 00:16:46,039 to protect information and cover their own rear ends. 281 00:16:46,039 --> 00:16:52,759 Speaker 4: In my opinion, warmer, sunnier days are calling fuel up 282 00:16:52,759 --> 00:16:56,240 for them. With factors, no prep, no mess, meals meet 283 00:16:56,240 --> 00:16:58,279 your wellness goals in time for summer thanks to the 284 00:16:58,279 --> 00:17:01,440 menu of chef crafted meals with options like calorie smart, 285 00:17:01,759 --> 00:17:06,359 protein plus, and keto factors. 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At Factor Meals dot 306 00:18:16,680 --> 00:18:20,279 com slash Federalist fifty to get fifty percent off your 307 00:18:20,319 --> 00:18:23,559 first box plus twenty percent off your next month while 308 00:18:23,559 --> 00:18:24,759 your subscription is active. 309 00:18:27,519 --> 00:18:30,200 Speaker 1: Just a point on that as well. I'm curious you 310 00:18:30,240 --> 00:18:36,599 could the legislature could go through the administrative channels the 311 00:18:36,640 --> 00:18:41,200 it through there. We don't need you to turn this 312 00:18:41,279 --> 00:18:44,640 information over to us. We have another channel. Were they 313 00:18:44,680 --> 00:18:48,599 able to find out through that channel if these emails 314 00:18:49,000 --> 00:18:54,720 at the Supreme Court were destroyed and intentionally so? 315 00:18:55,480 --> 00:18:57,160 Speaker 2: We don't know the answer to that yet. 316 00:18:57,319 --> 00:19:01,680 Speaker 1: I see. It's just part of that plot that really 317 00:19:01,720 --> 00:19:05,880 stuck in my mind as the oops factor came in. 318 00:19:05,920 --> 00:19:08,200 I'm sorry, I don't know bad. You know, when you 319 00:19:08,400 --> 00:19:11,559 think about that sort of thing, you think about scrubbing 320 00:19:11,640 --> 00:19:15,920 of Hillary Clinton's files in two thousand and six. 321 00:19:15,799 --> 00:19:19,440 Speaker 2: Seventy if it looks like a duck and walks in, Yeah, exactly. 322 00:19:19,720 --> 00:19:22,920 And I also note that, you know, I'm sure entirely 323 00:19:22,960 --> 00:19:26,680 coincidentally that Supreme Court administrator has now announced her retirement. 324 00:19:26,960 --> 00:19:30,640 Speaker 1: Oh that's very interesting, well, because perhaps there's more to come. 325 00:19:30,839 --> 00:19:32,119 Speaker 2: She's an under tremendous pressure. 326 00:19:32,160 --> 00:19:34,240 Speaker 1: Yeah, definitely more to come on that front. But that 327 00:19:34,359 --> 00:19:38,480 launches into what was happening in twenty twenty one. Then, 328 00:19:38,720 --> 00:19:41,759 you know, as you said, it's still simmering. It got 329 00:19:41,799 --> 00:19:46,079 to a really heated point. However, we're about a year 330 00:19:46,200 --> 00:19:51,240 now from was it September of twenty three, when all 331 00:19:51,279 --> 00:19:55,799 of a sudden you get some interesting contacts. And this 332 00:19:56,000 --> 00:20:00,160 is where the leftist law fair that we constantly talk, 333 00:20:00,440 --> 00:20:03,160 we constantly report on because it is such a now 334 00:20:03,240 --> 00:20:08,200 a significant part of politics and policy, and the left 335 00:20:08,240 --> 00:20:11,319 has excelled at it and they have so many resources 336 00:20:11,359 --> 00:20:13,960 devoted to it, and a lot of people when they 337 00:20:14,000 --> 00:20:16,960 think about leftist law fair, they immediately think about the 338 00:20:17,000 --> 00:20:19,720 attacks the former president Donald Trump has been under. And 339 00:20:19,759 --> 00:20:22,440 that's a good place to start. And it's all well known, 340 00:20:23,000 --> 00:20:27,480 but it's happening in states like Montana and so many 341 00:20:27,519 --> 00:20:33,920 others across this country and Attorney's General office and elsewhere, 342 00:20:33,960 --> 00:20:34,759 and it's happened to you. 343 00:20:35,559 --> 00:20:38,640 Speaker 2: It has so Yeah, back in twenty one, this whole, 344 00:20:38,759 --> 00:20:41,240 this whole fight was going on, and it was quite contentious, 345 00:20:41,240 --> 00:20:43,640 and it was new territory. I mean, frankly, we were 346 00:20:43,680 --> 00:20:47,400 in uncharted territory. We didn't have any jurisprudence and no 347 00:20:47,519 --> 00:20:51,519 case law, you know, and there really was this constitutional 348 00:20:51,599 --> 00:20:55,240 check and balance fight between the legislative branch and the 349 00:20:55,319 --> 00:20:57,839 judicial branch, and then me as a member of the 350 00:20:57,880 --> 00:20:59,960 executive right in the middle of it, trying to represent 351 00:21:00,200 --> 00:21:03,640 my client as I'm bound to do ethically. So okay, 352 00:21:03,799 --> 00:21:06,440 this this kind of dies down, and both sides there 353 00:21:06,519 --> 00:21:11,680 was kind of a mutual stand down and calmer heads prevailed, 354 00:21:11,759 --> 00:21:15,440 and you know, now there's talk some new legislation. The 355 00:21:15,480 --> 00:21:19,119 twenty three session has come and gone, you know, and 356 00:21:19,400 --> 00:21:21,559 for the large part we avoided a lot of these 357 00:21:21,559 --> 00:21:23,920 things that they were still some talk about some judicial reform, 358 00:21:23,960 --> 00:21:26,200 but you know, nothing blew up like it did in 359 00:21:26,279 --> 00:21:29,920 twenty one. So you know, life is good two years later. 360 00:21:30,880 --> 00:21:34,359 And so yeah, in September of twenty three, more than 361 00:21:34,359 --> 00:21:37,720 two years later, I get contacted and noticed that I 362 00:21:37,920 --> 00:21:45,279 have been a forty one count legal ethics complaint has 363 00:21:45,359 --> 00:21:50,839 been lodged against me with our state Office of Disciplinary Council. 364 00:21:51,240 --> 00:21:54,480 So that's ODC, and that's under the auspices of the 365 00:21:54,519 --> 00:21:58,960 Supreme Court. It gets kind of the lawyer self policing. 366 00:21:59,119 --> 00:22:01,440 Speaker 1: Pretty incessu system. It seems to me. 367 00:22:01,960 --> 00:22:06,839 Speaker 2: There's a few conflicts, yes, a few conflicts, but I mean, 368 00:22:07,079 --> 00:22:11,200 this is the process that lawyers report other lawyers or 369 00:22:11,240 --> 00:22:14,960 clients report lawyers and Typically what this process is used 370 00:22:15,000 --> 00:22:18,240 for is is if a lawyer has stolen money from 371 00:22:18,240 --> 00:22:22,119 a client or if they've had an inappropriate sexual relationship 372 00:22:22,119 --> 00:22:25,240 with a client, which is a flagrant violation of ethical 373 00:22:25,559 --> 00:22:29,519 rules for lawyers. That's what this process is for. There's 374 00:22:29,519 --> 00:22:35,960 an investigation, investigation process. It's a quasi judicial hearing, and 375 00:22:36,000 --> 00:22:42,680 then this board makes a recommendation for sanctions, penalties, disbarment 376 00:22:43,440 --> 00:22:50,079 possibly and that has ultimately agreed to ordained by the 377 00:22:50,119 --> 00:22:53,680 state Supreme Court. And so it's usually a two or 378 00:22:53,720 --> 00:22:58,000 three count and I get a forty one count ethics complaint. 379 00:22:57,599 --> 00:23:01,920 Speaker 1: For something that is usually tied with just massive lapses 380 00:23:02,200 --> 00:23:07,200 of ethics, egregious legal behavior indeed, and so that's what 381 00:23:07,880 --> 00:23:11,799 I want to This has been almost a year in 382 00:23:12,000 --> 00:23:16,559 the making and a lot has happened. Then we are 383 00:23:16,720 --> 00:23:20,559 talking with Montana Attorney General Austin Kannutson on this edition 384 00:23:20,599 --> 00:23:25,480 of the Federalist Radio Hour. It's been quite a ride 385 00:23:25,799 --> 00:23:32,920 over the last eleven plus months. Where does the investigation stand? 386 00:23:32,960 --> 00:23:38,400 And I actually take us back, because you had brought 387 00:23:38,480 --> 00:23:43,519 up this point that the people in this office could 388 00:23:43,559 --> 00:23:51,279 not get their first investigator to bring about charges and 389 00:23:51,359 --> 00:23:53,599 so they had to bring in someone who was a 390 00:23:53,599 --> 00:23:57,759 little more agreeable to what apparently they wanted to accomplish here. 391 00:23:57,880 --> 00:23:59,359 Speaker 2: That's a good way of putting it so well, we 392 00:23:59,799 --> 00:24:02,480 could figure out why this was two years late. I mean, 393 00:24:02,519 --> 00:24:05,720 if this went back to actions that supposedly I took 394 00:24:06,000 --> 00:24:08,960 in the twenty one legislative session, which I'll back up 395 00:24:09,000 --> 00:24:11,960 and tell you, like most of these forty one complaints 396 00:24:12,559 --> 00:24:16,480 are that I am essentially I'm impugning the integrity of 397 00:24:16,480 --> 00:24:17,920 our state Supreme Court. 398 00:24:17,759 --> 00:24:20,200 Speaker 1: And how are you doing? I'm asking questions. 399 00:24:20,240 --> 00:24:22,880 Speaker 2: I'm very critical of our state Supreme Court publicly. I 400 00:24:23,440 --> 00:24:25,440 have no problem telling people what I think of our 401 00:24:25,480 --> 00:24:27,839 state Supreme Court. I don't call them names, you know, 402 00:24:27,920 --> 00:24:30,240 I don't get petty. I'm just I'm very critical of them. 403 00:24:30,519 --> 00:24:33,920 I think they're incredibly partisan. I think they're incredibly result oriented. 404 00:24:35,000 --> 00:24:37,119 I don't think they're doing their job with impartiality like 405 00:24:37,119 --> 00:24:37,759 they're supposed to. 406 00:24:38,000 --> 00:24:43,319 Speaker 1: But you're a citizen of Wyoming. You still have that 407 00:24:43,440 --> 00:24:46,640 righta by Montana sorry, excuse me close. You're a citizen 408 00:24:46,640 --> 00:24:49,160 of Montana. You still have that right. You're also the 409 00:24:49,200 --> 00:24:54,079 attorney general, so it is, and you're speaking for your client. 410 00:24:54,119 --> 00:24:58,400 The legislature who has similar has a case built really 411 00:24:59,000 --> 00:24:59,880 that fact. 412 00:25:00,119 --> 00:25:03,000 Speaker 2: Yeah, well, I didn't realize that when I was sworn 413 00:25:03,000 --> 00:25:05,039 in the state bar that I apparently gave up part 414 00:25:05,039 --> 00:25:07,160 of my First Amendment rights. And that's essentially what they're 415 00:25:07,240 --> 00:25:10,400 arguing here, is that by being critical of our state 416 00:25:10,440 --> 00:25:16,079 Supreme Court numerous times, I have somehow impugned their integrity 417 00:25:16,160 --> 00:25:21,519 and eroded the public's confidence in the judicial branch. That's 418 00:25:21,599 --> 00:25:25,680 literally what almost all of these charges are. But to 419 00:25:25,720 --> 00:25:29,680 your question, process, we couldn't figure out why it took 420 00:25:29,720 --> 00:25:33,200 them two years to file this, and we finally once 421 00:25:33,279 --> 00:25:36,839 I was actually served that the complaint and told them, well, no, 422 00:25:37,200 --> 00:25:38,880 I'm not just going to roll over and take whatever 423 00:25:38,880 --> 00:25:40,839 sanctions you give me, and we're going to go through discovery. 424 00:25:41,519 --> 00:25:44,160 We got the investigative file and we found an answer 425 00:25:45,559 --> 00:25:48,279 they had actually that this complaint had been filed in 426 00:25:48,359 --> 00:25:55,440 twenty one. They hired a longtime liberal Democrat lawyer, a 427 00:25:55,440 --> 00:25:58,839 fairly well respected one in Montana, not particularly one that 428 00:25:58,880 --> 00:26:01,680 I agree with on anything, but they hired this lawyer 429 00:26:01,720 --> 00:26:04,559 to come in and do the investigation. This lawyer did 430 00:26:04,559 --> 00:26:10,480 the investigation and recommended no charges be brought. He just Basically, 431 00:26:10,480 --> 00:26:13,599 he said this, this is First Amendment, and not only that, 432 00:26:13,640 --> 00:26:16,880 this is fraught with all kinds of politics. We should 433 00:26:16,920 --> 00:26:20,759 not be doing this. The Office of Disciplined Disciplinary Council 434 00:26:20,839 --> 00:26:27,160 promptly fired him and hired an even more radical Democrat 435 00:26:27,279 --> 00:26:30,279 liberal lawyer to get them to the result they wanted. 436 00:26:30,400 --> 00:26:32,839 And that's where we are. That's that's literally what happened here. 437 00:26:32,880 --> 00:26:35,759 Speaker 1: How is this not seen as a partisan act? I mean, really, 438 00:26:35,799 --> 00:26:39,559 what is happening to you in Montana is similar in 439 00:26:39,799 --> 00:26:43,920 one of the myriad cases against former President Donald Trump. 440 00:26:44,240 --> 00:26:48,599 That's the exact same situation that we have going on there. 441 00:26:49,000 --> 00:26:51,279 They didn't get the result that they wanted, so they 442 00:26:51,359 --> 00:26:56,240 kept pushing or bringing someone else in, or manipulating the 443 00:26:56,359 --> 00:27:00,799 law as it existed, massaging it until it's something. You know, 444 00:27:00,960 --> 00:27:05,559 I think about the Alvin Bragg case in Manhattan, and 445 00:27:05,640 --> 00:27:09,920 I think about you know, the Federal Election Commission. There's 446 00:27:09,960 --> 00:27:14,319 no crime here, you know, the former district attorney, there's 447 00:27:14,359 --> 00:27:17,559 no crime here. But here's a guy who campaigned on 448 00:27:17,960 --> 00:27:23,039 going after Donald Trump. And so that's what it appears 449 00:27:23,079 --> 00:27:28,079 to me is happening with this, you know, phony process 450 00:27:28,119 --> 00:27:31,920 that they've put in place. This little star Chamber to 451 00:27:32,359 --> 00:27:35,039 try to go after you when they've already gotten the 452 00:27:35,119 --> 00:27:39,680 answer from an attorney previous to this. So why do 453 00:27:39,759 --> 00:27:41,079 they keep pushing this? 454 00:27:41,599 --> 00:27:43,680 Speaker 2: Well, I think it's pretty clear. I mean that it's 455 00:27:43,680 --> 00:27:46,279 the old adage you don't take flack unless you're over 456 00:27:46,319 --> 00:27:49,720 the target. I'm a very aggressive attorney general. I mean, 457 00:27:49,960 --> 00:27:52,680 as opposed to AG's in the past in Montana, I'm 458 00:27:52,759 --> 00:27:55,119 quite conservative. I'm quite aggressive. We're leading on a lot 459 00:27:55,160 --> 00:27:58,400 of things. And I hit back at the Supreme Court 460 00:27:58,440 --> 00:28:00,680 quite hard. I mean, I had been quite critical. I 461 00:28:00,720 --> 00:28:03,920 have been openly campaigning against a lot of them. I 462 00:28:04,000 --> 00:28:08,319 think they're flagrantly partisan, and they're flagrantly result oriented. They 463 00:28:08,319 --> 00:28:11,200 don't like that sunlight and they don't like being criticized. 464 00:28:12,359 --> 00:28:14,880 And then the timing of this whole thing is quite suspect, right, 465 00:28:14,920 --> 00:28:20,519 I mean, I'm facing disbarment right before my reelection. I'm 466 00:28:20,599 --> 00:28:22,920 running for reelection right now. I'm up in November for 467 00:28:23,200 --> 00:28:27,240 a second four year term that will be my last term, 468 00:28:28,240 --> 00:28:32,720 and the hearing for this disciplinary is set for October. 469 00:28:32,759 --> 00:28:33,440 Speaker 1: That's amazing. 470 00:28:33,680 --> 00:28:35,759 Speaker 2: I mean it's pretty hard not to look at this 471 00:28:35,920 --> 00:28:40,000 entire process and think this is awfully overtly partisan. 472 00:28:40,920 --> 00:28:44,000 Speaker 1: But this isn't just you know, it's bad enough that 473 00:28:44,119 --> 00:28:48,279 it is directed at you. You know, let's call it 474 00:28:48,279 --> 00:28:51,440 what it is politically to try to knock you out 475 00:28:51,480 --> 00:28:55,559 as attorney general. But you're not just the attorney general 476 00:28:55,599 --> 00:28:59,440 of Montana. You're a practicing attorney. This is your life 477 00:28:59,480 --> 00:29:02,319 and your life avelihood that's on the line that goes 478 00:29:02,400 --> 00:29:05,559 well beyond the next four years for you and your family. 479 00:29:06,799 --> 00:29:09,599 Speaker 2: Absolutely. I mean, I think people have this idea that 480 00:29:09,599 --> 00:29:11,799 maybe elected officials a lot of times are wealthy. I 481 00:29:11,799 --> 00:29:15,359 can assure your listeners I am not. I'm a farm 482 00:29:15,359 --> 00:29:18,359 and ranch kid from Podunk Nowhere, Montana. I don't even 483 00:29:18,359 --> 00:29:22,240 own the farm my parents do. I went to law 484 00:29:22,279 --> 00:29:25,279 school because there wasn't enough there to be made to 485 00:29:25,279 --> 00:29:28,680 make a living. So you're right, this is my livelihood. 486 00:29:28,720 --> 00:29:33,400 I've got significant investment in my law degree. Obviously, disbarment 487 00:29:33,880 --> 00:29:37,200 losing my law license would be a very detrimental hit 488 00:29:37,279 --> 00:29:37,480 to me. 489 00:29:37,960 --> 00:29:40,920 Speaker 1: And it's your reputation too. Absolutely, not forget about that. 490 00:29:41,000 --> 00:29:44,640 I mean, we know of myriad cases over the last 491 00:29:45,119 --> 00:29:49,160 decade in this country, law fair has been practiced. Just 492 00:29:50,279 --> 00:29:55,279 some of the most awful situations politically driven investigations prosecutions 493 00:29:54,960 --> 00:30:00,519 in this country, and I've heard it from the victims 494 00:30:00,559 --> 00:30:02,720 of these things over and over again. Where do you 495 00:30:02,759 --> 00:30:05,680 go to get your reputation back? You know, and you're 496 00:30:05,720 --> 00:30:09,319 in the middle of a political campaign where reputation is everything. 497 00:30:09,240 --> 00:30:12,519 Speaker 2: Well, especially as the nation as our state's top law 498 00:30:12,559 --> 00:30:15,559 enforcement officer, which is literally what I am as the 499 00:30:15,599 --> 00:30:18,920 attorney general. Right, Yeah, I don't think. I think there's 500 00:30:18,920 --> 00:30:21,279 no question here they're trying to destroy my reputation. They're 501 00:30:21,279 --> 00:30:24,039 trying to I think there's a lot of fear of 502 00:30:24,079 --> 00:30:27,279 me within the Democrat Party, you know, just from my 503 00:30:27,359 --> 00:30:29,839 time in the legislature and now I'm the attorney general. 504 00:30:29,960 --> 00:30:32,640 They don't have much of a bench long term. I 505 00:30:32,680 --> 00:30:35,640 think they're looking around, going, we better try to kill 506 00:30:35,640 --> 00:30:38,039 this baby in the crib. Well, we can. I think 507 00:30:38,039 --> 00:30:43,319 that's definitely part of this. You know, early on there 508 00:30:43,359 --> 00:30:45,400 there was some talks of, well, you know, maybe we 509 00:30:45,400 --> 00:30:47,680 could resolve this if you just agree to, you know, 510 00:30:47,880 --> 00:30:51,960 to take take some sanctions that we suggested, and you 511 00:30:52,000 --> 00:30:55,559 know their terms. I looked at them and just I 512 00:30:55,640 --> 00:30:58,079 just outright rejected them. I'm like, I'm not doing that. 513 00:30:58,119 --> 00:31:02,160 I'm not admitting wrongdoing, I'm not one of them. Was 514 00:31:02,200 --> 00:31:04,599 that I had to agree to not ever criticize the 515 00:31:04,640 --> 00:31:05,720 Supreme Court again. 516 00:31:05,519 --> 00:31:07,200 Speaker 1: Oh my goodness. 517 00:31:07,279 --> 00:31:10,119 Speaker 2: Right, And I had the same reaction, like I laughed, 518 00:31:10,200 --> 00:31:11,359 like it. 519 00:31:11,240 --> 00:31:15,000 Speaker 1: Has a godfather feel to It doesn't. But I'm telling 520 00:31:15,000 --> 00:31:20,559 you he would be unfortunate, Austin, if if something bad 521 00:31:20,640 --> 00:31:23,519 were to happen to your political career, that shame. 522 00:31:23,640 --> 00:31:24,400 Speaker 2: It really would. 523 00:31:24,480 --> 00:31:26,960 Speaker 1: And now I got an offer you can't refuse here. 524 00:31:27,240 --> 00:31:29,960 Speaker 2: I mean, it's it, but that's kind of the cartel 525 00:31:30,160 --> 00:31:32,759 that that that the trial lawyers have had on the 526 00:31:32,799 --> 00:31:36,640 judicial branch in Montana and the process and and again 527 00:31:36,680 --> 00:31:39,160 this all leads to the Supreme Court. The person who 528 00:31:39,200 --> 00:31:41,759 was in charge of the office of this Disciplinary Council 529 00:31:43,240 --> 00:31:48,279 is a former Democrat candidate for state Attorney General who 530 00:31:48,440 --> 00:31:50,599 just happened to have been the chief deputy for the 531 00:31:50,680 --> 00:31:54,799 current sitting Chief Justice when he was the attorney general. 532 00:31:56,640 --> 00:31:59,799 Speaker 3: From the Egyptian pharaohs all the way to Richard Nixon. 533 00:32:00,119 --> 00:32:03,720 Kamala's plans are are dangerous. Watched out on Wall Street 534 00:32:03,759 --> 00:32:06,799 Podcast with Chris Markowski. Every day, Chris helps unpack the 535 00:32:06,839 --> 00:32:09,480 connection between politics and the economy and how it affects 536 00:32:09,559 --> 00:32:12,200 your wile. It is never a good idea to implement 537 00:32:12,279 --> 00:32:15,039 price control. It has a proven track record of making 538 00:32:15,119 --> 00:32:19,359 matters even worse and in some cases end civilizations. Whether 539 00:32:19,359 --> 00:32:21,319 it's happening in DC or down on Wall Street, it's 540 00:32:21,319 --> 00:32:22,400 affecting you financially. 541 00:32:22,480 --> 00:32:23,000 Speaker 2: Be informed. 542 00:32:23,079 --> 00:32:24,920 Speaker 3: Check out the watch Dot on Wall Street podcast with 543 00:32:25,000 --> 00:32:28,240 Chris Markowski on Apple, Spotify, or wherever you get your podcasts. 544 00:32:31,240 --> 00:32:33,759 Speaker 1: And that's the thing. Where do you go to ultimately 545 00:32:33,759 --> 00:32:37,240 get justice? This is a four year battle that began 546 00:32:37,319 --> 00:32:43,680 in twenty twenty one that's not resolved because it's that, 547 00:32:43,880 --> 00:32:46,720 as you mentioned before, it's the check and balance battle 548 00:32:46,759 --> 00:32:49,599 that's going on. There's no precedent for this. Where do 549 00:32:49,640 --> 00:32:52,720 you go outside of the state of Montana. You don't, 550 00:32:54,240 --> 00:32:55,960 And where do you go if you can't go to 551 00:32:56,000 --> 00:32:58,359 the highest court in the state to resolve this? When 552 00:32:58,400 --> 00:33:02,279 the highest court in this state is what we've just 553 00:33:02,319 --> 00:33:03,039 been talking. 554 00:33:02,960 --> 00:33:07,000 Speaker 2: Well, and that that because of these really extraordinary circumstances 555 00:33:07,039 --> 00:33:11,319 and the fairly blatant conflicts of interests, we actually did 556 00:33:11,359 --> 00:33:13,920 petition the US Supreme Court. All that that's a rare 557 00:33:14,039 --> 00:33:16,559 step for us to do in a case like this, 558 00:33:16,720 --> 00:33:19,960 but we we felt that this was extraordinary enough that 559 00:33:20,039 --> 00:33:22,440 we needed neutral harbitrators to come in here and look 560 00:33:22,480 --> 00:33:26,119 at this. So we we did petition the US Supreme 561 00:33:26,119 --> 00:33:31,160 Court for cert They ultimately denied, which didn't really surprise us. 562 00:33:32,000 --> 00:33:34,000 This this is you know, it's a state matter. They've 563 00:33:34,000 --> 00:33:36,920 got a lot of stuff on their docket. They clearly 564 00:33:37,480 --> 00:33:40,759 the Roberts Court just by the precedent they put out 565 00:33:40,799 --> 00:33:44,119 that they are they are loath to involve themselves in 566 00:33:44,240 --> 00:33:44,960 state matters. 567 00:33:45,200 --> 00:33:47,039 Speaker 1: Rarely do it. Yeah, so they. 568 00:33:47,160 --> 00:33:50,880 Speaker 2: They passed on this case unfortunately. So I mean, we're 569 00:33:50,880 --> 00:33:53,200 gonna We're gonna keep going down this road and see 570 00:33:53,200 --> 00:33:56,400 where we end up. And I'm hoping hoping cooler heads 571 00:33:56,400 --> 00:33:58,759 prevail here and we get it, we get a decent outcome. 572 00:33:58,839 --> 00:34:02,000 But I'm also I'm not holding my breath. 573 00:34:02,400 --> 00:34:04,680 Speaker 1: I can understand that. But I think ultimately it's a 574 00:34:04,680 --> 00:34:07,319 political resolution to this problem. And I think that's where 575 00:34:07,359 --> 00:34:10,079 the US Supreme Court has said over and over again 576 00:34:10,239 --> 00:34:12,880 that that's why they are loath to take up these cases, 577 00:34:12,880 --> 00:34:16,079 because you do have an election coming up. People can decide. 578 00:34:16,119 --> 00:34:19,519 So we'll close with this question, how confident are you 579 00:34:19,639 --> 00:34:23,360 that the people of Montana are going to repudiate this 580 00:34:23,480 --> 00:34:26,400 Supreme Court by taking a first initial step, because you've 581 00:34:26,440 --> 00:34:31,719 got two seats up coming up, and what do you 582 00:34:31,719 --> 00:34:37,920 think the chances are for you personally and for conservatives 583 00:34:38,079 --> 00:34:42,000 at the state and the federal election level. 584 00:34:43,159 --> 00:34:45,559 Speaker 2: Conservatives of Montana. I think we're in a great spot. 585 00:34:45,599 --> 00:34:49,079 I mean, I personally, my race looks good. You know, 586 00:34:49,119 --> 00:34:53,400 you never take anything for granted, but just the fundraising 587 00:34:53,440 --> 00:34:57,119 and some of the polling we've seen, by all accounts, 588 00:34:57,280 --> 00:34:59,519 it's looking like I'm probably going to get re elected. Barring, 589 00:34:59,639 --> 00:35:01,280 barring some major thing. 590 00:35:01,280 --> 00:35:02,719 Speaker 1: Barring you're not disbarred. 591 00:35:03,239 --> 00:35:06,920 Speaker 2: I mean, that would certainly be an interesting wrinkle if 592 00:35:07,000 --> 00:35:10,519 come October, I get my law license taken away and 593 00:35:10,559 --> 00:35:12,960 mail in ballots. I mean, Montana, we're about seventy five 594 00:35:12,960 --> 00:35:15,679 percent mail in ballot. They're going to have already gone out, 595 00:35:16,320 --> 00:35:18,559 and you know, roughly three quarters of the state already 596 00:35:18,559 --> 00:35:22,320 have voted. That will be an interesting wrinkle if I'm 597 00:35:22,360 --> 00:35:24,840 already voted in as attorney General and the Supreme Court 598 00:35:24,920 --> 00:35:29,880 elects to disbar me. I think the repudiation of that 599 00:35:30,039 --> 00:35:33,239 is probably going to be from the Montana legislature. They 600 00:35:33,239 --> 00:35:36,880 are now keenly, keenly aware of what's going on with 601 00:35:37,000 --> 00:35:41,320 the judiciary in Montana. The sitting Senate President right now 602 00:35:41,639 --> 00:35:46,400 has convened a special select committee on judicial oversight judicial accountability. 603 00:35:47,079 --> 00:35:50,559 It's making the Supreme Court quite uncomfortable. Not just the 604 00:35:50,599 --> 00:35:53,239 Supreme Court, you know district district judges in Montana as well. 605 00:35:53,280 --> 00:35:56,480 But look overall Montana, I think we're in a really 606 00:35:56,480 --> 00:35:59,639 good spot for conservatism. I look at where we were 607 00:35:59,679 --> 00:36:01,559 ten years ago when I was in the legislature. We 608 00:36:01,559 --> 00:36:03,280 were a very purple state. We had a lot of 609 00:36:03,280 --> 00:36:07,079 state wide elected Democrats, but at the same time, we 610 00:36:07,159 --> 00:36:10,400 had Republican control of the legislature. That means people were 611 00:36:10,440 --> 00:36:14,800 split ticket voting, which is an interesting phenomenon that's largely 612 00:36:14,840 --> 00:36:17,360 gone away in Montana. I mean, we are a solidly 613 00:36:17,400 --> 00:36:20,920 read state. Every state wide elected official in Montana is Republican, 614 00:36:21,280 --> 00:36:26,079 Republican governor, Republican, the state Senate, Republican. State House. John 615 00:36:26,119 --> 00:36:30,440 Tester is literally the last man standing for the Democrat 616 00:36:30,559 --> 00:36:33,679 party in Montana. So I think his days are numbered. 617 00:36:34,199 --> 00:36:36,360 I really do think. I think Timshee he can take 618 00:36:36,400 --> 00:36:39,719 him out, and I think he's likely to do so. 619 00:36:39,719 --> 00:36:44,719 So overall, I'm very optimistic about conservatism. In Montana. 620 00:36:45,199 --> 00:36:48,679 Speaker 1: Never a dull day in Montana, and let's face it, 621 00:36:49,519 --> 00:36:53,199 you know we talked about it early on in this conversation. 622 00:36:53,920 --> 00:36:57,480 The rest of the country we'll be watching Montana this November, 623 00:36:57,639 --> 00:37:02,800 that's for sure. I very much appreciate your time. The 624 00:37:02,880 --> 00:37:06,239 politics that are going on on the ground are so 625 00:37:06,400 --> 00:37:09,159 critical to what is going on in the national conversation. 626 00:37:09,239 --> 00:37:10,960 You're living at every day. 627 00:37:11,239 --> 00:37:13,199 Speaker 2: Well, happy to be here and for what it's worth. 628 00:37:13,360 --> 00:37:15,119 I'm a huge fan of The Federalist and love what 629 00:37:15,159 --> 00:37:15,679 you guys do. 630 00:37:15,840 --> 00:37:18,679 Speaker 1: Appreciate it very much. Thanks to my guest today, Montana 631 00:37:18,679 --> 00:37:21,800 Attorney General Austin Kannuts, and you've been listening to another 632 00:37:21,920 --> 00:37:24,719 edition of the Federalist Radio Hour. I'm Matt Kittle, senior 633 00:37:24,719 --> 00:37:28,000 correspondent at The Federalist. We'll be back soon with more. 634 00:37:28,360 --> 00:37:49,360 Until then, stay lovers of freedom. I'm anxious for the Fray.