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In Missoula, Tester touts bills protecting public land, hunter ed

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In Missoula, Tester touts bills protecting public land, hunter ed


Laura Lundquist

(Missoula Current) Montana’s senior senator was in Missoula Friday celebrating the speedy passage of one of his bills and the long-awaited progress of another.

On Friday afternoon, hikers, hunters and horsemen filled the basement of the Trail Head to celebrate the recent progress of the Blackfoot Clearwater Stewardship Act, S.2149, and to thank its sponsor, Sen. Jon Tester, for carrying the bill for so many years.

“We need to get energized. This is the time of our very last push,” Addrien Marx, Blackfoot Clearwater Steering committee member, told the crowd of about 50. “We need to spark Senator Tester by making our presence evident and reflect all those people who support this incredible act. But it’s up to us to bring it through. After 20 years, we’re so close. If we can’t get our act together, the landscape fails, the businesses fail, our children fail, the future fails – it’s on us.”

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On Sept. 21, the Senate committee on Energy and Natural Resources approved the Blackfoot Clearwater Stewardship Act as part of a package of 21 bills. It’s the first time the bill has made it out of committee since Tester first introduced it in March 2017.

The Blackfoot Clearwater Stewardship Act would add about 78,000 acres to the Bob Marshall, Scapegoat and Mission Mountains wilderness areas and create two recreation management areas for snowmobiling and mountain biking. It was the product of a collaborative effort that brought together recreationalists, timber companies and wilderness advocates 20 years ago. They hammered out a compromise that has already produced timber and land restoration projects from north of Seeley Lake to north of Ovando.

“It’s been a long road. It feels like it’s been my whole career at that Trailhead that we’ve been talking about this thing. It’s not quite that. But to me, it’s about getting those permanent protections done,” said Todd Frank, Trail Head owner. “Compromises are incredibly hard, but the best ones are where everyone who walked away left a little bit on the table. They gave up a little bit to get a little bit more.”

Both Frank and Marx touted the 2023 Colorado College State of the Rockies poll, which found that 84% of Montanans support passage of Tester’s bill. That’s up from five years ago when a University of Montana poll, commissioned by the UM Crown of the Continent and Greater Yellowstone Initiative, found 73% supported the bill.

Tester told the crowd they were the ones behind the bill’s progress; he was just the vessel to carry the bill.

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“We live in a time when compromise oftentimes is a dirty word, when, in fact, compromise is the way you get things done. And there’s no better example of that than the BCSA,” Tester said. “What resulted was a piece of legislation that was good for everybody, where everyone could walk away from the table and say, ‘I didn’t get everything I want, but damn, that’s a pretty good piece of legislation.’ And the proof of that is that number: 84%. There ain’t nothing that gets 84% approval in this country.”

But the bill still has to get through the full Senate and the House. Like many public land bills, Tester’s bill will likely pass the Senate as part of a package attached to an omnibus budget bill to fund the government for the next year. The question then is what will happen in the House of Representatives, which has only recently returned to work after finally electing a speaker.

“The truth is these landscapes are disappearing and they’re disappearing really quickly. They’re not going to be around for our kids and grandkids to enjoy unless we do something about it today,” Tester said. “I would ask you to get proactive on this. We’ve got a moment in time between now and the end of the year when I think we can put enough pressure on people who serve in Congress to make them realize that Montanans want this. Because they do want this. It’s a winning issue and if they would jump on board and help push this across, they could take credit. Just like all of you can take credit. Just like the people in Montana could take credit. We have our work ahead of us. But we’re closer now than we’ve ever been before.”

Zach Angstead, Wild Montana Federal Legislative Director, gives Sen. Jon Tester an award on Friday of a horseshoe that belonged to one of wilderness outfitter Smoke Elser’s packmules. The Blackfoot Clearwater Stewardship Project gave it to Tester for his “dedication and all the miles you’ve covered to get us here.” (Laura Lundquist/Missoula Current)

Zach Angstead, Wild Montana Federal Legislative Director, gives Sen. Jon Tester an award on Friday of a horseshoe that belonged to one of wilderness outfitter Smoke Elser’s packmules. The Blackfoot Clearwater Stewardship Project gave it to Tester for his “dedication and all the miles you’ve covered to get us here.” (Laura Lundquist/Missoula Current)

Earlier in the day, at the Rocky Mountain Elk Foundation’s Visitors Center, Tester was able to celebrate a complete victory with the passage of his Defending Hunters Education Act, S.2735, which President Joe Biden signed on Oct. 6. Tester had introduced the bill to the Senate exactly one month earlier.

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Representatives of the Rocky Mountain Elk Foundation, Montana Backcountry Hunters and Anglers and the Boone and Crockett Club talked up both the bill and the speed at which it moved through an otherwise bickering Congress.

“When we saw the Department (of Education) make this rule, we knew something was wrong. So we spoke out. We were pretty loud about it. And it happened quicker than we all thought it was going to,” said John Sullivan, Montana Backcountry Hunters and Anglers president.

The issue popped up in late spring when members of Congress learned that the Department of Education had interpreted part of the Bipartisan Safer Communities Act – which prohibits schools from using federal education funds to purchase “dangerous weapons” for use in schools – to mean the department couldn’t allow funding to go to shooting sports programs, such as Hunter Education.

Congress passed the Bipartisan Safer Communities Act in 2022 in the wake of the school shooting in Uvalde, Texas, and the racially motivated mass shooting in Buffalo, N.Y. The act improved background checks for those purchasing guns, closed legal loopholes that allowed violent offenders to get guns and expanded community violence intervention programs and mental health services, particularly in schools. The intent of prohibiting the purchase of dangerous weapons was to prohibit schools from using federal education funds to buy guns for teachers and provide them with training to use them, according to an Education Week article.

But hunters protested when the Education Department apparently interpreted the clause to apply to the purchase bows or rifles used in archery or hunter education classes.

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Several members of Congress wrote to Education Secretary Miguel Cardona protesting the decision. Texas Sens. John Cornyn and Thom Tillis wrote a July 10 letter noting that schools in their district told them the department “has begun withholding funds to programs which offer archery and hunter’s safety.”

When the Missoula Current asked the Department of Education on Friday about their interpretation, the public affairs office sent an email saying, “As we have said previously, the Department has not withheld any Federal funds from any State, school district, or any other grantee or subgrantee as a result of the previous statutory language in the Bipartisan Safer Communities Act.”

Tester wrote an Aug. 2 letter urging Cardona to reconsider, saying the misinterpretation “is limiting student learning opportunities critical to student safety.” On Friday, Tester said the Bipartisan Safer Communities Act probably could have been better written to prevent confusion.

“The agency could have interpreted it differently, but it wasn’t crystal clear. But the bottom line is I don’t think it should have taken an act of Congress to do this,” Tester told the Current. “We sent letters, made phone calls to say, ‘Hey you need to wake up and fly right.’ They said no, so we went to work, dropped in a bill by the first of September and it was passed by the first of October.”

Tester said the Defending Hunters Education Act was able to move so fast because the Senate approved it using unanimous consent, a process where a motion is passed in one action as long as there are no objections. None objected to a bill supporting education on bows and firearm safety with little to do with “purchasing dangerous weapons.”

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“Gun bills don’t get done by UC,” Tester said.

Tony Schoonen, Boone and Crockett Club CEO, stressed the importance of hunter education and called the rapid passage of the bill nothing short of a miracle.

“Hunters safety, archery in the schools, these are programs that teach kids how to handle firearms safely, teach them how to hunt ethically, they teach them how to be stewards of the land. There’s no better place for this education to happen than the places where our communities come together and that’s our public schools,” Schoonen said. “Sen. Tester’s with his Defending Hunters Education Act, that has clarified this issue once and for all.”

Contact reporter Laura Lundquist at lundquist@missoulacurrent.com.





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Montana

US Attorney announces dismantling of meth-trafficking ring based on Crow Reservation • Daily Montanan

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US Attorney announces dismantling of meth-trafficking ring based on Crow Reservation • Daily Montanan


Twenty-seven people were convicted as part of a broad meth and fentanyl-trafficking ring based on the Crow Indian Reservation but tied to three other reservations in Montana, as well as Washington state and Mexico, Montana’s U.S. Attorney announced Thursday.

U.S. Attorney for the District of Montana Jesse Laslovich said the operation to target the drug-trafficking ring Spear Siding was one of the largest drug trafficking investigations in Montana in recent years. It started in June 2022 and ended in a raid in April 2023. Laslovich announced the convictions at a news conference in Billings on Thursday.

According to the U.S. Attorney’s Office and federal court documents, two homes on the Crow Reservation, one of them called Spear Siding, where some of the top dealers lived, were the center of the trafficking ring and dealt meth on the Crow and Northern Cheyenne reservations in southeastern Montana.

But the ring also expanded to Rocky Boy’s and the Fort Belknap reservations and into Billings and Havre. The conspirators would trade drugs for pounds of meth and guns at the Spear Siding property, and sent proceeds from the drug sales to Washington, California, and Mexico, the U.S. Attorney’s Office said.

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“The Spear Siding trafficking organization moved onto the Crow and Northern Cheyenne Reservations to exploit and prey on persons addicted to meth and fentanyl, all due to greed. While meth and fentanyl distribution impacts all of Montana, these drugs continue to disproportionately devastate Indian Country,” Laslovich said in a statement. “As this Spear Siding investigation shows, Montana’s Indian reservations are not a safe haven for out-of-state traffickers who think they can move in, set up shop, and enlist local residents to peddle drugs.”

Twenty-seven people pleaded guilty to drug trafficking, firearms crimes, or both, his office said. Two alleged co-conspirators are still on the run, including one of the top-level people behind the operation.

Wendell Lefthand and his sister Frederica Lefthand, who both lived at the Spear Siding home, each had a hand in running the operation. Wendell Lefthand initially was running the operation along with one of the now-fugitives, whom he met through a meth distributor in Washington. That unnamed co-conspirator moved to the Spear Siding home, after which “business started booming,” according to the U.S. Attorney’s Office.

Wendell Lefthand was arrested in June 2022 on a different charge, and his sister took over the Montana operation, dealing “pounds and pounds and pounds” of meth, according to court documents.

She and the co-conspirator allegedly built an operation that sent hundreds of pounds of meth to the Crow and Northern Cheyenne reservations to be distributed to lower-level dealers.

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The Drug Enforcement Administration, Federal Bureau of Investigation, and Bureau of Indian Affairs conducted and assisted with the investigation.

“Cartel members preyed on an already vulnerable population, further fueling the drug crisis on Montana’s Indian Reservations, and employing members of the community to peddle poison to their own people,” Salt Lake City FBI Special Agent in Charge Shohini Sinha said in a statement. “Too many lives have been lost to illicit drugs. Too many families have suffered. The FBI and our partners will not stop pursuing criminals harming our communities.”

The 27 people convicted received the following sentences, according to the U.S. Attorney’s Office:

  • Wendell Lefthand, of Lodge Grass: 180 months in prison
  • Frederica Lefthand, of Lodge Grass: 288 months in prison
  • Roderick Plentyhawk, of Billings: 300 months in prison
  • Carly Joy James, of Billings: 84 months in prison
  • Jeffrey Prettypaint, of Crow Agency: 60 months in prison
  • Darlon Richard Lefthand, of Billings: 84 months in prison
  • Keilee Shambrae Diaz, of Hardin: 12 months, one day in prison
  • Zachary Douglas Bacon, of Garryowen: time served
  • Morgan Luke Hugs, of Hardin: 48 months in prison
  • Anthony Springfield, of Hardin: time served
  • Haley James, of Billings: time served
  • John Littlehead, of Billings: 48 months in prison
  • Marianna Wallace, of Omak, Washington: 36 months in prison
  • Yvon Lopez Flores, of Omak, Washington: 48 months in prison
  • Jacklyn Littlebird, of Lame Deer: time served
  • Adrienne LaForge, of Lame Deer: 24 months in prison
  • Geofredo James Littlebird, of Lame Deer: pending sentencing
  • Nancy Hartsock, of Billings: 72 months in prison
  • Joe Simpson, of Lame Deer: 240 months in prison
  • Melanie Bloodman, of Billings: time served
  • Renita Redfield, of Lodge Grass: 63 months in prison
  • Daniel Jiminez-Chavez, of Omak, Washington: 84 months in prison
  • Sayra Longfox, of Lodge Grass: pending sentencing
  • Emma King, of Lame Deer: pending sentencing
  • Antonio Infante, of Brewster, Washington: 128 months in prison
  • Elisha Felicia, of Wyola: 60 months in prison
  • Nicole Schwalbach, of Billings: 120 months in prison



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Man who carried out armed robbery with no pants on at Montana gas station jailed

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Man who carried out armed robbery with no pants on at Montana gas station jailed


A man who carried out an armed robbery at a Montana gas station while wearing no pants has now been jailed.

The bizarre robbery unfolded on October 16 2023 when Samuel James Collins barged into a Town Pump gas station in Townsend, near Great Falls, wearing a hooded blanket coat, but no pants or shoes, and fired a round from a pistol, prosecutors said.

Collins, 34, then demanded money from two employees who handed over roughly $330 in cash, before he fled the scene in a pickup truck.

The entire incident was captured on surveillance footage, showing the armed robber’s unusual choice of attire.

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Just 20 minutes after fleeing the scene, the 34-year-old was tracked down by Meagher County Sheriff’s Office deputies and taken into custody.

Officers found a loaded 9mm pistol, $329 in cash and a shell casing inside his truck.

A bullet and shell casing recovered from the gas station were found to match the pistol, prosecutors said.

Collins pleaded guilty in July to possessing and discharging a firearm during a crime of violence, according to the US Attorney’s Office for the District of Montana.

On Wednesday, he was sentenced to 10 years in prison followed by three years of supervised release.

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Judge hears arguments over effort to block Montana rule barring sex designation changes • Daily Montanan

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Judge hears arguments over effort to block Montana rule barring sex designation changes • Daily Montanan


A district court judge in Helena heard arguments Thursday afternoon from attorneys seeking a preliminary injunction on behalf of two transgender Montanans who argue that a rule from the state public health department preventing them from changing their government documents to denote their gender instead of their birth sex is unconstitutional.

ACLU of Montana attorney Alex Rate told Lewis and Clark County District Court Judge Mike Menahan that the Department of Public Health and Human Services’ rule finalized in February essentially prohibits transgender Montanans from changing the sex designations on their birth certificates.

He argued that the state Motor Vehicle Division is not allowing the plaintiffs, Jessica Kalarchik and Jane Doe, to change their sex designations on their driver’s licenses because they are unable to change those designations on their birth certificates in the first place.

Rate used the words of Missoula County District Court Judge Jason Marks when he struck down a bill to prohibit youth from receiving gender-affirming care in September 2023.

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“The purported purpose given for these policies is disingenuous. It seems more likely that the policy’s purpose is to ban an outcome deemed undesirable by the State of Montana. This conduct is replete with animus towards transgender persons,” Rate said, citing Marks’s order.

The state, represented by the Attorney General’s Office, argued that sex and gender are not interchangeable, and that court precedent recognizes sex as a binary of male and female.

The plaintiffs are asking the court to issue an injunction barring DPHHS from enforcing its rule and the MVD from not changing sex designations on driver’s licenses, which has not been introduced as a written policy but one which the plaintiffs’ attorneys say is being enforced on the ground.

They are also seeking to certify a class of transgender Montanans in what they hope will become a class-action lawsuit protecting the rules from being enforced for all current and future transgender Montanans who want to change their birth certificates and IDs or driver’s licenses.

Marks said issuing a preliminary injunction would restore the status quo in place in 2017, when Montanans were allowed to change their sex designations without issue. He said that even though a 2021 law that was similar to the DPHHS rule finalized this year was struck down as unconstitutional, the department was in 2023 found to be in contempt of court for “openly and repeatedly” defying the injunction.

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And in February, the department moved ahead with the rule change after the Legislature passed a bill, Senate Bill 458, aiming to state in Montana law that there “are exactly two sexes, male and female.” DPHHS said the only changes to sex designations allowed would be to correct errors on birth certificates. A district court judge this past summer found Senate Bill 458 to be unconstitutional as well, though the state is appealing that decision.

Rate told Menahan that backstory is key to proving that the State of Montana is targeting transgender people with the rule and discriminating against them in violation of the state Constitution, its equal protection clause, and the right to privacy it affords Montanans. He argued the state offered no compelling interest for the rule.

“The state says that this isn’t speech at all, but rather a record. But that is a statement of your sex, and the state is forcing our clients to present their view of their sex,” Rate said. “The state cannot arbitrarily decide what is an individual’s sex and force them to speak that into the world. That is the definition of compelled speech.”

Assistant Attorney General Alwyn Lansing (right) tells Judge Mike Menahan why he should not issue an injunction blocking a DPHHS rule concerning birth certificate changes. (Photo by Blair Miller, Daily Montanan)

Assistant Attorney General Alwyn Lansing argued on behalf of the state, telling Menahan that the plaintiffs were trying to get the court to make transgender people a protected class.

“To adopt plaintiffs’ argument would be to create a new protected class, which is gender identity, that is in direct conflict with Montana Supreme Court precedent. The Legislature is the only one who could do that,” she said. “…The right to privacy does not include a right to replace an objective fact of biological sex on a government document with subjective gender identity.”

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She also contended that since not all transgender Montanans are seeking to update their personal documents, siding with the plaintiffs would prescribe “personal values of some onto the laws which govern all.”

Rate said the state could not rely on Senate Bill 458 because it is enjoined, and the expert testimony the plaintiffs submitted from two medical experts in the transgender field showed there is a strong relationship between sex and gender identity, and that disallowing that expression was harmful and discriminatory to transgender Montanans.

Arguing as to why a class should be certified in the case, ACLU attorney Malita Picasso said state data showed at least 280 Montanans had sought to amend their birth certificates during the past seven years, at least 85 since 2022. She said certifying a class of transgender Montanans who currently or in the future may want to change their sex designations would ensure that any court decision would apply to all transgender Montanans, not just the current plaintiffs in the case.

She also said that certifying a class for the case would prevent confusion should separate cases be filed in other Montana district courts and judges come to differing conclusions. Assistant Attorney General Thane Johnson told the court that whatever Menahan decides regarding the injunction would apply to the entire state of Montana, and he believed the plaintiffs did not meet all the necessary prongs to turn the case into a class-action suit.

Picasso responded that the state’s record showed it would try to fight the changes even if an injunction was granted, however. She said that if Menahan issues an injunction and the two plaintiffs do get their documents changed, the state could then claim the case and injunction were moot because the plaintiffs had gotten the relief they had sought, then apply the same rules to other transgender Montanans.

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“If the defendants would like to enter a stipulated agreement in which they, you know, say that they won’t enforce it as to others, then I think that maybe we could reconsider,” Picasso said. “But at this stage, it seems pretty clear that were the injunction to be issued only as to the named plaintiffs, that the defendants would be arguing for that to be limited to just them.”

Menahan did not issue any orders from the bench Thursday and did not state when he might do so following the two-hour hearing.



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