Montana

Law firm asks judge to compel Gianforte, Brereton to produce communications – Daily Montanan

Published

2 years ago

January 20, 2024

Law firm asks judge to compel Gianforte, Brereton to produce communications – Daily Montanan

Attorneys for a Helena law firm have asked for summary judgment in a lawsuit against Montana Gov. Greg Gianforte and Department of Public Health and Human Services Director Charlie Brereton in an effort to compel them to produce records the firm requested but have been denied over claims of executive and attorney-client privilege.

Upper Seven Law asked Lewis and Clark County District Court Judge Christopher Abbott to grant its request in a filing Thursday, which came three months after the firm first sued Gianforte and Brereton in an attempt to obtain the records.

“The governor believes that holding the highest office in the state insulates him from the Montana Constitution’s transparency provision,” said Upper Seven Law Executive Director Rylee Sommers-Flanagan. “But the power of this office is precisely what the framers contemplated when they guaranteed Montanans a right to know. The governor’s policy decisions go to the heart of his service to Montana.”

The law firm in August asked the Governor’s Office and DPHHS for correspondence involving Gianforte’s General Counsel Anita Milanovich that referenced Senate Bill 458, a bill Gianforte signed that defines Montanans’ sexes as either male or female only, or SF-424 forms, which some state departments are required to fill out when applying for federal grants.

The form requires applicants to attest they will follow federal laws and standards, including anti-discrimination laws.

The firm specifically asked that the records custodian exclude communications directly from Milanovich to Gianforte and didn’t ask for emails exchanged with Brereton to try to avoid attorney-client privilege claims, according to court filings.

Upper Seven Law was looking for the communications because the firm was preparing to possibly sue over SB 458 (it did so in October) and had learned from social media posts that Milanovich had possibly “instructed Montana agencies to refuse to assure compliance with federal nondiscrimination law,” according to the lawsuit.

But the legal counsel for the Office of Public Information Requests denied the firm’s request, saying executive privilege had been asserted and that there were possibly documents that would be covered by attorney-client privilege. The governor is appealing a 2022 decision out of Lewis and Clark County District Court in which a judge ordered Gianforte to release records requested about bill tracking in the 2021 legislative session.

“We are aware that executive privilege is the subject of litigation and will reconsider this response if necessary on the final resolution with the Montana Supreme Court,” Office of Public Information Requests legal counsel Rebecca Narmore wrote, according to exhibits contained in the lawsuit.

DPHHS also denied the request on claims of executive and attorney-client privilege.

When the firm sued in October, it said the Governor’s Office and DPHHS had not provided any redacted documents or privilege logs — a list of records it considers private — and there was thus no way they could know if the documents were truly privileged or being withheld illegally on executive privilege claims the firm says do not exist under Montana law.

Three months later, the firm says nothing has changed, and Gianforte and Brereton continue to violate the public’s right to know under the state constitution.

The firm asked Judge Abbott to order they provide the court with the documents requested in camera so he can review them and see if any are truly covered under attorney-client privilege. It also asked him to order the two to produce a privilege log for any privileged documents and to provide any that are not covered to the firm.

In the request for summary judgment this week, the firm again asserted there is no executive privilege in Montana, that attorney-client privilege only shields legal advice between an attorney and their client and not all communications between them, and that even if there are privileged records, Gianforte and Brereton’s offices need to provide a privilege log or redacted responsive records under the law.

The request says the 1972 Constitutional framers did not contemplate any sort of executive privilege and the same court has recently upheld that notion, saying if there was executive privilege, it would be unclear whether any documents involving the Governor’s Office could be subject to the right to know.

“While the attorney-client privilege could theoretically protect a responsive email or a portion of the contents of the withheld communications, that possibility does not justify Defendants’ outright refusal to respond to Upper Seven’s requests and concomitant failure to produce a privilege log and redacted documents,” the filing says. “Twice in the last year, this Court has ordered that the executive branch must produce privilege logs in response to right to know requests.”

It also notes that lawmakers passed a bill in the 2023 session that further clarified how public information requests must be fulfilled, including procedures for the executive branch.

“Without a privilege log — or even a recognition that attorney-client privilege is distinct from the rejected executive privilege — it is impossible to know whether any of the requested documents may be shielded from disclosure,” Upper Seven Law attorneys wrote in Thursday’s request. “It is exceedingly unlikely that the requested documents are privileged.”

The law firm said that state agencies’ decisions not to comply with federal antidiscrimination law would also be a political decision and not legal advice, and that the right to know as it applies to the executive branch would be gutted if everything subject to potential future legal action triggered attorney-client privilege.

“The governor and DPHHS cannot withhold documents merely because they were produced by lawyers or discuss the law,” the filing says. “Here, the purpose of any guidance regarding SF-424 forms was to further the executive branch’s policies on discrimination — not to provide privileged legal advice.”

DPHHS and the Governor’s Office have said regarding the case that it does not comment on pending litigation.

In addition to the request that Abbott order a review of the documents and their release, the law firm has asked for a hearing in the event Abbott rules in their favor to ask for attorney’s fees.

2024-01-18 – SF-424 Brief in Support of Motion for Summary Judgement – FILED

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Montana

Montana GOP won’t endorse in federal races this cycle • Daily Montanan

Published

6 hours ago

March 5, 2026

Press Room

Montana GOP won’t endorse in federal races this cycle • Daily Montanan

Although newly minted GOP candidates for the U.S. House and U.S. Senate have garnered heavyweight endorsements, the Montana Republican Party said Thursday it won’t throw its support behind any candidates for federal office in the primary.

“The Montana Republican Party (MTGOP) stands behind its deep bench of qualified candidates seeking to represent Montanans and supports a competitive primary process to let voters pick their preferred candidates,” the Montana GOP said in a news release Thursday.

Monday, U.S. Rep. Ryan Zinke announced he was retiring due to health concerns once his term ends, and he immediately tapped talk-show host Aaron Flint as his preferred successor in Congress.

Secretary of State Christi Jacobsen and Flathead County Republican Central Committee Chairperson Al Olszewski also filed for the U.S. House as Republicans, as did Ray Curtis of Bonner.

Wednesday, U.S. Sen. Steve Daines withdrew, and in a statement the same night, announced an endorsement of former U.S. Attorney Kurt Alme, who had filed the same day.

In the Senate, Lee Calhoun and Charles Walking Child also filed to run in the Republican primary.

Endorsements for Flint and Alme cascaded. U.S. President Donald Trump endorsed both candidates, and U.S. Sen. Tim Sheehy and Gov. Greg Gianforte threw their weight behind Flint and Alme.

Late on Wednesday, the Montana GOP did not immediately have comment on the news Daines, Montana’s senior U.S. senator, had resigned, but Thursday, the party thanked Zinke and Daines for their service.

A news release said the party would not endorse any candidates in the federal primary and would leave the job in the hands of voters.

“The party hopes every candidate will make their case to the public, contrasting their Republican policies and principles with those of Democrats — as well as phony ‘Independents,’” the news release said.

Former University of Montana President Seth Bodnar announced a run for the U.S. Senate as an independent this week.

A tension within the Republican party has emerged in recent years between hardline conservatives and more moderate members, and some legislative primaries illustrate the split.

This week, the state GOP said the number of primaries for state legislative seats shows a high interest from Montanans who want to serve the state and pass Republican policy, and the MTGOP “is glad to see so many Republicans being called to public service.”

In a brief call, MTGOP spokesperson Ethan Holmes said the party had not ruled out endorsements in legislative primaries.

In the news release, however, the MTGOP offered its view of the larger political debate.

“Montana voters know that beyond the primaries, there is a clear choice between Republican and Democratic governance; one path leads to lower taxes, less crime and stronger families, and the other leads to higher taxes, more crime, and social decay,” MTGOP Chairperson Art Wittich said in a statement.

The news release also said the state GOP is working “tirelessly to deliver a Bright Red Future” at both the state and federal level and looks forward to help candidates whom voters select win in November.

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Montana

Montana Lottery Powerball, Lotto America results for March 4, 2026

Published

18 hours ago

March 5, 2026

Press Room

The Montana Lottery offers multiple draw games for those aiming to win big.

Here’s a look at March 4, 2026, results for each game:

Winning Powerball numbers from March 4 drawing

07-14-42-47-56, Powerball: 06, Power Play: 4

Check Powerball payouts and previous drawings here.

Winning Lotto America numbers from March 4 drawing

33-38-39-47-51, Star Ball: 07, ASB: 02

Check Lotto America payouts and previous drawings here.

Winning Big Sky Bonus numbers from March 4 drawing

01-07-08-27, Bonus: 12

Check Big Sky Bonus payouts and previous drawings here.

Winning Powerball Double Play numbers from March 4 drawing

05-10-26-53-59, Powerball: 06

Check Powerball Double Play payouts and previous drawings here.

Winning Montana Cash numbers from March 4 drawing

03-04-06-08-10

Check Montana Cash payouts and previous drawings here.

Winning Millionaire for Life numbers from March 4 drawing

12-13-36-39-58, Bonus: 03

Check Millionaire for Life payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

When are the Montana Lottery drawings held?

Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
Mega Millions: 9 p.m. MT on Tuesday and Friday.
Lucky For Life: 8:38 p.m. MT daily.
Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
Big Sky Bonus: 7:30 p.m. MT daily.
Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
Montana Cash: 8 p.m. MT on Wednesday and Saturday.
Millionaire for Life: 9:15 p.m. MT daily.

Missed a draw? Peek at the past week’s winning numbers.

This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.

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University of Montana president job draws high interest • Daily Montanan

Published

1 day ago

March 4, 2026

Press Room

University of Montana president job draws high interest • Daily Montanan

The search for a new University of Montana president has drawn more than 60 applicants, according to a spokesperson for the Office of the Commissioner of Higher Education.

“We do not have an exact count at this time, as several applications are still being completed and additional submissions are expected,” said spokesperson and Deputy Commissioner Galen Hollenbaugh in an email earlier this week.

In January, then-UM-President Seth Bodnar announced his resignation to pursue other public service. Wednesday, the final day of filing, he announced he was running as an independent for the U.S. Senate to try to unseat Republican incumbent Steve Daines.

Commissioner of Higher Education Clayton Christian earlier said that with the advice of AGB Search, a firm that’s helped the Montana University System conduct other executive searches, he would undertake an expedited process to appoint a new president.

Christian has been providing brief updates on a website dedicated to the search. Last week, he said he and AGB Search are reviewing applications, and the pool of candidates was “strong and diverse.”

The commissioner also announced he was convening a small working group to assist in the search, members who “represent a variety of perspectives to assist in vetting and narrowing this field of exceptional candidates.”

In an email this week, Hollenbaugh identified the members of the working group who are assisting Christian with application review as: