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Montana Is Writing the Playbook on How To Deal With China

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Montana Is Writing the Playbook on How To Deal With China


Montana just took an important step to protect its citizens from authoritarian regimes. By now everyone has heard that the state banned TikTok—and of course TikTok has sued to block the measure. That was two weeks ago. The very same day, Governor Greg Gianforte signed another measure that deserves some national attention. Montana House Bill 946 requires full disclosure of any relationships between Montana’s public universities and entities affiliated with China. The provision fills significant gaps in longstanding federal reporting requirements, but Montana isn’t just improving upon a flawed federal statute. The move also fills a gap at the state level, where the Chinese Communist Party (CCP) has walked unimpeded into American universities and K-12 schools.

The legislation has two key features. First, it requires disclosure of all relationships an educational institution has with China. This requirement is necessarily broad. More narrowly tailored data disclosure requirements would provide universities a road map to steer clear of disclosure altogether.

Second, while the statute’s disclosure requirements are broad, its application is narrow. Universities only have to disclose relationships with “countries of concern” as defined in a federal statute. Those countries are Russia, Iran, North Korea and China—though only China has much in the way of working relationships with America’s universities (and indeed with Montana’s). Universities will certainly feel the reporting burden of the new law, but that burden only applies to relationships with world’s worst authoritarian regimes. Schools will finally be required to think critically about the true origins and connections of their research and educational partners—and reassess whether those relationships are appropriate. In any event, the reporting burden is only as heavy as universities’ relationships with China make it.

For the CCP, Western universities are diamond mines of intellectual property and, at the same time, convenient venues for suppressing criticism of Beijing. Fortunately for the party, funding STEM research naturally helps to suppress critical speech, since a university receiving support from China is reluctant to bite the hand that feeds it.

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This photo illustration shows the TikTok logo and Chinese flag reflected in an image of the US flag, in Washington, DC, on March 16, 2023. – China urged the United States to stop “unreasonably suppressing” TikTok on March 16, 2023, after Washington gave the popular video-sharing app an ultimatum to part ways with its Chinese owners or face a nationwide ban.
Stefani Reynolds / AFP/Getty Images

Do U.S. universities hide their relationships with China? One recent story is fairly representative. Last week it was revealed that U.C. Berkeley chose not to disclose to federal authorities a $220 million joint research relationship funded by the city of Shenzhen, China. Berkeley appears to have believed that the partnership’s structure meant that it didn’t have to be disclosed under federal law. Even if technically true, nothing prevented Berkeley from disclosing the money anyway. In any event, the Montana statute clearly requires full disclosure of this kind of collaboration.

But doesn’t our constitutional system give the federal government responsibility for foreign relations? Why should states be passing laws related to these things?

China’s carefully designed system of global foreign influence exploits domestic entities like schools, media outlets, and political parties. The presence of these foreign players inside our domestic institutions has highlighted gaps in our system. If representatives of China’s Confucius Institute program had traveled to Washington, D.C., to seek permission to operate in American schools, they would have searched in vain for an agency with the power to grant or deny that permission. In our federal system, education is rightly local. The U.S. Department of Education provides funding and enforces civil rights laws, but it has no curricular authority. The Department of State’s Bureau of Educational and Cultural Affairs touches education, but its focus is on foreign matters. As a result, CCP proxies deal directly with the states and their schools. Those states have generally been willing partners, perhaps because they don’t think national security or international relations are their problem. It’s an understandable assumption—but it’s not quite right.

All universities and K-12 schools are chartered and regulated by the states in which they operate, and public schools are a product of state budgets and state laws. States manage education, and they need to update their approach to account for contemporary risks. These days, that means pursuing transparency in foreign influence and interference operations so they can collaborate with federal authorities when problems arise. Montana took an important step in the right direction; other states should follow suit.

Dan Currell is a Fellow at the National Security Institute at George Mason University’s Antonin Scalia School of Law and a former Senior Advisor at the U.S. Department of Education.

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The views expressed in this article are the writer’s own.



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Montana’s attorney general said he recruited token primary opponent to increase campaign fundraising

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Montana’s attorney general said he recruited token primary opponent to increase campaign fundraising


Montana’s attorney general told supporters he skirted the state’s campaign finance laws by inviting another Republican to run against him as a token candidate in next month’s primary so he could raise more money for the November general election, according to a recording from a fundraising event.

“I do technically have a primary,” Attorney General Austin Knudsen said last week when asked at the event who was running against him. “However, he is a young man who I asked to run against me because our campaign laws are ridiculous.”

Knudsen separately faces dozens of professional misconduct allegations from the state’s office of attorney discipline as he seeks a second term. He made the comments about his primary opponent during the fundraiser on May 11 in Dillon, Montana, according to the recording obtained by the Daily Montanan, which is part of the nonprofit States Newsroom organization.

In the recording, Knudsen is heard saying that Logan Olson “filed to run against me simply because under our current campaign finance laws in Montana, it allows me to raise more money. So, he supports me and he’s going to vote for me.”

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Knudsen’s senior campaign adviser Jake Eaton declined to comment on the recording.

Olson, a county attorney in rural northeastern Montana, denied being recruited by Knudsen. Campaign finance records indicate his filing fee was paid by a longtime Republican operative who is also a Knudsen donor.

The state’s campaign finance watchdog agency, the Commissioner of Political Practices, is investigating complaints filed by the executive director of the Montana Democratic Party that allege an agreement between Knudsen and Olson.

Under state law, a person cannot pay or “promise valuable consideration” to another person to induce them to be a candidate, or to withdraw as a candidate.

Democrat Sheila Hogan’s complaints say Knudsen started raising donations exceeding the $790-per person allowed without a primary opponent long before Olson filed on March 11 — the final day for candidate filing.

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“Olson is not a legitimate, good faith candidate for Attorney General,” both complaints state.

Eaton, who called the complaint against Knudsen frivolous, said it was “common practice for candidates to accept primary and general contributions and then return the money if there is no contested primary.”

He suggested Democratic Attorney General candidate Ben Alke, a Bozeman attorney, was also accepting more money than what is allowed from individual donors.

However, a search of Alke’s campaign finance reports shows only contributions to his primary campaign.

Knudsen and Olson have until May 23 to respond to the complaints, although Olson has requested an extension, commissioner Chris Gallus said Friday.

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Olson has not raised or spent any money in the race, according to a report filed by his treasurer on Friday.

His April campaign finance report listed a debt of more than $1,500 to Standard Consulting of Helena for reimbursement of his filing fee.

“I did pay Logan’s filing fee and helped him file for office,” Chuck Denowh, a Republican operative and owner of Standard Consulting, said in an email Friday. “I did so because he asked me to.”

Denowh has donated $1,580 to Knudsen — $790 each for the primary and general elections.

Alke said the professional misconduct allegations and other actions by Knudsen are why he’s running for attorney general.

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Knudsen is facing 41 counts of professional misconduct on allegations his office tried to undermine the Montana Supreme Court while defending a challenge to a state law about judicial nominations. The Commission on Practice is scheduled to hear the case in mid-July and recommend whether Knudsen should be punished.

Separately, in early 2021 Knudsen ordered the Lewis and Clark County attorney to dismiss concealed carry weapons charges against a man who allegedly threatened a restaurant manager trying to enforce the state’s pandemic mask mandate. Knudsen’s office later pleaded the case down to disorderly conduct.

In October 2021, a Helena hospital said three unspecified public officials threatened doctors after they refused to treat a COVID-19 patient with ivermectin, a drug for parasites that is not federally approved for the virus. Knudsen’s office later confirmed that he participated in a conference call with hospital executives and that he sent a Montana Highway Patrol trooper to the hospital to talk with the patient’s family after they claimed mistreatment — something the hospital denied.

“This sort of conduct from the chief legal officer and law enforcement officer of the state of Montana is inappropriate and I hope people are paying attention because this is just one of several issues with Austin Knudsen,” Alke said Thursday.



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Q&A: Roger Roots, Libertarian Candidate for Clerk of the Montana Supreme Court

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Q&A: Roger Roots, Libertarian Candidate for Clerk of the Montana Supreme Court


We are gathering information from all statewide candidates as a resource for the 2024 Primary Elections. Responses were limited to 200 words per question. Political attacks may have been removed, but otherwise, the responses are published unedited.

What is your full name, as it will appear on the ballot?  

Roger Roots

What is your age? 

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56

Where do you live?

Livingston, MT

What is your education background? 

High school dropout. B.S. Sociology, MSU-Billings. J.D. & M.C.J., Roger Williams University (Rhode Island); Ph.D., Sociology, UNLV.

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Please list your current and previous occupations.  

Currently a criminal defense lawyer. Formerly a professor of criminal justice and sociology. Also founder of Lysander Spooner University.

What motivated you to seek the office of Clerk of the Supreme Court ?

Intrusive, expansive government is the greatest threat faced by all mankind. Government is the greatest source of danger and violence in the lives of most people on earth. Governments murdered at least 70 million of their own people during the 20th century; and probably many more. [EDITOR’S NOTE: MTPR could not find evidence supporting this claim.] Since the late 1990s I have been an active Libertarian, seeking to educate and alert people to the evils of government.

What experience do you have in filing, storing or managing court records?

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I have been an active lawyer since 2003 and am quite familiar with court clerical duties and operations.

What role does partisanship play in the office of Clerk of the Supreme Court?

It shouldn’t play much role at all. As clerk of the Supreme Court, I will always look out for the freedoms of the people of Montana as my highest priority.

Do you think there are ways the office of Clerk of the Supreme Court can improve?

Yes. There are times the Clerk must act as a check on the Supreme Court itself. As Clerk I will make sure the Court is always open for the people’s grievances.

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What role should the Clerk play in the operations of the Montana Supreme Court?

The most important role is smoothness and efficiency. The Clerk must also act to protect Montana citizens from the Court, at times. The Clerk must, of course, serve the justices; but first and foremost he must serve the people of Montana.





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Montana’s First Congressional District candidates: Dennis Hayes

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Montana’s First Congressional District candidates: Dennis Hayes


BOZEMAN — Continuing our look at candidates for Montana’s Western Congressional District, we meet a Bozeman man running on the Libertarian ticket. MTN’s Kristin Merkel introduces us to Dennis Hayes.

“Because of all the corruption that’s in this government and in the court system, the Forest Service, the BLM—there is too much corruption and too much stealing American taxpayers money.” — Dennis Hayes

Libertarian Congressional candidate Dennis Hayes from Tulsa, Oklahoma is running for a spot in Congress to investigate what he believes is corruption from several organizations and government entities.

“I’m going in to start investigating the Forest Service. I’m going to investigate the BLM. I want to investigate the court system, because I’ve been to court on this, and I’ve seen how corrupt the court systems are,” Hayes said. “And even with the illegals and stuff, this government is giving our money away to illegals and to different countries, and they don’t have the right to do that.”


See more MTN interviews with the candidates in Montana’s First Congressional District race:

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Hayes says his campaign strategy is all word of mouth.

“Free publicity—I’m on Social Security, don’t have any money. I’ve had people wanting me to run, so that’s why I’m running. Because I’m a small minor, and I’ve been having problems with the Forest Service on their corruption and the corruption of the BLM.”

The primary election for the Congressional seat is on June 4.

The Libertarian ballot also has Ernie Noble listed as a candidate. MTN News was scheduled to interview him, but he did not show and has not returned our calls.

Election website Ballotpedia has him listed as unofficially withdrawn, but according to the Montana Secretary of State, he has not withdrawn through its office.

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