Montana declares victory in Real ID

Clint Sample, American hero

Clint Sample, American hero

Probably you don’t even know this, because your state kowtows to the federal government, but last week was the deadline for state driver’s licenses to comply with Real ID requirements or stop being valid to board commercial aircraft. What’s Real ID? The Department of Homeland Security says it’s a system of standards to make state-issued identifications harder to forge. The Montana legislature says it’s an unconstitutional infringement on states’ rights, which is the kind of argument that hasn’t been decided in favor of a state since, I dunno, Dredd Scott.

Nevertheless, the great state of Montana made it illegal to comply with Real ID in 2007. We also started making our driver’s licenses a little harder to fake, including the futuristic expedient of not printing everything on that clear top layer you can peel off with an X-acto knife. It’s almost as if Real ID were a good idea, and the problem was that it came from somebody else.

But the real problem, according to the legislature in 2007 and the governor and attorney general now, is privacy. The feds might use Real ID to gather information about our driver’s licenses, even though the DHS explicitly said it wouldn’t do that, and even though there’s no evidence it has. But that hasn’t stopped Governor Bullock and Attorney General Fox from declaring victory over Real ID in a press release after the DHS extended our deadline to comply by one year.

That’s a dubious kind of victory. It’s also a little unseemly for Montana’s executive branch to defy the federal government on this specious privacy issue when the DHS has been proven to invade our privacy in much more real and problematic ways. I don’t remember Bullock standing up to the feds when we learned that the NSA was collating our emails, texts, and phone records. You can read all about these contradictions in this week’s column for the Missoula Independent. I’ll be here at my desk, watching the leaves fall gently on the unmarked van that’s been parked outside my house since Tuesday.

Missoula County Attorney enters endgame

Missoula County Attorney Fred Van Valkenburg

Missoula County Attorney Fred Van Valkenburg

Fred Van Valkenburg is back from vacation today, and I do not envy him his voice mailbox. Probably he checked it while he was away. We know he read the paper, because he sent attorney Jim Ghidella an angry email after Ghidella wrote a letter to the editor critical of Van Valkenburg’s fight against the US Department of Justice. For those of you who have not followed this story: in 2012, the DOJ announced that it was investigating the University of Montana, Missoula police, and the county attorney’s office for improper handling of sexual assault cases. The police and UM cooperated, and their investigations are now over. Van Valkenburg, on the other hand, has insisted all along that Justice has no jurisdiction over his office, and recently got $50,000 from the county commission to pursue a declaratory judgment against them. That lawsuit was filed earlier this week—just in time for us to learn about the agreement that Montana’s state attorney general made with the DOJ in 2012 to cooperate with investigators.

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The ATP documents/meth house story is not going away

An image from ATP’s press release about how transparent they are

Last night, Frontline aired its half of the Pro Publica story about documents found in a meth house suggesting that American Traditions Partnership coordinated with the Republican Party. ATP has been particularly active in Montana, suing to force the state to comply with Citizens United v. FEC in 2010 and, now, pursing a suit to overturn campaign contribution limits. ATP does not have to disclose its donors to the FEC, because ATP is not a political organization. As they helpfully explain in their press release, they’re a grassroots education nonprofit. One of their educational publications, for example, is the Montana Statesman, a website that just happens to run only articles about how awful various Democratic candidates are. The Statesman bills itself as “Montana’s oldest and most trusted news source.”

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