Can I Pay for that Whiskey with Dark Money?

Fly rod and whiskey flask — the perfect Montana combination. Photo courtesy Bozeman Spirits Distillery
By Brent Zundel
For the Bozeman Magpie
August 25, 2013
Author’s Note: This article originally appeared in the Bozeman Magpie. Mr. Art Wittich did not respond to multiple requests for comment until after this piece was published. The piece below has been updated to reflect his statements.
A lawsuit that was filed against the City of Bozeman in June could have wide-ranging impacts on Montana’s burgeoning distillery industry. The law firm of Montana Senate Majority Leader Art Wittich, R-Bozeman, is leading a suit against the City of Bozeman for allowing a new microdistillery to open its doors in Bozeman’s historic downtown.
In May, the Bozeman City Commission approved a conditional use permit that would allow Bozeman Spirits Distillery and Tasting Room to open at 121 West Main Street, the property previously occupied by Schnee’s, a footwear and outdoor clothing retailer. That would put the new distillery within Bozeman’s historic downtown, right next door to the landmark Baxter Hotel. Jim R. Harris, III, is the would-be proprietor of Bozeman Spirits, a man who’s lived in Bozeman for over two decades and helped co-found the popular Outside Bozeman magazine.
Brit Fontenot, Bozeman’s Directory of Economic Development, welcomed the potential addition of a microdistillery to downtown. Read More…
Montana GOP Outlines Strategy during Weeklong Retreat in Mordor
By Brent Zundel and Pat Hessman
For the MSU Exponent
April 11, 2013
Note: This column originally appeared as part of the Exponent’s Sugarbeet page, a satirical biweekly feature that attempts to stimulate discussion of critical community issues.

Members of the Montana GOP outline their strategy during a recent weeklong retreat in Mordor. Illustration by Pat Hessman, MSU Exponent
The Dark Lord Sauron’s index finger was conspicuously bare as he stabbed at a Billings Gazette article about Gov. Steve Bullock’s plan to fight dark money in Montana politics.
“What do we need to do to better spread our cold grip across the state?” he bellowed as the savage roar of Republican legislators rose all around him. His thunderous words were well-received, with those in attendance firing assault rifles into the air, beating their foreheads with Bibles and knocking back shot after shot of Roughstock Montana Whiskey.
Speaking from behind the Black Gate, the Dark Lord led Republican legislators during their annual strategy retreat in Mordor. Throughout the weeklong event, Republicans from across the state looked at ways to move their party forward into the 19th century, from resisting any federal attempts to enforce gun control to fighting for lower taxes. Read More…
Student Voting Rights Threatened in 2013 Montana Legislature
By Brent Zundel
For the MSU Exponent
January 15, 2013
Students’ voting rights are again under fire as the 63rd Montana Legislature considers a number of bills that would disproportionately disenfranchise some of the most neglected segments of society.
In addition to undercutting the ability of many senior citizens, Native Americans and low-income Montanans — groups that are already especially vulnerable — to vote, the rights of students are also threatened.
This attitude toward students is, unfortunately, nothing new. Read More…
Wolves, Bison and Beer: What to Watch for in the 2013 Montana Legislature
By Brent Zundel
For the MSU Exponent
January 24, 2013
Beneath the specter of a sluggish economy, the Republican-controlled 63rd Montana Legislature convened Monday, Jan. 7, under the watchful eye of newly elected Democratic Gov. Steve Bullock.
The Exponent is covering many important issues in this week’s edition, but I’d like to highlight some issues that, though they may fly under the radar of the university’s steady “fund us!” drumbeat, will also impact students.
Public lands and wildlife policy
The 2011 session considered a record 110 bills related to fish, wildlife and land issues. At best, most of these were simply misguided, but some would have devastated central aspects of what it means to be a Montanan. Read More…
Montana Rep. Denny Rehberg to Students: ‘I’m Just Like You’
By Brent Zundel
For the MSU Exponent
October 4, 2012
Note: This column originally appeared as part of the Exponent’s Sugarbeet page, a satirical biweekly feature that attempts to stimulate discussion of critical community issues.
Last Friday, Sept. 28, Montana Rep. Dennis Rehberg — or “Denny,” as he is reportedly known while relaxing among lobbyists — visited the Montana State University campus on an impromptu campaign stop. After unsuccessfully attempting to pal around on the Mall with college students who desperately avoided eye contact, Rehberg spoke to a small crowd of supporters in the Student Union Building.
His speech’s overarching message was tailored to the occasion. Rehberg emphasized his concern for students, repeatedly saying, “I’m just like you!” before telling stories about his “wild nights” in an attempt to connect with members of the younger generation.
“Just like any college student, I have a solid record of making questionable life decisions involving alcohol,” Rehberg claimed. “Why, when I was in Kazakhstan with [former] Sen. Burns, I once got drunk, fell off a horse, and proceeded to call my local hosts ‘cone heads’ while making alien noises!” Read More…
Montana Challenges Citizens United
By Brent Zundel
For the MSU Exponent
June 8, 2012
It’s an exciting time to be a Montanan. Across the country, experts and average citizens alike claim that Montana poses the biggest challenge to the controversial Citizens United Supreme Court decision, a 2010 case widely credited with redefining the conception of corporate personhood and equating money with speech.
In 2011, the Montana Supreme Court heard Western Tradition Partnership, Inc. v. Attorney General of Montana. Western Tradition Partnership, now known as American Tradition Partnership (ATP), is a rabidly anti-environmental conservative think tank based in Washington, D.C.
The group, which has broken numerous state campaign finance laws, challenged Montana’s 1912 Corrupt Practices Act, a law enacted by popular vote that prohibits corporations from making direct contributions to political campaigns.
“The greatest living issue that confronts us today is whether the corporations shall control the people, or the people shall control the corporations.” —1906 Montana newspaper
The Montana Supreme Court ruled 5 – 2 against ATP, upholding a century of reasonable restrictions that ensure the integrity of our state’s elections. Read More…
Montana Supreme Court Rebukes Corruption Under the Big Sky
By Brent Zundel
For the MSU Exponent
January 19, 2012
On Friday, Dec. 30, 2011, the Montana Supreme Court issued a ruling upholding the state’s ability to regulate how corporations can raise money and preventing them from directly spending it to influence elections. The opinion also contained stunning rebukes of the U.S. Supreme Court’s infamous 2010 Citizens United decision.
The Citizens case overthrew a century of precedent by justifying corporate personhood and unlimited corporate spending as “speech.”
The conservative, radically anti-environmental political group Western Tradition Partnership, which has since changed its name to American Tradition Partnership, sued the State of Montana, relying on the Citizens ruling.
A Helena district judge ruled Montana’s ban unconstitutional, but the Montana Supreme Court overturned that decision, reinstating the century-old Corrupt Practices Act. This 1912 law prevents corporations from directly spending money to influence state elections and also sets aggressive disclosure requirements. Read More…
Public access under fire from Montana GOP

Public lands in the National Forest along the upper reaches of Lower Deer Creek, Montana. Photo by Brent Zundel
By Brent Zundel
For the MSU Exponent
March 3, 2011
Montana Fish, Wildlife and Parks employees might not be digging trenches in front of their offices around the state, but the agency is under fire from the Montana Legislature. Legislators are also attacking public access with over 150 bills that specifically target wildlife and public lands issues.
Some of the most ludicrous bills have been killed, but one of the most contentious still threatens Montanans. House Bill 309, sponsored by Rep. Jeff Welborn, R-Dillon, would gut the landmark 1985 Stream Access Law.
The result of conversations between landowners and recreationalists, the 1985 law allows public access in all rivers up to the high water mark, without regard to ownership of land below the river. In essence, it ensures that private citizens cannot own the rivers.
HB309 does not add any additional protection to private ditches – which are already protected under the old law. Instead, it would reclassify hundreds of miles of stream and river channels as irrigation ditches, thus inhibiting public access. Read More…

