Audit Clears Regier, Refuting Montana Free Press Report; Republicans Call for Retraction

Republicans seek retraction after audit clears Regier and disputes Montana Free Press narrative.

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Montana Senate President Matt Regier speaks during press conference at the Capitol addressing Legislative Auditor clearing Regier of wrongdoing. March 26, 2025.

By Roy McKenzie
Mar 26, 2025

HELENA — The Montana Republican Party is calling on the NGO-funded news outlet Montana Free Press to retract claims made in a March 5 report regarding legal expenses connected to Senate President Matt Regier. The party says the article mischaracterized the facts and contributed to a formal referral to the Legislative Audit Division—which ultimately found no evidence of fraud, waste, or abuse.

In a press release Tuesday, the MTGOP said the Montana Free Press falsely implied that taxpayer funds were used to pay attorney Abby Moscatel in a private lawsuit involving Constitutional Initiatives CI-126 and CI-127. The audit confirmed that no state funds were used in the lawsuit, and that all payments to Moscatel were made either by the Montana Republican Party or under contracts approved through appropriate legislative procedures.

“The Montana Free Press’s baseless and slanderous accusations against a conservative attorney and private Montana citizen are severe violations of journalistic ethics,” said Montana Republican Party Chairman Don “K” Kaltschmidt.

Speaking at a press conference at the Capitol, Senate President Matt Regier said the damage caused by the article extended beyond himself. He called on the Montana Free Press and Senator Shelley Vance to apologize to the parties affected.

“I don’t expect an apology to me, and I won’t hold my breath for one from Senator Vance either,” Regier said. “But the Montana Free Press and Senator Vance owe apologies to the real victims of this—our dedicated nonpartisan staff, who were dragged through this without cause, and to Abby Moscatel, a private citizen of the highest ethical character, who has been baselessly defamed and continues to suffer reputational harm.”

“I’m calling on the Montana Free Press to immediately and publicly retract the false information and baseless innuendo they published, and to apologize to those harmed by their actions,” Regier said.

Senate President Matt Regier addresses the Legislative Audit report results. March 26, 2025.

In response, the Montana Free Press published a follow-up article stating, “The legislative audit did not examine MTFP’s report, but focused solely on whether Regier’s actions violated state law or policy.”

However, the audit memo directly contradicts that claim. On page one, the Legislative Audit Division states:

“To place the complaint in context, we examined the Montana Free Press article… dated March 5, 2025.”

While the audit did not evaluate the article’s journalistic accuracy or intent—a matter clearly outside the Legislative Auditor’s statutory role—it did review the article itself to understand the context of the allegations, directly contradicting the Montana Free Press’s claim that their reporting was not examined.

Both the original March 5 article (“Regier’s counsel conundrum”) and the March 26 follow-up responding to the audit were authored by the same reporter, Tom Lutey. The latter piece’s assertion that the audit did not examine the article stands in direct conflict with the audit’s documented methodology.

The audit investigated six allegations referred by the Senate in connection with Regier’s engagement of Moscatel, including whether any state resources were improperly used. In each case, the audit concluded that existing law permitted the contracts and that Legislative Services staff were consulted and involved throughout the process. No evidence of fraud, waste, abuse, or conflict of interest was found.

The audit also confirmed that the private lawsuit referenced in the original article was not funded with state dollars:

“Our investigation did not detect any use of state funds to fund this lawsuit… We find the allegations… to be not substantiated.”

Montana Free Press Editor-in-Chief John Adams defended the outlet’s original report, stating that it “raised timely and legitimate questions” and reflected ongoing public and legislative scrutiny. He added that the article “did not allege misconduct by any individual.”

Audit Findings vs. Montana Free Press Reporting

A comparison of key claims from the March 5 Montana Free Press article and the official findings of the Legislative Audit Division.

Montana Free Press Claim or ImplicationLegislative Audit Finding
Taxpayer funds may have been used in a private lawsuit involving CI-126 and CI-127.No state funds were used. All payments were made by the Montana Republican Party.
Hiring of outside counsel lacked legal authority after HB 260 failed.Legal authority existed via MCA §5-5-110 and other legislative appropriations.
Contracts with Moscatel may have been split to avoid procurement rules.Contracts were separately scoped, lawfully approved, and did not constitute improper splitting.
Outside counsel may have performed work duplicative of legislative staff duties.Legislative leadership is permitted to seek outside counsel; staff followed correct procedures.
The audit “did not examine MTFP’s reporting.”Audit memo: “We examined the Montana Free Press article… dated March 5, 2025.

While the underlying policy issues remain politically contested, the audit left no ambiguity regarding the conduct of Senate President Regier and legislative leadership: all actions were found to be lawful, properly authorized, and free of fraud, waste, or abuse. The investigation stemmed directly from Montana Free Press’s reporting—which the auditors reviewed as part of their inquiry. Despite this, the publication inaccurately claimed its reporting was not examined, distancing itself from the formal referral it helped initiate. The audit’s findings contradict both the substance and the framing of MTFP’s coverage.

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