Rep. Greg Gianforte, R-Mont., has been ordered to have his fingerprints and mugshot taken as a part of his misdemeanor assault conviction.
A county judge ruled Thursday that Gianforte must report to the Gallatin County Montana Detention Center to provide booking information. That information includes a photograph and fingerprints, which must be taken no later than Sept. 15.
The Republican congressman pled guilty to misdemeanor assault after “body-slamming” a Guardian reporter the night before he won Montana’s special election.
A judge ordered, Gianforte, 56, to complete 40 hours of community service, undergo 20 hours of anger management and pay $385 in fines and fees.
Lawyers for Giangorte have objected to calls for him to undergo the booking process, arguing Montana state law does not permit Justice Court judges to have discretion in ordering fingerprints or photographs of defendants.
“Mr. Gianforte’s prosecution does not fall within the narrow group of prosecutions for which courts have the authority to order fingerprinting and photographing,” the motion from the defense read.
A Gallatin County Attorney objected to Gianforte’s motion, arguing that his attorneys have misinterpreted Montana law.
“Defendant pled guilty to assault. In imposing conditions of [Gianforte’s] deferred term, this Court apparently found that fingerprinting and photographing [Gianforte]was a reasonable condition needed for rehabilitation or for the protection of the victim or society,” Gallatin County Attorney Marty Lambert wrote.
The county judge sided prosecutors, ruling that the court does indeed have authority to order Gianforte to provide fingerprints and photographs.
Should Gianforte not comply, he would be found in contempt of court and a warrant would be issued for his arrest, according to the judge’s ruling.
