Daniel Schowengerdt saw history being made Monday.
He almost became part of another historic footnote — a potentially violent one — that afternoon.
The Iola attorney was in Washington, D.C., to assist with and watch his older brother, Dale, argue a case in front of the U.S. Supreme Court.
Dale Schowengerdt is Montana’s solicitor general — the top appellate attorney in the state — who recently became involved in a landmark case involving whether a convicted criminal deserves speedy trial rights while awaiting sentencing.
Because of his younger brother’s familiarity with criminal law — Daniel has been an attorney for seven years, the past five with Johnson Law Office in Iola — Dale asked for some help.
Daniel read through hundreds of pages of case briefs, and drew up roughly 40 questions he thought the Supreme Court justices might ask.
“That’s the big deal in front of the U.S. Supreme Court,” Daniel explained. “It appears you’re being quick on your feet, but really you’ve just anticipated the questions they were going to ask.”
THAT DALE argued in front of the eight justices — one seat remains vacant because of the recent death of Antonin Scalia — resolved a small bet the brothers made while both were in law school.
“We were in Washington, and walking up the steps to the Supreme Court building, and I told him ‘I bet I get to argue in here before you do,’” Daniel recalled with a laugh.
He almost did, too.
While in law school, Daniel wrote a major portion of a brief that was to be submitted to the court in a separate case by Jay Sekulow, a former advisor to President George W. Bush and a law analyst for Fox News.
“However, this is quite different from actually arguing a case,” he admitted. “It’s safe to say my brother won the bet.”
DANIEL arrived in Washington on Easter Sunday, where he joined his brother and other family members at a nearby hotel.
The night before his brother was to argue was eerily calm, Daniel noted.
