Missouri Office of Attorney General

07/16/2024 | Press release | Distributed by Public on 07/16/2024 15:21

Attorney General Bailey Files Brief Demanding New York Overturn Illicit Prosecution After Trump Assassination Attempt

Attorney General Bailey Files Brief Demanding New York Overturn Illicit Prosecution After Trump Assassination Attempt

Home9Press Release9Attorney General Bailey Files Brief Demanding New York Overturn Illicit Prosecution After Trump Assassination Attempt

JEFFERSON CITY, Mo. - In an effort to ensure a free and fair presidential election, Missouri Attorney General Andrew Bailey filed a brief moving for New York to vacate Manhattan District Attorney Alvin Bragg's illicit prosecution against President Trump. Bailey's brief comes mere days after President Trump was shot at a campaign rally in Pennsylvania.

"Three days ago, Americans watched in horror as President Trump was shot in the head and nearly killed at a campaign rally. This attack came in the days after New York tethered him to a courtroom, so they could launch a politically motivated, legally specious, and corrupt prosecution against him," said Attorney General Bailey. "And still, he is gagged and unable to speak freely as he campaigns. The political witch hunt has been replete with legal error from the beginning, tarnishing the ability of Missouri voters to hear from a presidential candidate. Missouri will not sit idly by while New York destroys the rule of law. I am asking the Court to vacate his errant conviction in order to ensure a fair presidential election."

In the brief, Attorney General Bailey asserts Missourians have a significant interest in the indictment's dismissal because:

I. The continued prosecution imposes a harm on Missouri by depriving millions of Missourians of the information needed to vote.

II. The continued prosecution imposes a harm to the ability of Missouri's 10 electors to exercise their federal authority.

III. The continued prosecution interferes with the associational rights of Missouri electors and citizens.

New York's restrictions on President Trump hamper Missouri voters' ability to obtain information necessary to make an informed voting decision. Right now, the Trump campaign is planning to hold events in Missouri but is finding it difficult to finalize arrangements due to potential restrictions on President Trump's travel. Additionally, the gag order still in place against the Republican Presidential Nominee limits what he can say to Missouri voters - and all Americans.

"The prosecution of Trump has infringed and will continue to infringe the First Amendment rights of millions of Missourians to "receive information and ideas" regarding one of the most important public questions-whom to elect as president. The prosecution has already done so by keeping Trump in the courtroom during trial and by obtaining a gag order. Further interference with the ability of Americans to hear campaign speech threatened by the prospect of an upcoming criminal sentence just months before the national election. These actions-both individually and collectively-significantly infringe the rights of Missourians to receive information on one of the most important questions of our time," wrote General Bailey.

Noting the horrific events from the Trump rally on July 13, Attorney General Bailey points out in the brief that, "Trump's ability to travel and speak freely and fully during his campaign is more important now than ever. Just this weekend, at a political rally, a sniper attempted to assassinate President Trump while he was delivering remarks. Fortunately the sniper failed, though tragically at least one member of the crowd was shot and killed, and several others were injured. This episode speaks volumes about the tenor of political discourse in America that desperately needs to change. This court is uniquely positioned to do just that. The weaponization of our legal system is anathema to our political process. And as we have seen, bombastic rhetoric and rapidly escalating lawfare can have dire real world consequences. It is time for reasonable people from all walks of life to pause and reflect. The law is a shield against anarchy, not a political weapon. There is no doubt that DA Bragg's prosecution of Trump is, at best, the constitutionally dubious overreach of an overzealous prosecutor. At worst, it is a political hit job. As either, it cannot be allowed to stand. This court is in a position to stop this type of politically-motivated prosecution and restore the people's confidence in the system. It should take it."

Missouri is asking the court to immediately vacate the jury's verdicts and dismiss the indictment against President Trump to protect Missourians' right to a free and fair presidential election.

This brief is the latest in a series of actions Attorney General Bailey has taken to combat the illicit lawfare levelled against President Trump:

  • He filed a lawsuit against New York at the United States Supreme Court to halt New York's hijacking of the presidential election in their attempt to jail President Trump.
  • He launched an investigation into Biden's Department of Justice to uncover coordination of the prosecutions against President Trump.
  • He testified before Congress to highlight the illicit prosecution by Manhattan District Attorney Alvin Bragg in New York.
  • He called on Congress to defund the Vera Institute, a radical progressive group funded by George Soros that trains local prosecutors to dismantle the criminal justice system.
  • He filed briefs in the Trump v. United States presidential immunity case recently decided in Trump's favor by the United States Supreme Court.
  • He filed briefs to keep President Trump on the ballot in both Colorado and Michigan.
  • He filed briefs to combat other unconstitutional gag orders.

The amicus brief can be read here.