Missouri Attorney General Andrew Bailey has filed a lawsuit against the State of New York, alleging that New York’s prosecution, gag order, and sentencing of President Trump violates Missourians’ First Amendment right to hear from a presidential candidate. Bailey asserts that these actions undermine Trump’s ability to campaign for the 2024 presidential election, thereby impacting Missouri voters’ ability to make an informed choice.
Attorney General Bailey is urging the United States Supreme Court to use its original jurisdiction under Article III, Section II of the Constitution to resolve this conflict between the two states. The lawsuit seeks to declare New York’s restrictions on President Trump’s campaign activities as unlawful, remove any gag orders, and delay sentencing until after the election.
Bailey emphasized the urgency of this issue, stating, “Missouri has a huge problem with New York. Instead of allowing presidential candidates to campaign on their own merits, radical progressives in New York are attempting to rig the 2024 election by directly attacking our democratic process. I am filing this suit to ensure that every Missourian can exercise their right to hear from and vote for their preferred presidential candidate.”
The lawsuit, filed one month after President Trump’s conviction in New York, outlines three main counts:
- Interference with the Presidential Election in Other States
- Violation of Purcell (a federal case prohibiting courts from causing voter confusion or changing election rules close to an election)
- Violation of the First Amendment Rights of Voters in Other States
Bailey’s lawsuit details how Manhattan District Attorney Alvin Bragg charged President Trump to bolster Joe Biden’s campaign and prevent Trump from returning to the White House. Bragg, who previously engaged in civil litigation against Trump while working for the New York Attorney General’s Office, campaigned for his current role by promising to prosecute Trump. He also hired Matthew Colangelo from Biden’s Department of Justice to lead the prosecution against Trump.
The lawsuit further alleges that Judge Merchan, who presided over Trump’s case, violated state judicial ethics by donating to Biden’s campaign and not recusing himself despite having a potential conflict of interest. Judge Merchan imposed a gag order on Trump when he highlighted these issues publicly.
Bailey argues, “Trump’s conviction is very likely to be overturned on appeal. However, by then, the constraints New York has imposed on Trump’s ability to campaign will have already had their full effect. Missouri has a strong, judicially enforceable interest in its citizens and electors being able to hear Trump’s campaigning free from any gag order or other interference from New York.”
Attorney General Bailey has filed a motion for a preliminary injunction, requesting the Supreme Court to halt any further actions in New York’s case until after the election.
The lawsuit and motion for preliminary injunction can be read here.
