U.S. Sens. J.D. Vance, R-Ohio, and Tommy Tuberville, R-Ala., along with Iowa Attorney General Brenna Bird, listen as former U.S. President Donald Trump speaks to the media outside Manhattan Criminal Court on May 13, 2024, during his trial for allegedly covering up hush money payments. (Photo by Spencer Platt/Getty Images)
Iowa Attorney General Brenna Bird filed an amicus brief Wednesday calling for the U.S. Supreme Court to take up Missouri Attorney General Andrew Bailey’s challenge of former President Donald Trump’s prosecution in the New York hush-money trial.
Bailey, a Missouri Republican, filed a lawsuit earlier in July against the state of New York, seeking to lift the gag order imposed on Trump during the trial where he was found guilty on 34 felony counts of falsifying business records to cover up hush-money payments during the 2016 presidential campaign season.
The lawsuit seeks to delay sentencing for Trump’s conviction in the case until after the November election, where the former president faces a rematch with President Joe Biden.
While Trump was found guilty in the New York criminal trial, the Supreme Court ruled in July that U.S. presidents have full immunity from criminal charges for official “core constitutional” acts while in office, but not for unofficial acts. The decision sent Trump’s election interference case, where he stands accused of scheming to overturn the 2020 presidential results, back to the lower courts.
The Missouri lawsuit, filed one day after the ruling on presidential immunity, claims the state of New York violated Missourians’ First Amendment rights by issuing a gag order in Trump’s criminal case and preventing voters from hearing the views of a presidential candidate in the 2024 election.
“This lawfare is poisonous to American democracy,” Bailey wrote in the lawsuit. “The American people ought to be able to participate in a presidential election free from New York’s interference. Any gag order and sentence should be stayed until after the election.”
Bird and Florida Attorney General Ashley Moody filed a brief supporting the Missouri lawsuit on Wednesday. Joined by Alaska and Montana, the state attorneys general argued that Trump is the “target of a prosecution by a New York County district attorney” in the hush-money case.
In a news release, Bird claimed New York District Attorney Alvin Bragg, a Democrat, has used the trial for political gain, citing a New York Times article on his statements about Trump.
“As a prosecutor, I know that politics has no place in criminal prosecutions,” Bird said. “I am calling on the U.S. Supreme Court to hear the case against New York’s political prosecution, gag order, and sentencing of President Trump that interfere with the presidential election. We must protect free and fair elections and the rule of law.”
The sentencing in the New York case has been delayed until Sept. 18 by New York Justice Juan Merchan, who oversaw the case, so the court has time to hear arguments about how the U.S. Supreme Court’s decision impacts state-level convictions.
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