07/08/2024 / By Belle Carter
Missouri Attorney General Andrew Bailey has filed a lawsuit against the State of New York, alleging that its handling of former President Donald Trump’s so-called hush money trial sabotages a fully informed vote for a presidential candidate mere months before the election.
The lawsuit petitions the Supreme Court and requests a declaration that New York unlawfully interfered with the presidential election process. Additionally, it seeks to postpone Trump’s upcoming sentencing until after the conclusion of the November election. Finally, it demands the removal of any gag orders against Trump as the Manhattan Court verdict violated Missourians’ First Amendment right to hear from Trump as he campaigned for reelection.
“Right now, Missouri has a huge problem with New York. Instead of letting presidential candidates campaign on their own merit, radical progressives in New York are trying to rig the 2024 election by waging a direct attack on our democratic process,” said Bailey. “I will not sit idly by while Soros-backed prosecutors hold Missouri voters hostage in this presidential election. I am filing suit to ensure every Missourian can exercise their right to hear from and vote for their preferred presidential candidate.”
Bailey also argued that the requested measures are critical to ensuring that Missourians have unimpeded access to Trump’s viewpoints before casting their votes in November. According to the lawsuit, the restrictions on Trump’s speech represent a significant overreach and censorship that deprives the public of critical information.
Trump was found guilty of 34 counts of falsifying business records in the first degree. Trump pleaded not guilty to all counts. As each count carries a maximum prison sentence of four years, Trump faces a maximum sentence of 136 years.
“This lawfare is poisonous to American democracy. 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,” Bailey further argued.
New York’s response to the lawsuit has not yet been publicly disclosed. Meanwhile, the public awaits the Supreme Court’s reply for its implications on future interactions between state law enforcement actions and federal electoral processes. (Related: Trump supporters celebrate Supreme Court ruling on qualified presidential immunity.)
Trump’s sentencing was already delayed until Sept. 18, “if such is still necessary,” following a motion by Trump’s attorneys that was not opposed by Manhattan District Attorney Alvin Bragg earlier this week. The motion argues the recent Supreme Court ruling on presidential immunity from prosecution for core official acts invalidates the New York conviction.
The sentencing, if it even happens, is set after the Republican National Convention from July 15 to 18 in Milwaukee, where Trump will formally accept the party’s nomination for president. The announcement of Trump’s sentence, which is closer to the actual Election Day on Nov. 5, is expected to impact the way voters will cast their ballot, especially if Trump is granted immunity.
In a letter to prosecutors and Trump’s lawyers, New York Supreme Court Justice Juan Merchan did not elaborate on the sentencing delay but he set a schedule for both parties to submit a briefing on the immunity argument. It came shortly after prosecutors said they consented to the delay, even as they wrote that the argument was “without merit.”
News agency Politico reported that the delay is the first practical fallout from the Supreme Court’s ruling declaring that former presidents have “absolute” immunity from criminal prosecution over actions that fall within their “core constitutional powers” and that they are also entitled to immunity for many other “official” acts.
“It’s far from clear that Trump can convince Merchan that the immunity ruling should have any effect on the Manhattan verdict, which found Trump guilty of falsifying business records to cover up a hush money payment to a porn star,” the news outlet wrote. “But the delay itself is something of a victory for Trump. It postpones the sentencing, which had been set to take place days before the Republican National Convention, to the final stretch of the general election.”
Meanwhile, the second presidential debate is scheduled for Sept. 10, just over a week before Trump’s new sentencing date.
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