The states of Missouri and New York are battling at the Supreme Court ahead of former President Donald Trump’s sentencing for his business-record conviction.
Missouri’s Attorney General Andrew Bailey asked the justices this month to halt the gag order imposed on Mr. Trump and to stay any pending sentence against him ahead of the 2024 election “so Missourians can participate in the election free from New York’s exercise of coercive power limiting the ability of Trump to campaign.”
Missouri told the justices that New York state has threatened to infringe on the constitutional rights of Show Me State voters.
“This case arises out of New York’s actions to impede the ability of presidential electors and everyday citizens to fully engage in one of the most important national questions — who should be elected president. By interfering just months before the election, New York is attempting to set a dangerous new precedent that will encourage prosecutors of all political stripes in the future to harass political candidates they disfavor,” Missouri’s filing read.
The dispute is Missouri v. New York.
New York’s Attorney General Letitia James told the justices this week to reject Missouri’s request.
In her filing Wednesday, she noted the criminal sentencing has already been delayed until September and said Missouri’s alleged harms are “generalized and speculative grievances.”
“He already can speak about all of the topics that Missouri’s declarants have attested they want to hear — including his views on the Manhattan DA, witnesses, jurors and the trial court judge. Missouri’s purported injury is also generalized, rather than concrete, because it is an interest that could be asserted by anyone,” Ms. James said.
In May, after a six-week trial, a New York jury found Mr. Trump guilty of 34 counts of falsifying business records in an attempt to cover up another crime, which elevated the charges to felonies.
The prosecutors alleged Mr. Trump used money to quiet porn actress Stormy Daniels, who claimed to have an affair with him, ahead of the 2016 election. It was suggested the payment amounted to a campaign finance violation.
Mr. Trump reimbursed his former lawyer Michael Cohen for the $130,000 payment to Ms. Daniels and labeled it as a legal fee.
Mr. Trump’s gag order was narrowed in June to prohibit him from commenting about the court or the Manhattan district attorney’s family. Prior to that, the former president couldn’t comment on witnesses during much of the proceedings.
He has denied any affair and is appealing his conviction.
Florida, Iowa, Alaska and Montana filed a brief also with the Supreme Court in support of Missouri’s request.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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