New York officials are asking the U.S. Supreme Court to throw out a challenge from Missouri regarding former President Donald Trump’s criminal conviction and sentencing.
Earlier this month, Missouri Attorney General Andrew Bailey, a Republican, sued New York to block Trump’s criminal sentence and lift his gag order, claiming it infringed upon the constitutional rights of Missouri voters and electors. In the lawsuit, Bailey was attempting to invoke the Supreme Court’s precedent to hear legal disputes between two states.
“Missouri’s suit is based entirely on an ongoing criminal case between the Manhattan DA and former President Trump and does not present an actual controversy between sovereign States,” New York Attorney General Letitia James’s office wrote in a 48-page response to the lawsuit.
“Moreover, former President Trump has already raised, and the New York state courts are already adjudicating, the same issues Missouri seeks to raise,” the response continued. “And Missouri’s claims are patently meritless.”
James argued that Missouri’s filing had no legal basis and “seriously undermines the integrity of the courts and risks setting a dangerous precedent that encourages a flood of similar, unmeritorious litigation.”
Bailey’s lawsuit accuses New York of violating the First Amendment rights of Missouri residents. James argued that the matter could be solved in New York courts, not the Supreme Court.
“Allowing Missouri to file this suit for such relief against New York would permit an extraordinary and dangerous end-run around former President Trump’s ongoing state court proceedings and the statutory limitations on this Court’s jurisdiction to review state court decisions,” the response reads.
James argued that Missouri lacked “standing,” which is needed to bring its complaint against New York state because Bailey’s claims that the conviction infringes on Missouri’s rights are “speculative.”
James also argued that because Trump is challenging his conviction, and will likely challenge his sentence, the lawsuit should be tossed.
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“Former President Trump has already filed a motion to vacate the jury verdict, which, if he succeeds, would obviate his sentencing,” James’s response reads. “Even if the motion is denied, he can appeal his conviction, and his sentence may well be stayed pending appeal.”
In May, Trump was found guilty on 34 felony counts of falsifying business records tied to hush money payments to porn star Stormy Daniels with the intent to influence the 2016 presidential election. Trump denied the affair with Daniels and has pledged to appeal the conviction.