Officials in New York are requesting the Supreme Court dismiss a challenge from Missouri concerning the criminal conviction and upcoming sentencing of former President Donald Trump.
Claiming that the constitutional rights of Missourians are being infringed upon, Missouri Attorney General Andrew Bailey, a Republican, filed a lawsuit against New York earlier this month to lift the gag order imposed on Trump and block his sentencing, which is scheduled for Sept. 18.
Earlier this month, Bailey told Newsmax that "Missourians' rights" to hear from the 2024 GOP presidential candidate "are being violated by a rogue prosecutor and collusive judiciary in New York" and said the lawsuit is "the tool I have at my disposal to fight back."
In a 48-page response to the suit, New York Attorney General Letitia James' office wrote that "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."
"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."
Missouri's filing has no legal basis, James contended, and "seriously undermines the integrity of the courts." It also "risks setting a dangerous precedent that encourages a flood of similar, unmeritorious litigation."
Bailey's claim that New York has violated the First Amendment rights of Missouri residents could be settled in Empire State courts, James said — 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 also claims that Missouri lacks "standing" to bring a complaint against New York State because Bailey's argument that Trump's conviction infringes on the rights of Missouri citizens is "speculative."
Additionally, the New York attorney general's office said Missouri's lawsuit should be tossed because Trump has appealed the conviction and will likely appeal whatever sentence is handed down.
"Former President Trump has already filed a motion to vacate the jury verdict, which, if he succeeds, would obviate his sentencing," the response from James' office reads. "Even if the motion is denied, he can appeal his conviction, and his sentence may well be stayed pending appeal."
In late May, Trump was convicted on 34 felony counts of falsifying business records to conceal payments made to adult film star Stormy Daniels in the run-up to the 2016 election. Daniels claimed she and the former president had a sexual encounter, which he has consistently denied. Trump has vowed to appeal the verdict and denied any wrongdoing.