New York urged the Supreme Court on Wednesday to toss Missouri’s long-shot lawsuit that seeks to block former President Trump’s forthcoming criminal sentence, telling the justices they have no jurisdiction.
After Trump was convicted in Manhattan on 34 counts of falsifying business records, Missouri Attorney General Andrew Bailey (R) went straight to the nation’s highest court, saying the prosecution infringed upon the constitutional rights of Missouri voters and electors.
By suing New York directly, Bailey is attempting to invoke the Supreme Court’s exclusive and original jurisdiction to hear disputes between two states.
But in a 48-page response filed by New York Attorney General Letitia James’s (D) office on Wednesday, the state told the Supreme Court to reject the effort on multiple grounds, saying it was based on “bare assertions of bad faith.”
“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,” James’s office wrote.
“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.”
A New York jury convicted Trump in May of falsifying business records with an intent to unlawfully influence the 2016 presidential election by disguising reimbursements to his then-fixer, Michael Cohen, as a legal retainer. The payments came after Cohen sent porn star Stormy Daniels $130,000 to stay quiet about an alleged affair with Trump in the lead-up to his election.
Trump denies any affair and has vowed to appeal his criminal conviction, the first ever for a former U.S. president. His sentencing is set for Sept. 18.
Missouri’s lawsuit seeks to block the sentence and Trump’s gag order until after November’s election, when he is hoping to earn a second White House term.
The suit accuses New York of violating Missourians’ First Amendment rights and interfering with the presidential election in the state.
It forced James to defend the historic criminal prosecution of Trump by Manhattan District Attorney Alvin Bragg (D). James separately brought a sprawling civil fraud case against the former president that led to a nine-figure judgment earlier this year.
“Missouri’s requested relief also seriously undermines the integrity of the courts and risks setting a dangerous precedent that encourages a flood of similar, unmeritorious litigation,” James’s office wrote in their response.
Updated 8:57 p.m.