The lawsuit contends that the sentencing of former President Donald Trump hampers his ability to campaign for the 2024 presidential election, thereby obstructing Missourians' right to make an informed decision when voting for a presidential candidate.
According to a press release, Bailey is urging the Supreme Court to exercise its original jurisdiction as outlined in Article III, Section II of the Constitution, to resolve this interstate legal dispute. He expressed his determination to the Daily Caller News Foundation, stating, "We're going to continue to fight against lawfare in all its forms... fighting censorship and the silencing of not only President Trump's voice but of listeners in Missouri."
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The former president was found guilty on 34 counts of falsifying business records, a case arising from a nondisclosure agreement with adult film actress Stormy Daniels. A Manhattan jury, composed of seven men and five women, indicted Trump after nearly 12 hours of deliberation.
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Bailey further explained to the DCNF, "The indictment itself has tethered President Trump to a courtroom in New York for weeks during the campaign and has the potential to send him to prison at worst and honor his terms of probation at best. That again, denies Missourians access to the president, but additionally, the gag order that was requested by the prosecutor and approved by the judge violates Missourians' First Amendment rights to hear from a presidential candidate."
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On June 20, Bailey hinted at his intention to sue New York State for what he perceives as an assault on the democratic process through unconstitutional lawfare against Trump. He believes that "Trump's conviction is very likely to be overturned on appeal. But by then, the constraints New York has sought to impose on Trump to limit his ability to campaign will already have had their full effect."
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In the lawsuit, Bailey argued that Missouri has a "strong, judicially enforceable interest in its citizens and electors being able to hear Trump's campaigning free from any gag order or other interference imposed by the State of New York." He has filed a motion for a preliminary injunction, requesting the court to halt any further action in the New York case until after the American people have cast their votes.
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Bailey expressed the concerns of Missourians to the DCNF, stating, "Missourians are deeply concerned about the direction of this nation. In Missouri, we love freedom and we love the rights that are given to God and protected by the United States Constitution. We believe that the government exists to protect our rights, and so when we see the government weaponized against an individual to take those rights away, it is an affront to who we are as a people."
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This lawsuit underscores the ongoing tension between conservative states and liberal jurisdictions, with the former often accusing the latter of overreach and violation of constitutional rights. The outcome of this legal battle could have significant implications for the 2024 presidential election and the broader discourse on freedom of speech and political campaigning in the United States.
