—that we live in a state that is so safe, so protective of its citizens and their rights, so free from any legal issues linked to our laws, or any uncertainty about people we have put into public office whose behavior is not above the law—
—that we can have a fearless Attorney General who is so bored with the lack of action in his own jurisdiction that he can courageously tell other states what their responsibilities are.
What gives him the authority to stick his nose into other states’ businesses, you might ask? We checked the Missouri Constitution, chapter 27. He is, upon order of the governor, to help local prosecutors with cases, usually those of very serious and complicated natures that are beyond the capability of local prosecutors and their smaller staffs to handle. Local judges also can direct the Attorney General to sign indictments.
He is a legal advisor to the General Assembly who issues advisory opinions on issues before or possibly to be before the legislature. He also is a legal adviser on behalf of the state to Executive Branch officials, elected and appointed “upon any question of law relative to their respective offices or the discharge of their duties.”
The Attorney General defends the state in any appeals to the Missouri Supreme Court or the the State Courts of Appeals.
It is in Section 27.060 we find the words that let our Attorney General meddle in other states’ affairs:
27.060. To represent state in other cases. — The attorney general shall institute, in the name and on the behalf of the state, all civil suits and other proceedings at law or in equity requisite or necessary to protect the rights and interests of the state, and enforce any and all rights, interests or claims against any and all persons, firms or corporations in whatever court or jurisdiction such action may be necessary; and he may also appear and interplead, answer or defend, in any proceeding or tribunal in which the state’s interests are involved.
And that is why, Andrew Bailey—wanting to burnish his credentials as a loyal MAGA-ite—has a way to sue the State of New York, claiming that a jury of Donald Trump’s peers that convicted him of 34 criminal charges a few weeks ago was involved in “unconstitutional lawfare” that is a “direct attack on our democratic process.”
(“Lawfare” is a newly-created phrase designed to manipulate your gut instincts and to malign the honor of those who respect and have built, the American system of justice that has and will protect all of us.)
“It’s time to restore the rule of law,” he righteously proclaims, while using that phrase that is intended to undermine it.
It would be nice if people such as Bailey justified their Trumpist credentials with some original words instead of parroting, more or less, the bloated Trump rhetoric that his trial was “rigged and disgraceful.”
Bailey claims Trump is a victim of a “rogue prosecutor who is trying to take a presidential candidate off the campaign trail” in a way that “sabotages Missourians’ right to a free and fair election.”
One can hope that whatever document he files in this case focuses on the law and spares the judicial system another dose of MAGA hot air.
But if hot air is all he has to offer—-as we have seen in too many filings on behalf of the now-convicted felon—perhaps Missouri voters should consider whether he deserves four years as the state’s lawyer.
We have to recognize what is going on here. What he is part of is a widespread, calculated, grinding attack designed to nationally undermine the legal system he has sworn to uphold, a legal system he might in his younger and more idealistic (and realistic) days have seen as an honorable field of service in a free country.
Does he ever wonder where that younger self has gone? Would any of us ever have thought that our state’s top legal officer now seeks favor from followers of one man whose insatiable hunger for power has proclaimed that he has been egregiously abused because his dreams of dominance and his tactics of intimidation could not sway a mere dozen citizens—people no different from you and me—from meeting their obligations under a two century-old world-respected system of verdicts delivered by the people, of the people, and for the people.
He chooses to hitch his wagon to someone who has no use for such a system unless he can manipulate it to serve himself. The rationalization that is it is being done to preserve a “free and fair election” is a fiction, particularly for the state that has him as its highest legal officer.
To be fair, Bailey’s opponent in next weeks’ primary, Will Scharf, calls himself “Trump’s Attorney,” and has the distinction of having been policy director for the recent lamentable Governor Eric Greitens. He says it’s time for an outsider to be Missouri’s AG. That’s the same thing Greitens proclaimed when he ran for and won the governorship and we remember how well that outsider’s policies went over.
Donald Trump carried Missouri in each of the last two elections and likely will carrying it again this year, despite what a jury in New York has said and despite what state and federal prosecutors accuse him of doing in other places. Nobody has shown that Republicans cannot place Trump’s name on the Missouri ballot in November, so we are able to freely and fairly vote for or against him.
It would be nice if Andrew Bailey and Will Sharf proved they was watching out for our interests as they are watching out for Trump’s.
For instance:
Bailey is the chairman of the Governor’s Crime Commission. Has anybody heard about anything substantial that the commission has done or is doing under his leadership? How is it working to reduce crime throughout Missouri. We haven’t heard a peep about that commission’s work or its record.
He has divided his office into eight divisions: Litigation, Consumer Protection, Governmental Affairs, Environmental Protection, Criminal Appeals, Governmental and Financial Entities, Labor, and Public Safety.
How has he protected us consumers? It had been a long time since we had heard anything about his supervision of the no-call list and prosecutions violators—until we got a pre-primary election brochure in our mail box the other day telling us what a splendid job his office was doing in consumer affairs.
Any companies being sued for shutting down without legally-required notifications of workers and providers? Any polluters being located?
What has he done to protect our environment?
What has his Public Safety Division done to increase your safety and mine?
And Labor—-what does that division do? Is it protecting those who labor?
All of us are left ignorant while Attorney General Bailey makes sure he remains an apple of the MAGA eye with self-aggrandizing huffing about the terrible things a dozen courageous and highly-responsible fellow citizens have done to underline the basic American belief that no one is above the law.
Isn’t it comforting to live in a state with so few problems that our Attorney General has time to meddle in the affairs of other states?
Why am I not therefore comfortable?