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Bailey says DOJ failed to comply with FOIA requests for Trump prosecution documents

ST. LOUIS RECORD

Monday, December 23, 2024

Bailey says DOJ failed to comply with FOIA requests for Trump prosecution documents

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Andrew Bailey | Andrew Bailey Official Website

Missouri Attorney General Andrew Bailey’s office has a filed a lawsuit seeking to have the U.S. Department of Justice turn over documents regarding the “illicit prosecutions” of former President Donald J. Trump.

In the September 26 federal lawsuit, Bailey’s office seeks communications between the DOJ, New York County District Attorney Alvin Bragg, Attorney General of New York Leticia James, and Fulton County District Attorney Fani Willis.

“Missourians have a right to know the facts behind any apparent efforts of government officials to interfere with the 2024 Presidential election,” the 11-page complaint states. “To vindicate that right, the Missouri Attorney General’s Office filed a lawful request for public records under the Freedom of Information Act, but the DOJ has refused to comply.

“The State of Missouri now seeks declaratory and injunctive relief compelling the DOJ for to provide documents that could shed light on politically motivated lawfare against one major political candidate, Donald J. Trump, the forty-fifth President of the United States and Republican nominee for the 2024 presidential election.”

The AGs office says many Missourians are concerned about recent legal actions the DOJ has taken against Trump that “show a concerning trend of selective and politically motivated prosecutions.”

“These actions directly diminish the ability of Missouri citizens to participate fully in the upcoming federal election,” the complaint states. “The extensive legal scrutiny and prosecution of Mr. Trump reflect a broader pattern of partisan misuse of judicial processes to silence and discredit a prominent political figure.

“Despite initial hesitance within the FBI and DOJ to pursue charges, leaks indicating President Biden’s personal interest in Mr. Trump’s prosecution preceded a sudden resurgence of investigations.”

Bailey’s office says this shift in DOJ focus coincided with “aggressive pursuits” by New York state officials targeting Trump and his businesses. The complaint says these actions raise “serious questions” about the impartiality and fairness of the legal maneuvers.

“The prolonged trials and investigations, stemming from novel theories and applications of law – and interfering with Mr. Trump’s ability to campaign across the country during the presidential election season – underscore concerns about the abuse of legal mechanism by the DOJ for political ends,” the complaint states.

“In the eyes of many Missourians, these legal proceedings are a targeted attack on a political opponent of the current President of the United States by his subordinates in the DOJ, and they represent a dangerous precedent that threatens the fundamental principles of due process and equal treatment under the law.”

Bailey’s office says the actions signify a “double standard in the administration of justice where powerful political interests influence prosecutorial decisions to achieve specific outcomes, undermining public trust in the integrity of the justice system.”

The AGs office also says this “misuse” of federal authorities impacts millions of Missourians who plan to vote this fall.

By withholding this information, the DOJ has “frustrated the ability of citizens to exercise the rights Congress outlined in the FOIA statute.”

“This refusal to comply with lawful FOIA demands has hindered efforts to assess the fairness and legality of the DOJ’s actions, reinforcing concerns about transparency and accountability within the department,” the complaint states. “By denying access to these documents, the DOJ has effectively obstructed attempts by the public to scrutinize the motivations behind its decisions, including the timing and basis for initiating legal proceedings against Mr. Trump.”

Bailey’s office submitted its FOIA request to the DOJ on May 9 seeking communications and documents between the DOJ and Bragg, James and Willis as well as those between the DOJ and special prosecutor Jack Smith related to the prosecution of Trump. It also seeks communications and documents related to the move of former DOJ prosecutor Matthew Colangelo to the Manhattan District Attorney’s Office.

As of September 26, Bailey’s office says the DOJ had not substantially responded to the request. It says the DOJ has violated FOIA by failing to comply with statutory deadlines and seeks declaratory relief and an order compelling the DOJ to produce all responsive records within 10 days of the order.

The complaint is signed by Bailey’s Deputy Chief Counsel for Government Affairs Andrew J. Crane and by Assistant AG Matthew J. Tkachuk.

U.S. District Court for the Eastern District of Missouri case number 4:24-cv-01301

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