Florida Leads Bold Multistate Effort Against DOJ’s Attempt to Prosecute Trump

Donald Trump rides in a truck | Photo from Donald Trump Facebook

Attorney General Ashley Moody is spearheading a multistate effort to challenge the federal government's ongoing attempts to prosecute former President Donald Trump, even after the case was thrown out.

According to today's press release, Moody, along with attorneys general from several states, is urging the U.S. Court of Appeals for the 11th Circuit to uphold the dismissal of DOJ Special Counsel Jack Smith’s indictment of Trump. The coalition argues that Smith’s actions violate Article II of the U.S. Constitution due to a lack of presidential accountability.

Attorney General Ashley Moody stated, “We are leading the fight against the Biden-Harris machine’s persistent attempts to prosecute their political rival — even after the case was dismissed. Through a new multistate effort, we are urging the court to affirm the district court’s dismissal of DOJ Special Counsel Jack Smith’s indictment of former President Trump. We have a profound interest in ensuring that those responsible remain democratically accountable to the states’ citizens and in checking unprecedented abuses of executive power.”

In 2022, U.S. Attorney General Merrick Garland appointed Jack Smith as Special Counsel, giving him broad authority to investigate Trump. Smith took the unprecedented step of indicting a former president and the current administration’s main political opponent. Unlike a U.S. attorney, Smith operates with little to no direct oversight from the President, raising concerns about unchecked power.

Moody and her coalition filed an amicus brief, emphasizing the unconstitutional nature of Smith’s appointment. They argue that the regulations under which Smith operates violate the Constitution, stating, “Smith acted under regulations that authorize the exercise of core executive power unguided by the plenary control of the President or any principal officer accountable to him. Because those regulations violate Article II of the Constitution, Smith’s actions under them are invalid.”

The brief further argues that Smith’s appointment was an attempt to shield the current administration from political accountability: “The result: A single executive officer now unilaterally resolves massively consequential, politically fraught issues like whether to indict a former president and current presidential candidate and what position the United States will take as to whether and to what extent a President enjoys immunity from criminal prosecution.”

Moody, in partnership with Iowa Attorney General Brenna Bird, leads this powerful coalition. States joining the effort include Alabama, Alaska, Arkansas, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, and West Virginia.

For more details and to view a copy of the brief, click here.