Attorney General Ashley Moody is spearheading a multistate initiative urging the U.S. Court of Appeals for the 11th Circuit to uphold the dismissal of an indictment against former President Donald Trump. The indictment, issued by U.S. Department of Justice Special Counsel Jack Smith, is argued to be invalid due to regulations allegedly violating Article II of the U.S. Constitution.
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."
The appointment of Smith as Special Counsel in 2022 by U.S. Attorney General Merrick Garland gave him extensive authority similar to that of any U.S. attorney, including investigating Trump. This led to what Moody describes as an unprecedented step—indicting a former president and key political opponent of the current administration.
The coalition filed an amicus brief arguing that Smith's actions were based on regulations allowing executive power without presidential oversight, thus breaching Article II: “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.”
The brief further argues that Smith's appointment aimed to separate political accountability from investigations and prosecutions involving Trump: “The Attorney General appointed Special Counsel Smith after President Trump announced his candidacy for the 2024 election because it was considered ‘in the public interest’ for someone ‘independent’... The result: A single executive officer now unilaterally resolves massively consequential, politically fraught issues."
Moody co-led this legal action with Iowa Attorney General Brenna Bird. States joining this coalition include Alabama, Alaska, Arkansas, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Utah and West Virginia.