Louisiana Attorney General Liz Murrill has joined a multi-state initiative challenging the federal government's continued prosecution of former President Donald Trump. This effort, led by Florida Attorney General Ashley Moody and Iowa Attorney General Brenna Bird, seeks to have the U.S. Court of Appeals for the 11th Circuit uphold the dismissal of an indictment brought by U.S. Department of Justice Special Counsel Jack Smith.
The coalition argues that Smith's actions are invalid due to regulations that allegedly violate Article II of the U.S. Constitution. "Joe Biden and his Democrat allies’ persistent efforts to persecute and prosecute his political rivals undermines the entire justice system. Kamala Harris promises to continue these attacks. Louisiana is fighting back," stated Attorney General Murrill.
In 2022, U.S. Attorney General Merrick Garland appointed Jack Smith as Special Counsel with authority similar to that of any U.S. attorney, enabling him to investigate Trump. This appointment allowed Smith to indict a former president, who is also a principal political rival of the current administration.
The amicus brief filed by the coalition highlights an alternative reason for affirming the district court’s judgment dismissing the indictment: “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 claims these regulations breach Article II, rendering Smith's actions invalid.
It continues: “Indeed, the avowed purpose of Special Counsel Smith’s appointment was to remove responsibility—and thus political accountability—for investigations and prosecutions under his purview from the current Administration." The document suggests that appointing someone independent was deemed necessary after Trump announced his candidacy for the 2024 election.
Florida Attorney General Moody co-led this effort alongside Iowa's Attorney General Bird, with support from several other states including Alabama, Alaska, Arkansas, Idaho, Indiana, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Utah and West Virginia.