Andrew Baileyis an American attorney and politician. ARepublican,he has served asMissouri Attorney Generalsince he was appointed by GovernorMike Parsonin January 2023.
Andrew Bailey | |
|---|---|
 Official portrait, 2023 | |
| 44th Attorney General of Missouri | |
| Assumed office January 3, 2023 | |
| Governor | Mike Parson |
| Preceded by | Eric Schmitt |
| Personal details | |
| Political party | Republican |
| Spouse | Jessica |
| Children | 4 |
| Education | University of Missouri(BA,JD) |
| Signature |  |
| Military service | |
| Branch/service |  United States Army |
| Battles/wars | Iraq War |
During his tenure as attorney general, Bailey has refused to release prisoners after overturned convictions, attempted unsuccessfully to restrictgender-affirming care,battled initiatives to restore access toabortion in Missouri,and staunchly defended former PresidentDonald Trumpover his legal problems.[1]
Early life and education
editBailey grew up inColumbia, Missouri[2]andGluckstadt, Mississippi.[3]He earned a Bachelor of Arts degree in English from theUniversity of Missouriwhile on anArmy ROTCscholarship.[4]After graduating from the University of Missouri, he was deployed toIraqduring theIraq War.[5]Bailey earned aJuris Doctorfrom theUniversity of Missouri School of Law.[6]
Career
editBailey was serving as general counsel of theMissouri Department of Correctionsbefore joining the office of GovernorMike Parsonas deputy general counsel.[6]In 2021, he was appointed as Parson's general counsel.[6]
Tenure as Attorney General
editIn November 2022, Parson appointed Bailey as the 44th attorney general of Missouri, after his predecessorEric Schmitt'selection to the U.S. Senate.[6]He took office on January 3, 2023.[5]As attorney general, Bailey moved aggressively to expand his powers and used his post to pursue conservative "culture war"issues.[5]
Throughout his term, Bailey has faced a number of controversies regarding his use of power. TheSt. Louis Post-Dispatchmaintains The Bailey Tally, "[a] running count of the many instances in which Missouri's official lawyer has abused the legal process, refused to do his job and/or engaged in blatant conflicts of interest, all in service to an extremist right-wing agenda."[7]
Opposition to overturning convictions and judicial response
editBailey faced criticism over refusing to overturn questionable convictions, even when local prosecutors present evidence suggesting that a convicted person is in fact innocent. In the case of Sandra Hemme, who served 43 years of a life sentence prior to her sentence being overturned in June 2024,[8]Bailey's office attempted to circumvent the order to release Hemme. On July 19, Judge Ryan Horsman threatened to hold Bailey in contempt if Hemme was not immediately released from a prison in Chillicothe following rulings by Horsman, an appellate court, and the Missouri Supreme Court. Bailey's office was scolded for telling prison officials not to release Hemme despite the ruling. “To call someone and tell them to disregard a court order is wrong,” Judge Horsman said.[9]
In July 2024, Bailey's office announced intentions to appeal and block Judge Jason Sengheiser's ruling of innocence in the case of Christopher Dunn, who has served 33 years in state prison.[10]
Bailey also blocked a request for a new evidence hearing in the case of Marcellus Williams, despite a DNA "mismatch" identified in 2015.[11]After the trial, prosecutors admitted to excluding a potential African-American juror that Williams' attorneys alleged was due to the juror's race (prosecutors asserted it was due to the juror's close age and physical resemblance to Williams) and acknowledged evidence of crime scene contamination by the state's attorney during the trial. As a result, prosecutors reached a plea agreement with Williams to reduce his death sentence to life without parole. However, Missouri Attorney General Bailey petitioned the Missouri Supreme Court to block the agreement, and subsequently, the plea agreement was overturned.[12]
Williams was executed on September 24, 2024, despite efforts by his attorneys and the Missouri prosecutor's office to halt the execution.[13]
Abortion
editBaileyopposes abortion.In 2023, Bailey asked thestate auditor's officeto change the "anticipated costs" section of a proposed ballot initiative torestore abortion rights in Missouri,which is one of several initiative petitions filed following a ban passed by the state legislature.[14][15]After AuditorScott Fitzpatrick(a Republican) classified the initiative as having an estimated impact of "no costs or savings," Bailey sought to change the estimate to "in the billions"[14][15]and later claimed that restoring abortion rights would cost "upward of $12 billion."[15]Fitzpatrick said that while he personally opposes abortion, there is no evidence that it would cost the state money.[14][15]
TheSupreme Court of Missouriunanimously ruled that Bailey had no authority to change the projected cost; in a July 2023 ruling, the Court wrote that Bailey improperly attempted to hold up the initiative, that his authority was to review the "legal content and form" (not the "substance" ) of the auditor's reports, and that Bailey had refused "to perform the plain, unequivocal andministerial dutyof approving those summaries. "[15][16]In 2024, Bailey suedPlanned Parenthood,accusing it of trafficking minors across state lines for abortions[17]using aProject Veritasvideo as evidence. Planned Parenthood describes the video as "heavily doctored and edited"; it was found to feature a fictional girl while purporting to be factual.[18]
In 2024, Bailey joined Kansas and Idaho attorneys general in a lawsuit seeking to reinstate FDA restrictions from year 2000 on the medicationmifepristone,which induces chemical abortions. The lawsuit was previously filed by anti-abortion medical professionals and rejected by theSupreme Courtfor lack of demonstrated harm. Bailey argued that Missouri is harmed by lost projected revenue due to lowerteenage pregnancyrates.[19]
Defamation
editBailey agreed to have his office represent senatorsRick Brattin,Denny HoskinsandNick Schroerin a defamation lawsuit related to the2024 Kansas City parade shooting,when the senators posted misinformation on social media identifying a bystander as both the shooter and an undocumented immigrant. Bailey claims that the senators are protected bylegislative immunityand that their social media posts, later deleted, were made in their official capacity.[20]
Diversity, equity, and inclusion public schools investigation; ethics complaint
editIn March 2024, an after-school fight atHazelwood East High Schoolresulted in a 16-year-old student being critically injured by another girl. Bailey's office announced an investigation into the school's focus on diversity, equity and inclusion (DEI) program, although race was not apparently a factor in the fight. Bailey's letter was strongly criticized for containing several easily verified factual errors, for instance, listing the wrong date and time of the fight and suggesting school resource officers could have prevented the incident. The altercation took place off-campus and after the school day. The school district responded that Bailey was politicizing the incident for political purposes.[21]After Bailey announced the investigation, an attorney for the district reported bomb scares in the district and racially-charged hateful messages from across the country.[22]
In April 2024, the district filed a claim charging Bailey violated state rules by initiating a "frivolous" investigation based on inaccurate claims and politicizing the case. "The complaint to Missouri's Office of Chief Legal Counsel cited multiple violations of the Missouri court system's Rules of Professional Conduct, which are based on American Bar Association models... Those rules prohibit lawyers from bringing frivolous claims, making claims in bad faith, making derogatory public comments about targets of legal action, and using the legal process for the purpose of harassment and intimidation."[23]
Firearms
editOn March 7, 2023, federal judgeBrian C. Wimesfound a state law, signed by Parson, regulating cooperation with federal authorities on firearms issues, to be unconstitutional as a violation of theSupremacy Clause.[24]Bailey appealed the case to theEighth Circuit,who affirmed the court's ruling in August 2024.[25]Bailey pressured Auditor Scott Fitzpatrick to change his fiscal note on a ballot petition for firearm regulations. Bailey's proposed costs of $704 million includes costs associated to an estimated "additional 32 murders and 726 rapes" should stricter regulations be implemented. Fitzpatrick retained his original estimate, which Bailey approved.[26]
Gambling
editLawyers under Bailey's attorney general's office withdrew from a lawsuit related to unregulated slot machines. The plaintiffs, Torch Electronics and Warrenton Oil, have contributed to Bailey's2024 Missouri Attorney General electioncampaign. In 2021, former attorney generalEric Schmittreturned contributions from Torch Electronics whenconflict of interestconcerns were raised, choosing to continue work on the case.
Bailey's office did not respond to questions as to why Bailey's office chose to accept the money rather than withdraw from the case.[27]In a 2024 town hall amongst attorney general candidates a question was asked, "What are we going to do about gambling machines?" The response from Bailey was, “This issue is a failure of the status quo inJefferson City... Prosecute crimes and enforce the rule of law. "|Missouri Attorney General Town Hall Springfield Elad Gross Trump Attorney Will Scharf Andrew Bailey|
The games have come under scrutiny by the Missouri Gaming Association,Missouri State Highway Patrol,andSt. Louis County Board of Police Commissioners,who have found a lack of clear legal guidance on the issue. Will Scharf, rival candidate for attorney general, describes the games as "blatantly illegal" and within the scope of the office's responsibilities.[28]
Media Matters for America
editIn 2023, Bailey opened a fraud investigation into the left-leaningMedia Matters for America,alleging fraud in the organization's reports on placement of advertisements next to pro-Nazi content onTwitter.[29]
Social media censorship
editIn June 2024 the U.S. Supreme Court, in a 6-3 decision, rejected arguments that the federal government violated the First Amendment in its efforts to combat misleading information online. The court held that the co-plaintiffs in the case, including the states of Missouri and Louisiana and seven individuals, could not demonstrate any harm or risk that they will suffer an injury in the future—that they did not have standing to file a suit. A lower court ruled officials in the Trump and Biden administrations unlawfully coerced social media companies to remove "deceptive or inaccurate content out of fears it would fuel vaccine hesitancy or upend elections."[30]
Student debt relief
editBailey supports the lawsuit filed by former AGEric Schmittagainst the Bidenstudent debtrelief plan on behalf of theHigher Education Loan Authority of the State of Missouri(MOHELA), a company contracted to handle student loan accounts. A federal judge in Missouri initially threw out the suit, saying that the company was too far removed from the state of Missouri for the case to have standing; however, federal appeals sent the case to theSupreme Courtand froze student debt relief indefinitely.[31]
When asked about MOHELA's unpaid contributions to state higher aid funds since 2008, Bailey responded the issue is for the Supreme Court "to sort out."[32]Advocates for student debt relief have argued that MOHELA's revenues would increase should the plan go through.[33]
Transgender care bans
editIn April 2023, Bailey released an emergency rule requiring health care providers to screen individuals before providinggender-affirming health caretotransgenderpeople. The rule was believed to be the first such ban in the nation as it would apply to adults, in addition to children.[34]The rule would have taken effect April 27, 2023 and expired in February 2024. Bailey justified the rule claiming that the medical procedures were "experimental" and required "substantial guardrails."[35]This political intervention in medical care aligned with bills filed in other states; however, Bailey escalated the process through his office's authority inMissouri Merchandising Practices Act.[36]
The rule required healthcare providers to documentgender dysphoriafor a period of three years before prescribingpuberty blockers,cross-sex hormones,orgender-affirming surgery.Transgender individuals would be required to undergo 15 sessions with a psychologist or psychiatrist over at least 18 months before receiving care. The rule required providers to ensure "mental health comorbidities" have been "treated and resolved." The rule required providers to document that the patient has been screened forautismandsocial contagionand, for minors,social media addiction.[35]
The rule was suspended while theAmerican Civil Liberties Union,Lambda Legal,service providers, and community members challenged the rule in court. Bailey withdrew the rule in May 2023,[37]following passage of a bill in the Missouri legislature restricting care fortransgender youth.Bailey announced his intention to take legal action against the Kansas City Police Department should they fail to enforce restrictions. But the Police Chief clarified that the matter was outside theirjurisdictionsince the bill's provisions do not relate to criminal conduct.[38]
In 2023, Bailey made 54 demands to theChildren's Mercy Hospitalin Kansas City for documents and testimony related to trans care, although the hospital was not accused of any wrongdoing.[39]In April 2023, Children's Mercy sued Bailey in state court, arguing that the demands exceeded Bailey's investigative authority and that release of the information demanded by Bailey would violatemedical privacylaws, among other state and federal statutes.[39]In July 2024, a St. Louis Circuit Court judge ruled that Bailey could not receive unredacted private medical information of minors treated at the Washington University Transgender Clinic.[40]
Pro-Trump positions
editIn March 2023, Bailey condemned a grand jury in New York after it indicted Donald Trump on charges offalsifying business records,arising from his company'spayment of hush money to a pornographic film star.[41]Bailey, along with other Missouri Republicans, blamedGeorge Sorosfor the grand jury decision; Jewish leaders in Missouri criticized these statements for echoingantisemitic tropes.[42]
As attorney general, Bailey has appeared on shows hosted byJenna Ellis,a former lawyer toDonald Trump,who has beenindicted on felony charges for conspiring to overturn the 2020 presidential election.[1]The Kansas City Starcriticized Bailey's decision to appear on the podcast, writing that it was "remarkable" that "Missouri's chief legal officer, a role that at times involves prosecuting criminal cases, is appearing with an individual accused of committing a felony to advance a conspiracy to overturn a presidential election in another state."[1]
In December 2023, Bailey, representing Missouri, joined anamicus brief,submitted by Republican state attorneys general in support of the ex-president in theUnited States v. Trumpcase against Trump over his handling of classified documents.The brief, led by Alabama, argued against the application of thePresidential Records Actto certain documents in the case.[43]
In June 2024, Baily announced his intention to file a lawsuit against the State of New York in the U.S. Supreme Court, asking the court to "stay the gag order and any sentence" inNew York's criminal case against Trumpuntil afterthe 2024 presidential election.He justified the lawsuit by claiming that the gag and sentencing order would interfere with Missouri citizens' ability to obtain election-related information and with the state'selectors'ability to perform their duties. He filed the lawsuit on July 3.[44][45][46]In his suit, Bailey attempted to invokethe Supreme Court's exclusive jurisdictionto hear disputes between two states.[47]The Supreme Court rejected Bailey's lawsuit on August 5.[48]
2024 campaign
editIn 2024, Bailey campaigned for a full term as Attorney General.[49]In the Republicanprimary election,Bailey faced challenger Will Scharf, a formerassistant U.S. attorneyand official inEric Greitens' administration.[50]Bailey's campaign was supported by the "Life and Liberty PAC" (whose biggest donors arePauline MacMillan Keinathof theCargill family,and the family and associates ofMichael Ketchmark), while Scharf's campaign was supported by the "Defend Missouri PAC" (which is funded largely by theJudicial Crisis Networkand other groups associated with conservative activistLeonard Leo).[50]Bailey won the Republican primary, and subsequently the general election, as he defeated Democrat Elad Gross.[51]
Shortly after winning reelection, it was revealed that Bailey was on President-elect Donald Trump's shortlist of candidates for U.S. Attorney General; however, Trump ultimately chose RepresentativeMatt Gaetzfor the role.[52]
Personal Life
editBailey and his wife, Jessica, have four children, three of whom they fostered and later adopted.[3]They live inMontgomery County, Missouri.[53]
References
edit- ^abc"Missouri AG Bailey joins shows hosted by Trump co-defendant in election conspiracy case".Kansas City Star.2023.
- ^"Andrew Bailey Says His Approach as Missouri Attorney General is Shaped by Faith, War".Missouri Independent.July 18, 2024.
- ^ab"Gluckstadt Parents Proud of AG Appointment".Madison County Journal.December 7, 2022.
- ^Andrew Bailey Sworn In as Missouri's 44th Attorney General(press release) (January 9, 2023).
- ^abcKacen Bayless,Missouri's unelected AG has taken aggressive steps to expand power. Has he gone too far?,Kansas City Star(June 25, 2023).
- ^abcd"Andrew Bailey, general counsel for the governor, named Missouri attorney general".STLPR.November 23, 2022.RetrievedDecember 23,2022.
- ^"Editorial: The Bailey Tally... Let us count the ways".St. Louis Post-Dispatch.May 17, 2024. Archived fromthe originalon November 13, 2024.
- ^Hollingsworth, Heather (June 15, 2024)."Missouri woman's murder conviction tossed after 43 years. Her lawyers say a police officer did it".Associated Press.RetrievedJuly 20,2024.
- ^Hollingsworth, Heather; Salter, Jim (July 19, 2024)."Missouri woman who served 43 years in prison is free after her murder conviction was overturned".Associated Press.RetrievedJuly 20,2024.
- ^Chandler Landis, Debra (July 23, 2024)."Missouri judge overturns Christopher Dunn's wrongful conviction after 30 years".St. Louis Public Radio.RetrievedJuly 23,2024.
- ^McLean, Joe (July 24, 2024)."Missouri man faces execution in two months, despite DNA mismatch".WGEM.RetrievedJuly 26,2024.
- ^Von Quednow, Cindy (September 23, 2024)."Missouri Supreme Court declines to halt Tuesday's execution of a death row inmate who prosecutor says might be innocent".cnn.RetrievedSeptember 23,2024.
- ^Silva, Daniella (September 24, 2024)."Missouri man convicted of murder executed after prosecutor tried to stop it".nbcnews.RetrievedSeptember 24,2024.
- ^abcHancock, Jason (May 4, 2023)."Missouri auditor says AG trying to falsely inflate projected cost of abortion amendment".Missouri Independent.
- ^abcdeAnna Betts,Missouri Supreme Court Allows Abortion Ballot Initiative to Move Ahead,New York Times(July 20, 2023).
- ^Bayless, Kacen (July 20, 2023)."AG Bailey had no authority to inflate cost of abortion petition, MO Supreme Court rules".Kansas City Star.
- ^"Missouri AG files lawsuit against Planned Parenthood over out-of-state abortions on minors".FOX 2.February 29, 2024.
- ^Spoerre, Anna (February 29, 2024)."Missouri AG sues Planned Parenthood over Project Veritas video involving fictional girl".Missouri Independent.
- ^Spoerre, Anna (October 22, 2024)."Missouri AG in abortion pill lawsuit argues fewer teen pregnancies hurt state financially • Missouri Independent".Missouri Independent.RetrievedOctober 22,2024.
- ^Hancock, Jason (May 3, 2024)."Missouri AG will defend senators sued for defamation over posts about Chiefs parade shooting • Missouri Independent".Missouri Independent.RetrievedAugust 22,2024.
- ^"Attorney for Hazelwood School District responds to AG Bailey's investigation Bailey responds back".First Alert 4 (KMOV).March 26, 2024.
- ^Obradovic, Monica (May 2, 2024)."Hazelwood schools files ethics complaint against AG Bailey over DEI investigation".St. Louis Post-Dispatch.
- ^"Editorial: Bailey's bullying finally gets push-back. His other victims should follow suit".St. Louis Post-Dispatch.May 5, 2024.
- ^Shorman, Jonathan; Bayless, Kacen (March 7, 2023)."Federal judge tosses Missouri gun law, ruling it 'exposes citizens to greater harm'".Kansas City Star.RetrievedApril 18,2023.
- ^Hancock, Jason (August 26, 2024)."Federal appeals court declares Missouri's 'Second Amendment Preservation Act' unconstitutional".Missouri Independent.RetrievedAugust 27,2024.
- ^Hancock, Jason (August 29, 2023)."Suit targets gun initiative over Missouri AG claim it would spike rape and murder, cost millions".Missouri Independent.
- ^Suntrup, Jack (April 25, 2023)."Missouri AG withdraws from gambling case after taking donations from other side".St. Louis Post-Dispatch.
- ^Keller, Rudi (October 2, 2023)."Gaming parlors are popping up across Missouri. Courts have yet to determine if they are illegal".Missouri Independent.
- ^"Elon Musk's fight against Media Matters gets backup from Missouri attorney general".STLPR.December 18, 2023.
- ^Hancock, Jason (June 26, 2024)."SCOTUS rejects Missouri lawsuit alleging feds bullied social media into censoring content".Missouri Independent.RetrievedJune 26,2024.
- ^Stratford, Michael (December 12, 2022)."The student loan company being used to attack Biden's debt relief plan".POLITICO.RetrievedMay 10,2023.
- ^Dwyr, Devin; Flaherty, Anne; Herndon, Sarah (February 28, 2023)."Conservative justices question Biden's student loan plan in crucial SCOTUS case".ABC News.RetrievedMay 10,2023.
- ^"The Suit against Student Debt Relief Doesn't Add Up: Flawed Claims of Legal Standing in Biden v. Nebraska".Roosevelt Institute.May 2, 2023.RetrievedMay 10,2023.
- ^Ballentine, Summer; Hollingsworth, Heather (March 13, 2023)."Missouri to limit gender-affirming care for minors, adults".Associated Press.RetrievedApril 14,2023.
- ^abHanshaw, Annelise (April 13, 2023)."Emergency rule seeks to limit access to certain procedures for transgender Missourians".Missouri Independent.
- ^Leffer, Lauren (April 14, 2023)."Emergency Rule Seriously Restricts Trans Health Care in Missouri".Gizmodo.RetrievedApril 19,2023.
- ^Fentem, Sarah (May 16, 2023)."Missouri attorney general withdraws rule limiting trans care for children and adults".St. Louis Public Radio.RetrievedMay 16,2023.
- ^"Missouri AG urges Kansas City police to enforce transgender care restrictions law".FOX 2.May 24, 2023.RetrievedMay 26,2023.
- ^abHospital sues Missouri's top prosecutor over trans care data,Associated Press (April 15, 2023).
- ^Hanshaw, Annelise (July 8, 2024)."Judge rules Missouri AG has no right to medical records of transgender minors at Wash U • Missouri Independent".Missouri Independent.RetrievedAugust 8,2024.
- ^"Missouri Republicans denounce indictment of Donald Trump over hush money payments".KCUR. March 31, 2023.RetrievedMarch 1,2024.
- ^"As MO Republicans blame Soros for Trump indictment, Jewish leaders warn of antisemitic tropes".Kansas City Star.2023.
- ^"States' Brief in USA v. Trump"(PDF).Missouri Attorney General's Office.December 20, 2023.RetrievedDecember 22,2023.
- ^Helmore, Edward (June 21, 2024)."Missouri attorney general to sue New York over Trump prosecutions".The Guardian.ISSN0261-3077.RetrievedJuly 26,2024.
- ^Roy, Yash (July 3, 2024)."Missouri sues New York to lift Donald Trump's gag order".The Hill.RetrievedJuly 26,2024.
- ^"Motion for Preliminary Injunction or Stay"(PDF).Supreme Court of the United States.July 3, 2024.Docket no. 22O159.Archived(PDF)from the original on July 11, 2024.
- ^Schonfeld, Zach (July 25, 2024)."NY tells Supreme Court to toss Missouri's long shot bid to block Trump's sentence".The Hill.RetrievedJuly 26,2024.
- ^Whitehurst, Linday (August 5, 2024)."Supreme Court shuts down Missouri's long shot push to lift Trump's gag order in hush-money case".Associated Press.
- ^Hancock, Jason (December 12, 2022)."Bailey begins fundraising for Missouri attorney general campaign with help from lobbyist".STLtoday.RetrievedDecember 23,2022.
- ^abHancock, Jason (April 18, 2023)."GOP rivals in Missouri attorney general race draw even in fundraising".Missouri Independent.
- ^Kite, Allison (August 8, 2024)."Judge dismisses lawsuit before Missouri attorney general could be questioned under oath".Missouri Independent.RetrievedAugust 8,2024.
- ^Suntrup, Jack (November 13, 2024)."Missouri's Andrew Bailey was on Trump's short list for AG, but Matt Gaetz gets picked instead".STLtoday.Archived fromthe originalon November 13, 2024.RetrievedNovember 13,2024.
- ^"About AG Bailey Attorney General Office of Missouri".ago.mo.gov.RetrievedAugust 1,2024.