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Andrew Bailey (politician)

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Andrew Bailey
44th Attorney General of Missouri
Incumbent
Assumed office
January 3, 2023
GovernorMike Parson
Preceded byEric Schmitt
Personal details
Political partyRepublican
EducationUniversity of Missouri (BA, JD)
Signature
Military service
Branch/service United States Army
Battles/warsIraq War

Andrew Bailey is an American attorney and politician. A Republican, he has served as Missouri Attorney General since appointment by Governor Mike Parson in January 2023.

During his tenure as attorney general, Bailey adopted hardline conservative positions. He has attempted unsuccessfully to restrict gender-affirming care, battled initiatives to restore access to abortion in Missouri, and staunchly defended former President Donald Trump over his legal problems.[1]

Early life and education

Bailey earned a Bachelor of Arts degree in English from the University of Missouri on an Army ROTC scholarship.[2] After earning his bachelor's degree, he was deployed to Iraq during the Iraq War.[3] Bailey earned a Juris Doctor from the University of Missouri School of Law.[4]

Career

Bailey was serving as general counsel of the Missouri Department of Corrections before joining the office of Governor Mike Parson as deputy general counsel.[4] In 2021, he was appointed as Parson's general counsel.[4]

Tenure as Attorney General

In November 2022, Parson appointed Bailey, then age 41, as the 44th attorney general of Missouri.[4] He took office on January 3, 2023.[3] As AG, Bailey moved aggressively to expand his powers, and used his post to pursue conservative "culture war" issues.[3]

Abortion

Bailey opposes abortion. In 2023, Bailey asked the state auditor's office to change the "anticipated costs" section of a proposed ballot initiative to restore abortion rights in Missouri, which is one of several initiative petitions filed following a ban passed by the state legislature.[5][6]

After Auditor Scott 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"[5][6] and later claimed that restoring abortion rights would cost "upward of $12 billion."[6] Fitzpatrick said that while he personally opposes abortion, there is no evidence that it would cost the state money.[5][6]

The Supreme Court of Missouri unanimously 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 and ministerial duty of approving those summaries."[6][7]

In 2024, Bailey sued Planned Parenthood, accusing it of trafficking minors across state lines for abortions[8] using a Project Veritas video 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.[9]

Diversity, equity, and inclusion in public schools and subsequent ethics complaint

In March 2024, an after-school fight at Hazelwood East High School resulted 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.[10] 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.[11]

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."[12]

Firearms

On March 7, 2023, federal judge Brian C. Wimes found a state law, signed by Parson, regulating cooperation with federal authorities on firearms issues, to be unconstitutional as a violation of the Supremacy Clause. Bailey said he would challenge the decision.[13] Disappointed with Bailey's action, Kansas City Mayor Quinton Lucas said that Missouri officials had hoped, comparing Bailey to former attorney general, now-U.S. Senator, Eric Schmitt, that Bailey "...would approach the office like a grown-up."[13]

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.[14]

Gambling

Lawyers 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's 2024 Missouri Attorney General election campaign. In 2021, former attorney general Eric Schmitt returned contributions from Torch Electronics when conflict of interest concerns 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.[15]

The games have come under scrutiny by the Missouri Gaming Association, Missouri State Highway Patrol, and St. 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.[16]

Media Matters for America

In 2023, Bailey opened a fraud investigation into the left-leaning Media Matters for America, alleging fraud in the organization's reports on placement of advertisements next to pro-Nazi content on Twitter.[17]

Student debt relief

Bailey supports the lawsuit filed by former AG Eric Schmitt against the Biden student debt relief plan on behalf of the Higher 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 the Supreme Court and froze student debt relief indefinitely.[18]

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."[19] Advocates for student debt relief have argued that MOHELA's revenues would increase should the plan go through.[20]

Transgender care bans

In April 2023, Bailey released an emergency rule requiring health care providers to screen individuals before providing gender-affirming health care to transgender people. The rule is believed to be the first such ban in the nation as it would apply to adults, in addition to children.[21] 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."[22] This political intervention in medical care aligned with bills filed in other states; however, Bailey escalated the process through his office's authority in Missouri Merchandising Practices Act.[23]

The rule required healthcare providers to document gender dysphoria for a period of three years before prescribing puberty blockers, cross-sex hormones, or gender-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 for autism and social contagion and, for minors, social media addiction.[22]

The rule was suspended while the American Civil Liberties Union, Lambda Legal, service providers, and community members challenged the rule in court. Bailey withdrew the rule in May 2023,[24] following passage of a bill in the Missouri legislature restricting care for transgender 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 their jurisdiction since the bill's provisions do not relate to criminal conduct.[25]

In 2023, Bailey made 54 demands to the Children's Mercy Hospital in Kansas City for documents and testimony related to trans care, although the hospital was not accused of any wrongdoing.[26] 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 violate medical privacy laws, among other state and federal statutes.[26]

Pro-Trump positions

In March 2023, Bailey condemned a grand jury in New York after it indicted Donald Trump on charges of falsifying business records, arising from his company's payment of hush money to a pornographic film star.[27] Bailey, along with other Missouri Republicans, blamed George Soros for the grand jury decision; Jewish leaders in Missouri criticized these statements for echoing antisemitic tropes.[28]

As attorney general, Bailey has appeared on shows hosted by Jenna Ellis, a former lawyer to Donald Trump, who has been indicted on felony charges for conspiring to overturn the 2020 presidential election.[1] The Kansas City Star criticized Bailey’s decision to appear on the podcast, writing that ut 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 an amicus brief, submitted by Republican state attorneys general in support of the ex-president in the United States v. Trump case against Trump over his handling of classified documents. The brief, led by Alabama, argued against the application of the Presidential Records Act to certain documents in the case[29]

2024 campaign

Main article: 2024 Missouri Attorney General election

Bailey is campaigning for a full term as AG.[30] In the Republican primary election, Bailey is being challenged by Will Scharf, a former assistant U.S. attorney and official in Eric Greitens' administration.[31] Bailey's campaign is supported by the "Life and Liberty PAC" (whose biggest donors are Pauline MacMillan Keinath of the Cargill family, and the family and associates of Michael Ketchmark), while Scharf's campaign is being supported by the "Defend Missouri PAC" (which is funded largely by the Judicial Crisis Network and other groups associated with conservative activist Leonard Leo).[31]

The St. Louis Post-Dispatch maintains 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."[32]

References

  1. ^ a b c "Missouri AG Bailey joins shows hosted by Trump co-defendant in election conspiracy case". Kansas City Star. 2023.
  2. ^ Andrew Bailey Sworn In as Missouri's 44th Attorney General (press release) (January 9, 2023).
  3. ^ a b c Kacen Bayless, Missouri's unelected AG has taken aggressive steps to expand power. Has he gone too far?, Kansas City Star (June 25, 2023).
  4. ^ a b c d "Andrew Bailey, general counsel for the governor, named Missouri attorney general". STLPR. November 23, 2022. Retrieved December 23, 2022.
  5. ^ a b c Hancock, Jason (May 4, 2023). "Missouri auditor says AG trying to falsely inflate projected cost of abortion amendment". Missouri Independent.
  6. ^ a b c d e Anna Betts, Missouri Supreme Court Allows Abortion Ballot Initiative to Move Ahead, New York Times (July 20, 2023).
  7. ^ Bayless, Kacen (July 20, 2023). "AG Bailey had no authority to inflate cost of abortion petition, MO Supreme Court rules". Kansas City Star.
  8. ^ "Missouri AG files lawsuit against Planned Parenthood over out-of-state abortions on minors". FOX 2. February 29, 2024.
  9. ^ Spoerre, Anna (February 29, 2024). "Missouri AG sues Planned Parenthood over Project Veritas video involving fictional girl". Missouri Independent.
  10. ^ "Attorney for Hazelwood School District responds to AG Bailey's investigation Bailey responds back". First Alert 4 (KMOV). March 26, 2024.
  11. ^ Obradovic, Monica (May 2, 2024). "Hazelwood schools files ethics complaint against AG Bailey over DEI investigation". St. Louis Post-Dispatch.
  12. ^ "Editorial: Bailey's bullying finally gets push-back. His other victims should follow suit". St. Louis Post-Dispatch. May 5, 2024.
  13. ^ a b Shorman, Jonathan; Bayless, Kacen (March 7, 2023). "Federal judge tosses Missouri gun law, ruling it 'exposes citizens to greater harm'". Kansas City Star. Retrieved April 18, 2023.
  14. ^ Hancock, Jason (August 29, 2023). "Suit targets gun initiative over Missouri AG claim it would spike rape and murder, cost millions". Missouri Independent.
  15. ^ Suntrup, Jack (April 25, 2023). "Missouri AG withdraws from gambling case after taking donations from other side". St. Louis Post-Dispatch.
  16. ^ Keller, Rudi (October 2, 2023). "Gaming parlors are popping up across Missouri. Courts have yet to determine if they are illegal". Missouri Independent.
  17. ^ Elon Musk's fight against Media Matters gets backup from Missouri attorney general
  18. ^ Stratford, Michael (December 12, 2022). "The student loan company being used to attack Biden's debt relief plan". POLITICO. Retrieved May 10, 2023.
  19. ^ Dwyr, Devin; Flaherty, Anne; Herndon, Sarah (February 28, 2023). "Conservative justices question Biden's student loan plan in crucial SCOTUS case". ABC News. Retrieved May 10, 2023.
  20. ^ "The Suit against Student Debt Relief Doesn't Add Up: Flawed Claims of Legal Standing in Biden v. Nebraska". Roosevelt Institute. May 2, 2023. Retrieved May 10, 2023.
  21. ^ Ballentine, Summer; Hollingsworth, Heather (March 13, 2023). "Missouri to limit gender-affirming care for minors, adults". Associated Press. Retrieved April 14, 2023.
  22. ^ a b Hanshaw, Annelise (April 13, 2023). "Emergency rule seeks to limit access to certain procedures for transgender Missourians". Missouri Independent.
  23. ^ Leffer, Lauren (April 14, 2023). "Emergency Rule Seriously Restricts Trans Health Care in Missouri". Gizmodo. Retrieved April 19, 2023.
  24. ^ Fentem, Sarah (May 16, 2023). "Missouri attorney general withdraws rule limiting trans care for children and adults". St. Louis Public Radio. Retrieved May 16, 2023.
  25. ^ "Missouri AG urges Kansas City police to enforce transgender care restrictions law". FOX 2. May 24, 2023. Retrieved May 26, 2023.
  26. ^ a b Hospital sues Missouri's top prosecutor over trans care data, Associated Press (April 15, 2023).
  27. ^ "Missouri Republicans denounce indictment of Donald Trump over hush money payments". KCUR. March 31, 2023. Retrieved March 1, 2024.
  28. ^ "As MO Republicans blame Soros for Trump indictment, Jewish leaders warn of antisemitic tropes". Kansas City Star. 2023.
  29. ^ "States' Brief in USA v. Trump" (PDF). Missouri Attorney General's Office. December 20, 2023. Retrieved December 22, 2023.
  30. ^ Hancock, Jason (December 12, 2022). "Bailey begins fundraising for Missouri attorney general campaign with help from lobbyist". STLtoday.com. Retrieved December 23, 2022.
  31. ^ a b Hancock, Jason (April 18, 2023). "GOP rivals in Missouri attorney general race draw even in fundraising". Missouri Independent.
  32. ^ "Editorial: The Bailey Tally ... Let us count the ways". St. Louis Post-Dispatch. May 17, 2024.
Legal offices
Preceded by Attorney General of Missouri
2023–present 		Incumbent
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