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Missouri's Attorney General passed over as Trump's pick to lead DOJ for a second time

The Missouri Republican is known for advancing arguments made in Project 2025, including that the Comstock Act should prevent the mailing of abortion pills.

MISSOURI, USA — A rising figure in Missouri's Republican Party was passed over as President-elect Donald Trump's pick for attorney general—again.

Trump on Thursday named Pam Bondi, the former attorney general of Florida, to be U.S. attorney general just hours after his other choice, Matt Gaetz, withdrew his name.

Bondi is a longtime Trump ally and was one of his lawyers during his first impeachment trial when he was accused — but not convicted — of abusing his power as he tried to condition U.S. military assistance to Ukraine on that country investigating then-former Vice President Joe Biden.

It was the second time this month that Missouri Attorney General Andrew Bailey was passed over for the role after rumors floated that he was a top contender. 

Missouri Attorney General Andrew Bailey boasts a biography without the personal baggage that sunk Gaetz's bid. Bailey, a staunchly pro-Trump Republican, is a decorated Army veteran with multiple combat tours in Iraq. In his push to oppose abortion, Bailey has spoken about his family's personal experiences of growing through adoption. 

Bailey, who previously served as Gov. Mike Parson's government lawyer, rose to power after former Attorney General Eric Schmitt won a seat in the U.S. Senate. Bailey won 59.8% of Missouri's votes in the 2024 general election, the highest share of support for any candidate running in Missouri, including Trump. Only Trump and Governor-elect Mike Kehoe racked up more total votes.

Bailey quickly made a name for himself filing a flurry of lawsuits that align with many of the causes highlighted by the incoming president's administration. From his perch in Jefferson City, Bailey inserted himself into high-profile, national political disputes involving Trump's criminal cases, Big Tech censorship, student loan debt forgiveness, and abortion. Bailey's efforts demonstrated his willingness to fight on Trump's behalf, perhaps a sign of deference to carry out Trump's wishes in office. However, his losing record in court could have given the president-elect reason for pause. 

When Trump was on trial in New York, one of his defense attorneys, Will Scharf, was challenging Bailey in the Missouri primary contest. Eager to win Trump's approval, Bailey filed a far-fetched lawsuit alleging the New York court's prosecution and gag order imposed unfair limitations on Missouri voters to hear from a presidential candidate. 

Bailey lost. When he attempted to appeal to the Supreme Court, justices unanimously threw the case out. 

Bailey further curried favor with those within the president-elect's inner circle in March when he filed a lawsuit against Media Matters for America. The left-leaning media watchdog group was ensnared in a public tussle with Elon Musk's social media platform X. Musk accused the nonprofit organization of soliciting "donations to bully advertisers" into pulling out of the website. Bailey's suit, which used Missouri resources to take sides with the world's richest man in a private business matter, was applauded by both Musk and Stephen Miller, Trump's senior advisor.

Bailey also won praise from Robert F. Kennedy Jr. in 2023 when he continued former AG Eric Schmitt's lawsuit against President Biden's White House for pressuring Facebook to censor COVID-19 misinformation. Bailey lost that case when the Supreme Court ruled the White House's actions didn't violate the First Amendment. 

John Sauer, the former Missouri Solicitor General, was removed from the case to make room for Bailey at the Supreme Court. Sauer successfully argued Trump should enjoy immunity for official acts committed as president at the Supreme Court. Trump recently picked Sauer as his Solicitor General.

Bailey's most prolific victories in federal court have come in challenges to President Joe Biden's student loan debt forgiveness -- challenges Bailey inherited from his predecessor. Schmitt and Sauer filed the first challenge to Biden's plan in September of 2022 and secured victories in district and circuit courts before Bailey took office. Bailey effectively copied and pasted many of those same arguments in a second challenge to Biden's plan, which was also successful. 

Some conservative activists in Trump's orbit have argued that an Attorney General may not need a winning record in court to carry out Trump's agenda within the agency. Several signs pointed toward Bailey's willingness to do just that. 

Bailey has repeatedly reinforced arguments made in the controversial conservative manifest Project 2025, including using the Comstock Act of 1873 to prevent the mailing of abortion pills. Current Department of Justice policy does not actively enforce the obscenity provisions in that 19th-century law. Senator and Vice-President-elect J.D. Vance penned a letter to current Attorney General Merrick Garland urging him to rescind the DOJ's rule. A new incoming Attorney General could reverse that policy and effectively ban the most commonly used abortion medication in the nation without going through Congress to pass a new law to the President's desk. 

Bailey also made headlines after he argued in federal court that declining teen pregnancies in Missouri harms the state's ability to grow its population and claim federal funding. A previous lawsuit brought by a group of religious doctors was tossed out by the court for a lack of standing. Bailey has attempted to revive the suit on behalf of the state of Missouri. 

On Thursday, Bailey announced a new lawsuit to block Jackson County's recent attempt to raise the legal age to buy firearms to 21, with exceptions for members of the military or law enforcement. He called it an "illegal attempt to violate Missourians’ right to keep and bear arms." 

Bailey's office recently fought the Department of Justice in court on appeal to overturn a federal court ruling that struck down Missouri's Second Amendment Preservation Act. The Republican-led proposal forbade police from enforcing federal gun laws that didn't have an equivalent state law and threatened to charge law enforcement with fines and penalties. The act was tossed out by an appellate court after justices decided it violated the U.S. Constitution. The Supreme Court declined to take up the matter, leaving the lower court ruling in place. 

Bailey's stances opposing local or federal law enforcement officers from carrying out federal gun laws could raise questions about his designs for the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and may invite further scrutiny from Senators in a confirmation hearing.

Bailey has not responded to requests seeking comment.

The Associated Press contributed to this report.

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