Iowa Attorney General Brenna Bird leads multistate brief opposing Trump gag order

Iowa Attorney General Brenna Bird co-led a charge with 17 other states challenging a judge's gag order on former President Donald Trump in his federal election fraud case.

U.S. District Judge Tanya S. Chutkan last month imposed an order barring Trump from targeting special prosecutor Jack Smith, his staff or any witnesses or court employees involved in the case. Trump's lawyers appealed the decision, and it has temporarily been halted by an appeals court. The court will hear oral arguments next week.

In a court brief led by Bird and West Virginia Attorney General Patrick Morrisey, the 18 Republican attorneys general argue the gag order is a violation of Trump's First Amendment right to free speech. Bird, a Republican, has endorsed Trump for the 2024 GOP presidential nomination.

"All Americans have the right to free speech, including presidential candidates like President Donald Trump,” Bird said. “... Unconstitutionally restricting a political candidate’s free speech while they run for office is a dangerous precedent and a disservice to American voters."

The brief argues the restriction on Trump speaking on the case is "too vague and too broad."

The state attorneys general argued the order was not narrowly tailored to prevent interference in the case, extending too broadly to any statements that target any "reasonably foreseeable witness or the substance of their testimony." They also take issue with the language of the order, saying the word "target" is too vague.

"The district court must give President Trump clarity as to what, precisely, is prohibited or else it fails to give the fair warning the Constitution requires," the brief says.

Federal prosecutors argued Tuesday the gag order should remain in place. They said the fairness of the trial is threatened by Trump's history of targeting adversaries with "inflammatory and disparaging language," along with the potential for harassment and threats by his followers.

Iowa AG asks for more power over immigration laws

Bird also signed onto a letter with 25 other state attorneys general asking House Speaker Mike Johnson to pass legislation allowing states to carry out border enforcement duties.

In the letter led by Florida Attorney General Ashley Moody, the officials point to rising rates of unlawful immigration at the southern border.

The letter accuses Democratic President Joe Biden and Homeland Security Secretary Alexander Mayorkas of being "complicit" in the rising border crossings, accusing them of ignoring federal laws.

The attorneys general urged Congress to pass the Immigration Enforcement Partnership Act, which would allow state officials to carry out federal immigration enforcement duties.

Under the proposed bill, state attorneys general could provide a written request for certain actions from the Homeland Security if they determine the agency is not fulfilling its duties — including the arrest, detention and deportation of undocumented immigrants. If the agency does not comply with the request, the attorney general could take civil action to enforce the actions.

"Our southern border has become an open door for drug cartels and terrorists," Bird said in a statement. "We cannot afford to wait for Biden to do his job. This bill gives states the tools we need protect Iowans and uphold the rule of law.”

Gazette-Lee Des Moines Bureau