Missouri Gov. Greitens asks court to stop AG from investigating him

Show Caption Hide Caption Hawley says Greitens may have committed another felony In a Tuesday press conference, Attorney General Josh Hawley says Gov. Eric Greitens' allegedly committed computer tampering regarding a list of donors to The Mission Continues, the pro-veterans charity the governor founded.

JEFFERSON CITY, Mo. — Missouri Gov. Eric Greitens wants a court to prevent fellow Republican Attorney General Josh Hawley from investigating him.

The request was made Monday, and a summons to the Missouri Attorney General's Office was issued Wednesday — bookending Hawley's Tuesday announcement that his investigation into Greitens and the charity the governor created had found evidence that Greitens allegedly stole an electronic list of charity donors for campaign purposes.

Greitens is requesting a temporary restraining order to block Hawley's "investigation into Governor Eric Greitens, the Governor's office, or any entities with which Gov. Greitens is or has been associated," according to court documents.

Greitens also wants the Cole County Circuit Court to "appoint a special prosecutor, independent of the Attorney General's Office, for purposes of conducting any such investigation" and claims that "immediate and irreparable injury, loss, or damage will occur in the absence of relief."

In his request, Greitens' attorney cites the subpoena Hawley issued for Greitens; comments by Hawley's campaign that "it would be inappropriate" for Hawley to appear with Greitens at the recent Greene County Lincoln Day event; Hawley's comments to Fox News less than a week later; and Hawley's use of government communications to call for Greitens' resignation after a legislative committee released a report that included allegations of misconduct by Greitens.

Hawley’s official spokeswoman, Mary Compton, called Greitens’ request “frivolous” and said the attorney general’s office would argue against the motion.

“The Attorney General called for the Governor’s resignation because the House Investigative Committee reported substantial evidence of sexual, violent misconduct by the Governor. The investigation into The Mission Continues addresses an entirely separate matter,” Compton said. “The fact that the Governor has been credibly accused of sexual misconduct does not mean he is exempt from investigation into other wrongdoing.”

Greitens has been indicted on a felony invasion-of-privacy charge for allegedly photographing a woman without her consent while she was partially naked. Hawley said he will give his evidence related to the donor list to lawmakers investigating Greitens and to St. Louis Circuit Attorney Kim Gardner, the Democrat prosecuting Greitens' ongoing felony case.

Monday morning, according to court documents, Greitens' legal counsel asked Hawley and two high-ranking lawyers in the attorney general's office whether Hawley intended to recuse himself from any Greitens-related investigation and raised the prospect of legal action if Hawley declined to step aside.

Near the close of business Monday, one of Hawley's top lawyers replied that Greitens' attorney's request "has no merit at all," according to court documents.

Greitens' response was to file the request for a temporary restraining order, arguing that Hawley has compromised his investigatory efforts by calling for Greitens to step down.

"AG Hawley's public statements demonstrate that he can no longer continue to investigate with impartiality," wrote an attorney for Greitens. "Indeed, the entire Attorney General's Office must be recused due to the appearance of impropriety cast when its official website contains a call for its investigative target to 'resign immediately' based on 'certainly impeachable' conduct."

The request argues that Hawley's comments to Fox News indicate that the attorney general knew "such comments would compromise the integrity of his investigation" and that "there is an actual conflict of interest" requiring Hawley's recusal.

"It is in the public's interest for tax dollars to be expended on an unbiased prosecution," Greitens' legal counsel argued, concluding with a stinging shot against Hawley.

"It is very surprising that an elected public official who is a lawyer and a law enforcement official would not respect the presumption of innocence and wait until the case is concluded before leaping to conclusions," Greitens' argument says. "What makes it less surprising is the transparent fact that AG Hawley clearly has a personal interest in the resignation, impeachment, and prosecution of Gov. Greitens."

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