Louisiana Attorney General Liz Murrill gets a reprieve from the state Supreme Court less than 24 hours after an Orleans Parish grand jury indicted her on 16 criminal counts.
The Supreme Court issued a stay in the indictment early Friday morning, setting aside for now the eight counts of malfeasance in office and eight counts of intimidation and retaliation on which Murrill was charged.
"We have long recognized that the exercise of this authority is warranted when 'the issues presented (are) of an extraordinary nature, time-sensitive, and of such significant public interest that the court’s plenary, supervisory jurisdiction should be exercised,'" the two-and-a-half page per curiam order states. "In this case the Attorney General makes a compelling argument concerning the disturbing defects in the grand jury proceedings and in the trial court’s handling of those proceedings. This indictment appears to turn the law on its head and flows from what appear to be extraordinary procedural defects and improprieties."
The court says those improprieties include the Orleans Parish Criminal District Court's failure to hold the grand jury returns in open court and the detainment of journalists who were covering the proceedings. In addition, the court noted a conflict of interest between special prosecutor Laurie White and the Attorney General's Office. According to the order, Murrill's office is defending White in a sexual harrassment suit.
Furthermore, the court said that Murrill's contention that she was simply doing her job likely will be enough for her to win the case.
"The Attorney General raises significant constitutional and legal issues with the potential application of La. R.S. 14:122 to this situation," the order stated. "She argues that she was merely performing her constitutional duty to defend the state’s law and that her legal interpretation of that law was correct. She also contends that this particular criminal statute requires violence, force, extortionate threats, or true threats as defined by La.C.Cr.P. art. 14:122, which requires that those threats be unlawful or include a threat of bodily harm or death.
"While the record before this Court is undeveloped, there is considerable support for the view that the Attorney General is likely to succeed on the merits of a motion to quash this indictment on either a legal basis or due to apparent procedural irregularities. She obviously also suffers irreparable harm by allowing this matter to proceed without these important issues being addressed."
One justice, John Michael Guidry, dissented.
In a statement, Murrill called the indictment a "political witch hunt" and said she feared that it could be a "harbinger of things to come."
“I’m grateful to the Louisiana Supreme Court for swiftly issuing a stay in this matter," Murrill said. The constitution and laws of Louisiana impose a wide swath of duties on the Attorney General. I will continue to carry out those duties to the best of my ability. This matter is not over. I will still need to file the necessary motions to seek a dismissal, which will be forthcoming. I want to thank the many friends and supporters who have expressed their support and encouragement.
