North Carolina primed for showdown over Dem AG’s ability to sue Trump

A North Carolina bill could become the nation’s test case on whether a legislature can prevent a politically-opposed state prosecutor from suing the presidential administration on behalf of the state.

The bill, SB 58, would limit present and future North Carolina attorneys general from participating in litigation seeking to invalidate any executive order issued by the president of the United States.

"The Attorney General shall not, as a party, amicus, or any other participant in an action pending before a state or federal court in another state, advance any argument that would result in the invalidation of any statute enacted by the General Assembly," the bill reads.

"The attorney general shall not… an action that would result in the invalidation of an executive order issued by the President of the United States [or] advance any argument in a pending action that would result in the invalidation of any executive order issued by the president."

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The bill passed on a party-line vote last week in the GOP-controlled state Senate, and appears primed for consideration by the House — which lost its veto-proof majority by one vote last election.

Attorney General Jeff Jackson has already put his name to several suits against the feds since taking office in January.

Jackson, a Democrat and former member of Congress for the western Charlotte suburbs, has to put politics aside in his role and instead represent the state as a whole, his spokesman, Ben Conroy, said Monday in pushing back on the legislation.

"The attorney general’s duty is to be a nonpartisan shield for the people of North Carolina. Nearly 90 federal executive orders have been issued. Attorney General Jackson has filed four federal lawsuits to protect billions in funding for western North Carolina, our public universities, and rural jobs," Conroy said.

"In each case, judges across the country have agreed that the federal government's actions were likely unlawful or unconstitutional. Any legislation that undermines the independence of the Attorney General's Office is bad for our state and its people."

In a WCNC interview earlier this year, Jackson defended joining a multi-state lawsuit against President Donald Trump’s federal funding freeze, saying the funds add up to billions of dollars for North Carolina.

Jackson said some of that money would go toward victims of domestic violence, veterans, law enforcement and "could really impact FEMA and the recovery work they’re doing in Western North Carolina."

The bill’s sponsor, Sen. Tim Moffitt — who hails from Helene-ravaged Hendersonville — previously described it as a "housekeeping" measure and a response to attorneys general writ-large using the courts to determine public policy.

The Senate-approved bill has been sent to the House Rules Committee, chaired by Majority Leader John Bell IV, R-Goldsboro.

Bell did not respond to a request for comment, but a spokesperson for House Speaker Destin Hall, R-Lenoir, said the people of North Carolina voted for Trump three times, and therefore it is clear where they stand on his governance.

"And, it’s disappointing when Democratic officials try and obstruct his agenda," spokesperson Grant Lefelar said.

"North Carolina House Republicans are taking a look at several ways to hold the Attorney General accountable for wasting time on partisan lawsuits instead of working to crack down on violent crime and illegal immigration," Lefelar added.

Trump (AP)

Fox News Digital also reached out to the bill’s other topline sponsors, including Reps. Eddie Settle, R-Elkin, and Bobby Hanig, R-Currituck.

Bill opponent Sen. Graig Meyer, D-Hillsborough, told the Carolina Journal that Jackson’s power should not be curtailed when "he has the opportunity to defend our state for jobs, for funding, for healthcare, for things that our people desperately need."

While Democratic Gov. Josh Stein is expected to veto the bill if it reaches his desk, he also did not respond to a request for comment. If House Republicans can get one Democratic vote, they could override any Stein veto.

Fox News Digital also reached out to House Minority Leader Robert Reives II, D-Pittsboro, for his view on the legislation and whether any Democrats might cross the aisle.

Mitch Kokai, a representative for the North Carolina-centric libertarian-leaning John Locke Foundation, said it is "no surprise" GOP leaders are trying to restrain Jackson from continuing to affix his name to lawsuits against Trump.

"The new law also forces Jackson to defer to the general assembly’s lawyers and legal strategy when legislators decide to take part in a courtroom dispute," he said.

Kokai said an attorney general's core role is defending North Carolina and fighting in-state scams and crime and that there is "no compelling reason" to use taxpayer resources to "cozy up" to other AGs.

"He can build his resume for the next stop in his political career on his own time," he said, as Stein, Democratic predecessor Roy Cooper, and prior Republican Gov. Mike Easley all served as the state’s top lawman before moving into the governor’s mansion.

While in many states the attorney general's office mirrors the state legislative majority, North Carolina is one of a handful of states where the attorney general and governor are both Democrats, but the legislature is held by the GOP.

Arizona and Wisconsin notably have the same governmental setup as North Carolina but do not appear to have forwarded similar legislation as of yet.

Charles Creitz is a reporter for Fox News Digital. 

He joined Fox News in 2013 as a writer and production assistant. 

Charles covers media, politics and culture for Fox News Digital.

Charles is a Pennsylvania native and graduated from Temple University with a B.A. in Broadcast Journalism. Story tips can be sent to This email address is being protected from spambots. You need JavaScript enabled to view it..