JEFFERSON CITY, Mo. — A Cole County judge has permanently denied Governor Eric Greitens’ request for a restraining order against Attorney General Josh Hawley.
In a two-page judgment issued Friday afternoon, Judge Jon Beetem said Greitens “failed to state a claim upon which relief may be granted” and that he “is not entitled to a temporary restraining order.”
The Republican governor filed for an order to restraining Hawley and his office from investigating him, just days before Hawley announces he found criminal violations dealing with The Missions Continues donor list. Greitens was later charged with felony computer tampering in St. Louis Circuit Court.
Greitens argued that Hawley would not be objective in any investigation having already predetermined his guilt.
Following the release of the House investigative report graphically detailing Greitens’ extramarital affair, Hawley asked for the governor to step down citing impeachable offenses in the report. In doing so, Greitens argued, violated Supreme Court rules.
“While a rule violation might warrant disqualification in the context of a specific case, there is no such case pending before this Court,” wrote Beetem. “Nothing in the Rules of Professional Conduct grant this Court the authority to globally enjoin the Attorney General from performing tasks authorized by statute on the grounds that he is violating (Supreme Court) Rule 4.”
“The Court simply finds that Petitioner has failed to establish a likelihood of success on the merits and is not entitled to a temporary restraining order. Because the Court finds that Petitioner has failed to state a claim upon which relief may be granted, the Motion to Dismiss is sustained. Nothing else should be inferred.”
Dismissed with prejudice prevents Greitens from filing the motion again. Read the full judgment here.