Representatives for two elected North Carolina Democratic government lawyers argued on Tuesday before an appeals court deciding whether potential prosecution of Attorney General Josh Stein or others over a 2020 campaign commercial should be blocked further while his lawsuit continues.
In a 2-1 decision in August, the 4th U.S. Circuit Court of Appeals granted a temporary injunction to Stein’s campaign, which was worried a grand jury could soon indict Stein and advisers by attempting to enforce a state law making certain political speech a crime. Lawyers representing Stein and others have said the probe by Wake County District Attorney Lorrin Freeman should be stopped because the 1931 law should be struck down as unconstitutional.
On Tuesday, the same three-judge panel from August meeting in Richmond, Virginia, heard 45 minutes of oral arguments from private attorneys for Stein and Freeman about whether the injunction should be extended while Stein's lawsuit challenging the law is resolved. The judges didn't say when they would rule, but the two judges who voted for the temporary directive three months ago expressed skepticism about the law.
Any criminal action against Stein, a potential 2024 candidate for governor, could harm his political future.
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