Congressman Warns Judge: Trump Prosecution May Set Dangerous Precedent
A Republican member of the House Judiciary Committee has sent a letter to a New York judge, warning that the ongoing prosecution of former President Trump suffers from “fatal flaws” and could set a dangerous precedent for state prosecutors taking federal law into their own hands.
In the letter, Rep. Troy Nehls (R-Texas) argues that the case brought against Trump by Manhattan District Attorney Alvin Bragg is based on the assumption that a federal law violation occurred, but that the federal government has not yet made such a determination. He notes that the FEC is the agency charged with enforcing federal campaign finance laws, and that the agency has not found that Trump violated any such laws.
Nehls also expresses concern about the applicable statute of limitations, the conversion of a misdemeanor into a felony, and difficulties proving an actual intent to commit fraud by the former president.
He urges the judge to consider staying the case and referring it to the FEC for review, arguing that such a move would neither disrupt the state’s authority to try alleged wrongdoers nor the court’s authority to adjudicate questions of New York law.
Nehls warns that if the prosecution is allowed to proceed, it could mean that any individual, including a former president, could be convicted for an underlying federal crime without the FEC or the Justice Department having exercised prosecutorial review.
He adds that this would threaten due process by allowing state prosecutors to enforce federal law without the procedural protections afforded by the federal government.
The judge has yet to rule on the motion to dismiss the charges against Trump. The case is ongoing.
