A member of the House Judiciary Committee has warned the New York State Supreme Court that the case against former President Donald Trump is flawed and could set a dangerous precedent for state prosecutors to enforce federal law.
Rep. Troy Nehls, a Republican from Texas, sent a letter to Acting New York Supreme Court Judge Juan Merchan expressing concerns about the prosecution of Trump by Manhattan District Attorney Alvin Bragg. Nehls argues that the case suffers from "numerous fatal flaws" and impinges on the authority of federal authorities to enforce campaign finance laws.
Nehls emphasizes that the Federal Election Commission (FEC) is the body tasked with enforcing federal campaign laws, not state prosecutors. He notes that the FEC has not found any evidence of a violation by Trump.
The prosecution's charges against Trump stem from allegations that he falsified business records related to campaign contributions. However, Nehls contends that the New York prosecutors are attempting to transform a misdemeanor into a felony by linking it to an alleged violation of state election law.
Nehls warns that this approach sets a dangerous precedent, as it allows state prosecutors to "take federal law into their own hands." He argues that it could lead to individuals being convicted of federal crimes without the proper procedural safeguards provided by the federal government.
Nehls further highlights the risk to the balance of power between federal and state authorities. He asserts that if the New York case proceeds, it could undermine Congress's legislative authority by allowing state prosecutors to enforce federal laws without federal oversight.
Nehls's letter calls on Judge Merchan to consider staying the case and referring the matter to the FEC to determine if a violation of federal campaign finance law occurred. He argues that this step is necessary to ensure due process and the proper exercise of prosecutorial authority.
Nehls also notes that federal prosecutors in the Southern District of New York declined to charge Trump in 2019 over the payments made to Stormy Daniels and Karen McDougal. This decision, he argues, further undermines the basis for the Manhattan DA's current prosecution.
The letter concludes by warning that the case against Trump risks "abrogating the discretion of my committee and the United States Congress as a whole." Nehls urges Merchan to give due consideration to the constitutional implications and the potential for state overreach in this case.
