On Thursday, FEC Commissioner Trey Trainor slammed the Biden Department of Justice for its refusal to intervene in the prosecution of former President Donald Trump by Manhattan District Attorney Alvin Bragg during testimony in Congress. The case saw Trump convicted on 34 counts of falsifying business records concerning a payment made to Stormy Daniels, causing backlash over the jurisdictional boundaries of federal and state campaign finance laws.

Trainor argued that the Federal Election Campaign Act (FECA) provides the cornerstone for regulating election finances, assigning enforcement responsibilities solely to the FEC and the DOJ to ensure uniform application across the United States.

“District Attorney Alvin Bragg's decision to pursue charges against former President Trump for alleged violations of federal campaign finance laws marks a significant deviation from this established legal framework. By doing so, Bragg has effectively usurped the jurisdiction that this Congress has explicitly reserved for federal authorities. This overreach sets a troubling precedent for the politicization of legal proceedings at the state level,” Trainor explained.

“Imagine 50 states enacting the crime of campaigning by unlawful means and a thousand different state and local prosecutors prosecuting presidents, former presidents, presidential candidates, and any number of House and Senate candidates under varying interpretations of FECA,” he said.

The FEC Commissioner also expressed disappointment over the DOJ's lack of action, noting the department's established policy to prevent legal proceedings from influencing elections. “Had the DOJ zealously represented the United States by intervening to protect its own jurisdiction and that of the FEC, this issue might not be the predominant one of the 2024 presidential cycle,” Trainor stated.

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A disclosure on May 31st in un-redacted FEC documents revealed that the DOJ conducted a year-long investigation into Trump and found no criminal acts, which Trainor used to further point out the questionable nature of Bragg's prosecution. “Again, the implications for allowing local district attorneys to prosecute based on their interpretations of federal campaign finance law are profound. Such actions risk eroding the uniformity and predictability that FECA aims to provide,” he warned.

Concluding his testimony, Trainor called for a reaffirmation of the exclusive authority of the FEC and DOJ in enforcing federal campaign finance laws, stressing the importance of maintaining the integrity of the electoral system. “The dangerous precedent of local prosecutorial overreach in matters of federal concern must be addressed to maintain the integrity of our electoral system,” he concluded.

Somewhat paradoxically, the indictments against Trump have bolstered his political standing. His allies have criticized the legal actions as evidence of a biased, two-tiered justice system. They argue for using the criminal justice system tools to counter-prosecute Trump's legal challengers and a broad spectrum of Democrats.

On Wednesday, America First Legal filed a Federal Election Commission complaint that accused Manhattan DA Bragg and Biden's campaign committee of collusion in order to influence the 2024 presidential election, alleging illegal contributions that exceed legal limits. The group’s complaint asserts that Bragg’s prosecution of Trump amounts to an expenditure made in coordination with Biden’s campaign, thereby constituting an in-kind contribution. Under FECA regulations, such contributions must be disclosed and are subject to strict limits. AFL contends that the Biden campaign’s failure to report the alleged contribution breaches FEC regulations.

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