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WASHINGTON, D.C.—Today, Congressman Troy E. Nehls (R-TX-22), a member of the House Judiciary Committee, sent a letter to Judge Juan Merchan urging him to issue a stay in Manhattan District Attorney Alvin Bragg’s case against President Donald J. Trump and refer it to the Federal Election Commission (FEC) under the “primary jurisdiction doctrine.”
President Trump faces 34 felony counts of falsifying business records for allegedly disguising “hush money payments” issued to Stormy Daniels, an adult film star. Prosecutors allege that Trump’s former attorney, Michael Cohen, paid $130,000 to Daniels in exchange for her silence about an alleged affair. They claim Trump reimbursed Cohen through 12 monthly payments from the Trump Organization logged as checks for ongoing legal services instead of repayments for the hush money.
Mr. Bragg's prosecution alleges these payments were unlawful federal political contributions. However, enforcement of federal campaign laws is designated to the FEC and the U.S. Department of Justice (DOJ), not state prosecutors like Mr. Bragg.
The letter cites the United States Supreme Court's “primary jurisdiction doctrine,” which states that courts should defer cases involving issues within the special competence of federal agencies. In this instance, Congressman Nehls argues that federal campaign finance violations fall under the FEC's purview.
“If the former President of the United States can be subject to criminal penalties when state prosecutors take federal law into their own hands, then all Americans are at risk,” said Congressman Nehls. He added that allowing a Manhattan jury to decide on matters typically enforced by Congress-authorized agencies undermines congressional authority.
Nehls’ letter further contends that prosecutorial overreach is evident in Bragg’s case and underscores concerns about state courts invading federal authority.
The full text of Nehls' letter includes detailed arguments regarding constitutional separation of powers and procedural safeguards required for adjudicating such cases under federal law.