Washington, DC, USA, Dec. 16, 2025 (GLOBE NEWSWIRE) — Highlights Multiple, Fatal Legal Defects and Urges Court to Uphold the Rule of Law The Coolidge Reagan Foundation (“CRF”), a nonprofit dedicated to defending the rule of law, election integrity, and constitutional governance, announced the filing of an amicus brief with the New York Supreme Court Appellate Division, First Department, calling for the full reversal of the conviction obtained by Manhattan District Attorney Alvin Bragg against President Donald J. Trump. “Alvin Bragg ran on the promise to go after President Trump, and he delivered by stretching the law beyond recognition. His theory turns federal law on its head and is a stark reminder exactly why we do not let low-rent political hacks prosecute what they pretend are serious federal crimes,” said Dan Backer of Chalmers, Adams, Backer & Kaufman, counsel for the Coolidge Reagan Foundation and co-author of the brief. “He shoehorned a federal theory into a state courtroom that lacked authority from the start.” The brief, grounded in extensive statutory analysis and decades of unambiguous federal election law, argues the conviction is legally unsustainable on multiple, independent grounds and that the trial itself was predicated on a theory New York had no authority to prosecute. “From the first day of this case, it was clear the prosecution was driven by politics, not law,” said Dan Backer. “Our brief demonstrates that New York attempted to criminalize conduct it has no jurisdiction over, relying on a theory that contradicts federal election law at every turn. The Court now has both the opportunity and the obligation to vacate this unlawful conviction.” The CRF brief identifies three fatal legal defects in the prosecution: New York's Election Statute Does Not Apply to Federal Candidates New York Election Law applies only to elections for state and local public offices. The statute has never been applied to federal offices, and the Presidency is not a “public office” under that law. “Simply put, a statute that does not apply to presidential elections cannot serve as the basis for 34 felony convictions tied to a presidential campaign,” Backer noted. Federal Election Law Fully Preempts States From Regulating Federal Campaign Conduct Even if New York attempted to stretch its laws to reach a federal election, the Federal Election Campaign Act (the FECA) expressly preempts any state law “with respect to election to Federal office.” Congress deliberately and explicitly occupied the entire field of campaign finance regulation for federal candidates. “Our brief goes into incredible detail on the legislative history that makes it unquestioningly clear New York cannot regulate what Congress has placed exclusively under federal jurisdiction,” Backer said. “States may not impose their own criminal theories on federal campaign activity.” The Alleged 'Underlying Federal Crime' Is Not a Crime at All Bragg's central theory asserting President Trump violated the FECA by failing to report as a campaign expense his payments from personal funds – but The FECA flatly prohibits candidates from using campaign funds for personal matters, including paying off blackmailers making salacious and extortionate claims. “It's the ultimate paradox – prosecutors charged President Trump with violating federal election law for the wanton and intentional act of not violating federal election law,” Backer said. “Federal law prohibits using campaign funds for this purpose and would require payment come from personal funds. And that is exactly what occurred. There is no FECA violation to conceal, because none existed.””The Coolidge Reagan Foundation was founded to defend the Constitution and ensure the law is applied fairly, free of politics,” Shaun McCutcheon, Chairman of Coolidge Reagan stated. “These foundational arguments have been largely buried until now, and our Brief gives the Appellate Division a clear, well-supported path to undo a conviction that never should have occurred. In the interest of justice this unprecedented, politically charged conviction must be overturned.” About the Coolidge Reagan Foundation For more than a decade, the Coolidge Reagan Foundation has been America's leading political integrity and campaign finance watchdog. Its 2018 complaint against Hillary Clinton and the Democratic National Committee over the unlawful funding of the Steele Dossier led to a six-figure fine against Clinton–the only fine ever levied against her. The Foundation's 2019 complaint against Bernie Sanders for hiring illegal aliens led to a five-figure fine, and it has fearlessly taken on the political corruption by Reps. Alexandria Ocasio-Cortez, Cori Bush, Jasmine Crockett, Rashida Tlaib, and many others. For a copy of the brief, please click here. For more information, to request a copy of the Brief, of for interviews with a CRF representative, please contact: Dan Rene at 202-329-8357 or dan@danrene.com. Please visit: www.coolidgereagan.org
Communications Director
Dan Rene
Coolidge Reagan Foundation
dan@danrene.com
202-329-8357
