America First Legal (AFL) has launched a new lawsuit against the New York District Attorney’s Office for not complying with a records request under the New York Freedom of Information Law (FOIL) concerning District Attorney Alvin Bragg’s prosecution of former President Donald Trump. In March 2023, AFL initiated an investigation into the New York County District Attorney’s Office, seeking internal communications and other documents related to the prosecution of the former president.
The legal group cited a statement from Democrat political operative Lanny Davis, who claimed he influenced the investigation in a comment to Politico. “Davis’s claims might be puffery, but they provide an additional reason to believe that the District Attorney’s unusual interest in President Trump has been based on improper partisan considerations from the start,” AFL wrote in a press release.
After Trump’s conviction in a case marred by allegations of political bias and prosecuted by individuals with strong connections to the Democratic Party and the Biden Administration, AFL submitted additional records requests. These included a request for the financial records of Judge Juan Merchan, who oversaw the ‘hush money’ case in which Trump was ultimately convicted on 34 felony counts. Merchan’s daughter is a prominent consultant who has raised millions for left-wing political candidates, including Joe Biden and Kamala Harris.
On June 3, 2024, after several extensions, the District Attorney’s Office granted access to “one single-page record,” AFL announced in the press release. “Additionally, its search identified ’36 responsive records’ to AFL’s request for all emails or other communications ‘mentioning or regarding Donald J. Trump’ with the U.S. Department of Justice (DOJ), but the request was ‘denied on grand jury secrecy grounds,’” the legal group further explained.
“Bragg’s office’s statement appears inconsistent with DOJ’s June 10, 2024, response to Chairman Jim Jordan, stating that DOJ found nothing from its ‘comprehensive search for email communications since January 20, 2021, through the date of the verdict, between any officials in Department leadership, including all political appointees in those offices, and the District Attorney’s office regarding any investigation or prosecution of the former President,'” the statement from AFL continued.
As a result, America First Legal is now pursuing a lawsuit before the Supreme Court of the State of New York to obtain the requested records. The group is seeking all documents related to communications between DA Bragg’s staff and the Biden Administration, including the Department of Justice, the New York Times, the Free and Fair Litigation Group, and Lanny Davis’ law and PR firms. Additionally, AFL is requesting all internal communications within Bragg’s office concerning Merchan or Trump.
“When justice operates in the shadows, abuse is often the intent. America First Legal is at the forefront of getting the facts and informing the American people. There should be nothing to hide. If improper ex parte communications influenced what is supposed to be nonpartisan prosecutorial conduct, all Americans are at risk. America First Legal is suing because it is committed to ensuring our justice system is free from partisan politics,” said America First Legal Vice President Dan Epstein.
Initially, Bragg followed in the footsteps of his predecessor, Cyrus Vance Jr., in deciding not to pursue any charges against Trump for reportedly paying adult film star Stormy Daniels to remain silent during the 2016 campaign about her claim of an affair between them a decade earlier, which Trump denied. The U.S. Southern District of New York also refused to pursue charges, while the Federal Election Commission ruled earlier as well that there were no violations of campaign finance laws.