Commissioner Trey Trainor must recuse from the Federal Election Commission’s (FEC) consideration of America First Legal’s recent complaint against Manhattan District Attorney Alvin Bragg and Biden for President (now, Harris for President) for alleged violations of the Federal Election Campaign Act, according to a letter sent today to Trainor by Citizens for Responsibility and Ethics in Washington. Trainor’s demonstrated support for former president Donald Trump’s candidacy and bias against the respondents has disqualified him from participating in this matter and other matters involving Trump’s campaign committee.

For more than a year, Commissioner Trainor has engaged in advocacy against the respondents and vocal support for Trump through commentary on social media, and in congressional and other public appearances. Trainor’s activity on the platform X (formerly known as Twitter), in particular, provides ample evidence in the form of likes, reposts and posts, of his support for Trump and disapproval of his political opponents, including the Biden-Harris campaign. Trainor’s social media activity is also characterized by attempts to discredit those pursuing legal actions to hold Trump accountable, such as DABragg.

DA Bragg served as the prosecutor in the case where a jury found Trump guilty of 34 counts of falsifying business records under New York State law. Since the conviction, DA Bragg has endured attacks on his credibility from Trump supporters and allies, including Trainor, claiming the prosecution was politically-motivated. Trainor’s attempts to discredit DA Bragg’s prosecution include his misleading and possibly erroneous testimony before the House Judiciary Committee and public appearances made following his testimony where he voiced conspiracy theories that the DOJ colluded with the Manhattan District Attorney’s office to prosecute Trump. Trainor’s publicly voiced support for Trump’s campaign and disfavor of the Biden-Harris campaign, as well as his attempts to discredit DA Bragg and others seeking to hold Trump accountable, raise significant  concerns of political bias. 

Although the FEC has not established its own standards for recusal, general principles of law and the Standards of Ethical Conduct for Employees of the Executive Branch disqualify Trainor from participation in Commission matters related to Trump and his campaign. Additionally, Commissioner Trainor’s continued bias shows that he lacks the “integrity, impartiality, and good judgment” required by FEC rules to ensure respondents receive due process when the Commission considers and votes on this matter.

Based on Commissioner Trainor’s commentary on television, social media and before Congress, he does not have the capacity to determine the merits of America First Legal’s complaint against DA Bragg and the Biden-Harris campaign without bias. Therefore, he must recuse himself from this matter.

Read the letter here.

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