The prosecution of Jason McGuire in New York is more than a local controversy. It’s a warning shot to every American who values free speech, the right to assemble, religious liberty, and the rule of law. 

McGuire, the former chair of the Livingston County Conservative Party and executive director of New York Families Foundation — an organization that mine is proud to be allied with — was sentenced to eight weekends in jail after pleading guilty to minor campaign-finance errors totaling just $1,283.76. 

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That’s right: Not even $1,300.  

He wasn’t found guilty. He took the plea to avoid a quarter-million-dollar legal fight, not because he admitted wrongdoing with criminal intent. Yet New York Attorney General Letitia James used her office to paint him as a thief who diverted more than $16,000 for personal use. 

Let’s be clear: This case was never about money or improper paperwork filings. It was about thought control. The entire prosecution was a tool to gain access to donor lists, sermons, and memberships to expand her lawfare terrorizing organizations that fight for the right to life.  

For more than three years, James’ office harassed McGuire, monitored his nonprofit’s accounts, demanded names of supporters, and subpoenaed religious materials in what resembled a political dragnet. 

This echoes the infamous civil rights-era case of NAACP v. Alabama. In 1958, Alabama officials tried to cripple the NAACP by forcing it to disclose its membership list.  

Because the NAACP pointed out that black people were human, they faced the same wrath then that McGuire and others in our movement endure because we believe people who have yet to be born are human. Racism was excused as a political issue then, as abortion is now. They are not — they are moral issues. 

The U.S. Supreme Court rightly ruled in that case that such compelled disclosure violated the First Amendment and would deter people from associating with causes they believe in.  

The same principle is at stake here: When the government demands donor lists and private communications from religious organizations without compelling justification, it chills speech and punishes belief.  

James knew McGuire didn’t steal anything. If she had proof he had embezzled funds or committed tax fraud, she would have said so. But she didn’t. She simply declared that he paid himself $16,700. So what? That’s what nonprofit CEOs do. Notably, that claim wasn’t even part of the criminal complaint.  

James took it upon herself to smear him in the press for conduct that was not charged in court. That is defamation under the guise of law. She is clearly working outside the scope of her duties as the attorney general. New York taxpayers should not be forced to fund her personal legal vendettas. 

James’s double standard is glaring. While she criminalized minor clerical errors by a Christian conservative, she now faces allegations of potential mortgage fraud. If the law is applied equally, she should be under federal indictment. So should others, such as Sen. Adam Schiff (D-CA), who has been accused of falsifying residency information for campaign filings. Yet none of them face prosecution, let alone eight weekends behind bars. 

This selective prosecution is political. It’s lawfare, and it’s a disgrace. 

McGuire’s sentence was not justice, but retribution. Let’s not pretend it was anything else. It is not common for others in New York to be incarcerated for such a minor infraction. In my home state, the Department of Justice didn’t jail former Michigan Supreme Court Justice Diane Hathaway for paperwork mistakes. They prosecuted her for filling out mortgage applications fraudulently.  

This is the same type of fraud that two of the Democratic Party’s lawfare wing have been accused of. If the reporting is true in the cases of James and Schiff, it is not a paperwork error. It is a significant and powerful act of stealing from those in need. To do this, you are using criminal intent.  

So why does McGuire, who harmed no one, get jail time? 

Because he spoke up in a state where the Democratic political leaders feel their base will disregard their values in favor of being able to keep aborting unborn children from low-income families, and they are wondering why minorities are fleeing that party. 

Today, McGuire is a political prisoner in a state that lets violent criminals roam free but jails a father of four for missing receipts. This is not about Left versus Right. This is about power versus principle. Even bigger, it is about who gets to decide who is a human being and who isn’t. I prefer that it remain in God’s hands as our Constitution says clearly, rather than James’ or even President Donald Trump’s.  

It’s time for leadership across party lines to speak up. If Democrats such as Sen. Cory Booker can explode on the Senate floor demanding justice for cities and police, they should also demand fairness for McGuire so that their GOP counterparts understand their advocacy is honest and principled instead of partisan excuses for lawfare. 

That also means New York Gov. Kathy Hochul should issue a full pardon to McGuire. In addition, governors across the country should convene with the president to examine the breakdown between state prosecutions and federal standards. Lawfare is not justice. 

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Our country is in dangerous territory when legal institutions are weaponized against citizens for their religious or political beliefs. The founders warned against this. History has condemned it. If we don’t stop it now, we may lose more than just a few weekends of liberty. We may lose the republic itself. 

McGuire’s story isn’t just about one person. It’s about all of us. And it’s time to say, “Enough.” 

Craig DeRoche is the CEO of Family Policy Alliance and the former Michigan Speaker of the House.