There is no "presale" in the Ethereum code.
Edit: the context of this is the question of whether Ethereum is a security. The SEC has already ruled that it is, and the ruling came down to the fact that it had a presale (via the Howey test).
Some argue otherwise. That will need to be determined in the courts or congress, not by a regulatory bully.
The SEC was set up by congress, the Securities Act of 1933 and the Securities Exchange Act of 1934 and several others [1]. The Howey test was made by the courts and at least finalized by the supreme court [2].
[1] https://www.sec.gov/about/about-securities-laws
[2] https://caselaw.findlaw.com/us-supreme-court/328/293.html
You argued that "courts or congress" should determine whether Ethereum meets the bar for being a security. My links point out that the the courts and congress has already put a process in place, as you seem to be requesting in your your comment:
> That will need to be determined in the courts or congress...
It sounds like you have additional complaints/issues about the SEC outside of those you put in your comment. My reply was not to address SEC as a whole, only that the "courts or congress" are the wellspring for the procedures and processes currently in place like you seemed to request.