Donald Trump PAC Broke Campaign Finance Laws—Former FEC Attorney

Donald Trump's political action committee may have broken the law while requesting a $60 million refund from a pro-Trump super PAC in order to cover the former president's legal bills, according to one legal expert.

Trump's Save America leadership PAC is reported to have spent around $40 million in legal bills amid the former president's upcoming trials and threats of further indictments, prompting the organization to request money it had previously sent to the Make America Great Again Inc [MAGA Inc] super PAC be returned.

The $60 million exchange of money is listed in federal campaign filings as a refund and is believed to be the largest example of such in the history of federal campaigns.

Read more I was nonbinary. Now I help trans people detransition I was nonbinary. Now I help trans people detransition

Adav Noti, a former lawyer for the Federal Election Commission's litigation division, has now questioned the legality of the movement of donation money, given that Trump's Save American PAC and the pro-Trump Super PAC must act independently of each and not coordinate how to spend their donations. MAGA Inc spokesman Alex Pfeiffer has been contacted for comment via email.

The claims of illegality, which have been denied by Trump's office, could potentially add more peril for the former president. Trump is strongly suspected to soon be charged in Special Counsel Jack Smith's January 6 federal investigation, as well as Fulton County District Attorney Fani Willis' probe into attempts to overturn the 2020 election results in Georgia.

"I don't know that calling it a refund changes the fundamental illegality," Noti, now legal director for the Campaign Legal Center watchdog group, told The New York Times.

"So for the super PAC and the Trump PAC to be sending tens of millions dollars back and forth depending upon who needs the money more strongly suggests unlawful financial coordination."

The MAGA Inc Super PAC, which is not controlled by the former president, can receive unlimited donations, while Trump's Save America PAC has a $5,000 donation limit as per campaign laws.

Noti suggested that moving the money between the two groups may be a way for Save America to skirt that donation limit, with Trump's team seemingly believing that the money is better spent on his legal fees than for campaign ads promoting the presidential candidate, who is already the overwhelming favorite in the 2024 GOP primary.

Jason Torchinsky, a campaign finance expert at the Holtzman Vogel Law Firm, also alleged that Trump may be violating federal election laws by accepting donations that directly cover his legal expenses.

"It is not unprecedented for a campaign committee to pay legal fees," Torchinsky told BBC News.

"But the issue is that Trump is a federal candidate, with a third party to pay his legal bills, that really do amount to a gift to the candidate that exceeds federal contribution limits."

Steven Cheung, a spokesman for the Trump campaign, denied any suggestion of illegality.

"Everything was done in accordance with the law and upon the advice of counsel," Cheung told The Times.

Former U.S. President Donald Trump leaves after speaking to supporters during a political rally while campaigning for the GOP nomination in the 2024 election at Erie Insurance Arena on July 29, 2023 in Erie, Pennsylvania. Trump's PAC is accused of breaking campaign finance laws by requesting a refund from a Super PAC to cover the former president's legal fees. Jeff Swense/Getty Images

"Any disgusting insinuation otherwise, especially by Democrat donors, is nothing more than a feeble attempt to distract from the fact that President Trump is dominating this race—both in the polls and with fund-raising—and is the only candidate who will beat Crooked Joe Biden."

The MAGA Inc Super PAC gave back more than $12 million in four installments in May and June, a period which covers the aftermath of Trump being indicted in New York over falsifying business records allegations, and again in connection to Smith's classified documents investigation.

Federal prosecutors are already investigating Save America PAC's fundraising efforts in the wake of the 2020 election. Trump and his team are alleged to have continued to ask for donations from the former president's supporters to fight the false election fraud claims, despite knowing that Trump had lost to Joe Biden fairly.

Christina Pushaw, rapid response director for DeSantis' 2024 presidential campaign, alleged that "MAGA grandmas were scammed" as a result of the former president's "false promises" regarding the 2020 election results.

"And it wasn't only grandmas," Pushaw tweeted. "I, myself, admit that I was gullible enough in November 2020 that I personally donated to this TRUMP SCAM PAC. It's public record, look it up if you don't believe me. If i fell for it and later saw the light others will too."

In response, Trump spokesperson Cheung told Newsweek that Pushaw and others working for the DeSantis campaign were akin to "desperate idiots and un-American morons."