Daily Beast: Donald Trump May Already Be Violating Campaign Laws

In his latest round of will-he-or-won’t-he, Donald Trump on Sunday got closer than ever to indicating he will run for president again, telling Fox Business he’s already made up his mind but can’t reveal his answer because of campaign finance issues.

The thing is, experts told The Daily Beast, in his quest to avoid violating election laws, Trump may have done just that.

Asked on Sunday about a possible 2024 bid, the former president told Fox Business host Maria Bartiromo, “I do know my answer, but I can’t reveal it yet because that has to do with campaign financing.” He added, “We’re going to do very well,” and said CNN and MSNBC “are gonna come out and endorse me” because, he claimed, his candidacy will increase viewership. …

Paul Ryan, vice president of policy and litigation at campaign finance reform group Common Cause, told The Daily Beast that Trump may be keenly concerned about the issue if he has plans to supercharge one of his existing PACs.

“The potential violations will get really serious if Trump uses an unlimited-money vehicle to promote a 2024 run,” Ryan said. “I’m a little surprised he hasn’t done this yet.”

According to the FEC, a candidate must file official reports with the government after he or she decides to run and raises or spends more than $5,000. However, the agency also provides a “testing the waters” exemption. That allows potential candidates to raise and spend money while they weigh their decision, without having to file reports. That exemption, however, comes with an important caveat: that money used in this period is subject to federal campaign finance limits. …

This issue actually comes up frequently. In 2018, the FEC chose not to charge rap-metal artist Kid Rock with breaking election laws during his 2017 “Kid Rock for U.S. Senate” campaign in Michigan, finding the endeavor was “an artistic and commercial undertaking” to promote a new album.

But Ryan, of Common Cause, pointed to a unanimous 2019 FEC decision which found reason to believe Trump’s 2016 opponent, then-Wisconsin Gov. Scott Walker, violated these rules.

“Trump is on notice regarding how the FEC interprets these laws,” he said. “Any Trump violations would arguably be knowing and willful, subjecting him to potential criminal prosecution.”

The grace period ends, according to the FEC, “once an individual begins to campaign or decides to become a candidate.” And on Sunday, Trump said he has decided.

Of course, in true Trump fashion, the former reality TV host didn’t say what his decision was. But Ryan, who has filed several complaints on the issue, told The Daily Beast that suspense and uncertainty are “irrelevant to the law.”

“Once again, Trump has either received bad legal advice or failed to comprehend legal advice,” he said. “Whether or not someone admits their status is irrelevant to the law.” …

And then there’s Trump’s legal considerations. Candidate status could also throw a wrench into Trump’s class-action lawsuit against social media companies, which he announced in a press conference last Wednesday. That’s because the former president’s legal team is coordinating with a fledgling pro-Trump nonprofit called America First Policies Institute, a so-called “dark money” group with a $20 million budget.

Weiner said a Trump candidacy would impose “significant limitations” on the nonprofit’s work.

Ryan was more pointed: “If he’s a candidate, then any collaboration between them on litigation intended to help him in the election is illegal.”