Former President Donald Trump's sprawling network of ostensibly independent political groups raising money for him, much of it in service of paying legal expenses, seems to walk right up to the line of breaking the law, former prosecutor Kristy Greenberg told MSNBC's Alex Wagner — and may in fact cross it.
"Kristy, how is this legal?" asked Wagner. "How can he keep saying this one thing and doing another?"
"Well, I think the big question here will be looking behind all of this as to who is coordinating it," said Greenberg. "If Donald Trump is coordinating between his campaign and these PACs that are supposed to be third parties and independent — the Save America PAC is independent, even though he directs it, independent third-party — if there is sufficient coordination, you could prove that, then maybe you would have something to say these expenditures are not purely personal, these are really campaign contributions. And therefore they should be subject to the limits of $5,000 that campaign contributions are subject to."
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What it looks like, Greenberg went on, is that Trump and his allies are "just trying to do an end-run around these various regulations, and it seems so transparent."
"[Special counsel] Jack Smith ... had served some subpoenas in connection with that nonexistent, as it turns out, election defense fund," Greenberg said. "He served some subpoenas and then he withdrew them and it was unclear why, because that seemed like such a clear-cut fraud. I questioned why that happened. Perhaps it was optics. Perhaps he thought like he had such strong cases, the January 6 case and the national security case, that he didn't want to seem as though he was trying to drain Trump of the ability to legally defend against those cases. Hard to say. But I questioned it at that time because that seemed like such a clear wire fraud case that it seemed like it should be looked into, but maybe they just had limited resources and didn't like the optics of it."
"But I agree with you, this raises a lot of questions," she added. "Someone, somewhere, even if not the special counsel's office, because they are pretty busy — some prosecutors should be looking into this."
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