President Biden and former President Donald Trump aren’t breaking any laws when they use donor support to help foot their legal bills, but they risk turning off donors and voters.
A candidate can’t use campaign funds for personal reasons — but the Democratic National Committee, the Republican National Committee and political action committees can contribute dollars toward a candidate’s legal expenses.
“There is nothing illegal about having the funding sources go for legal fees,” said Mississippi College School of Law professor Matthew Steffey. “Usually trouble in this area comes from deceit, not payment.”
“There is something unappealing about using donations to pay for legal bills unless they are specifically solicited for that purpose,” he said. “Donors could legitimately feel duped.”
Mr. Biden used more than $1 million to pay his lawyers for special counsel Robert Hur’s classified documents probe. That money came from the Democratic National Committee.
Meanwhile, Mr. Trump has paid more than $100 million toward his various legal battles.
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About $50 million from the Save America PAC went to Mr. Trump’s legal and accounting services.
Lara Trump, the former president’s daughter-in-law who co-chairs the Republican National Committee, has said donors would back the RNC helping pay Mr. Trump’s legal bills.
“They see the attacks against him. They feel like it’s an attack not just on Donald Trump but on this country,” she said in February. “So yeah I think that is a big interest to people.”
Ms. Trump later said the party wouldn’t be paying those legal bills, though the RNC has a joint fundraising effort with the Save America PAC, which spends significantly on Mr. Trump’s litigation.
Earlier this year, a group of RNC members failed to pass a resolution barring the party from diverting donations to Mr. Trump’s legal bills.
The RNC did not respond to questions about the organization’s current plan regarding Mr. Trump’s growing legal debt.
Robert Cahaly, chief pollster at the Trafalgar Group, said that most Trump voters say they don’t object to their money helping fight the “political prosecution” of Mr. Trump.
“The Trump voters see this as one and the same. Campaign or legal fees are part of the larger fight against the left. They don’t see a line between them,” he said.
Less than 10% of Trump supporters had a problem with it, he said.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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