Donald Trump's Campaign Money Could Be Frozen as Part of Probe: Attorney

Donald Trump may have his post-2020 election donation money frozen as Special Counsel Jack Smith continues to scrutinize the former president's fundraising efforts, according to an attorney.

Former FBI general counsel Andrew Weissmann was reacting to reports that Smith's office were still questioning people in connection to the money raised by Trump's Save America political action committee after he lost the last presidential election.

On Monday, Smith's office interviewed Bernard Kerik, a former New York City police commissioner and longtime associate of former Trump lawyer Rudy Giuliani, about the Save America PAC fundraising efforts, reported Politico. The interview arrived amid longrunning suggestions that federal prosecutors have been probing how the money raised by Save America was spent, and if the money was raised under false pretenses.

Speaking to MSNBC on Thursday, Weissmann said that if Trump's fundraising finances do become a part of Smith's federal probe, then it could lead to "pretrial forfeiture" which would result in the money being frozen and unable to be accessed. This could cause a particular problem for the former president, as tens of millions of dollars given to his PAC were reportedly spent on his and other Trump-linked defendants' legal fees this year, Weissmann said.

"There could be other funds that are available, but if they are funds that have been obtained by fraud—obviously the government would have to prove that—you can get pretrial seizure orders," Weissmann said.

"But if this is where they're going, there doesn't have to be a charge against Donald Trump. It can be against the PAC itself. It could be against lower level people and still have both civil and criminal forfeiture," he added.

Trump's office has been contacted for comment via email.

Trump has been charged and pleaded not guilty to four charges in connection to Smith's federal investigation into attempts to overturn the 2020 election and the events which led up to the January 6 attack.

Trump was not charged over allegations of financial crime as part of Smith investigation, but it has long been believed that federal prosecutors have been probing the millions of dollars Trump's team raised in the wake of the 2020 election and looking into allegations the former president defrauded his supporters by asking for money to fight the election results in the courts, despite knowing that Joe Biden won fairly.

Weissmann added that the investigation into Trump's finances could be in the same vein as the case in which the former president's longtime ally Steve Bannon has been charged.

Bannon has pleaded not guilty to several charges over allegations he defrauded thousands of people who had donated to a "We Build the Wall" fundraising campaign to the tune of $15 million.

"The case is very similar to the cases that we saw against Steve Bannon and his cohorts in connection with 'We Build the Wall,' which was basically just a fraud case," Weissman said. "You raised money saying X when you really meant not X."

Frank Figliuzzi, a former assistant director for counterintelligence at the FBI, previously suggested Trump may have to return the money given to his PAC if he was found to have committed fraud.

"Restitution (paying back victims of fraud or money laundering) is a common remedy," Figliuzzi told Newsweek. "For example, the founder of 'We Build the Wall' foundation [Brian Kolfage] was sentenced in his deceiving donors into believing that all their donations would go into building a border wall. His federal sentencing included $25 million in restitution."

Smith's team has requested that Trump's trial begin on January 2, 2024, just before Republicans in Iowa choose who they want to be the GOP's 2024 presidential nominee in the first-in-the-nation caucus on January 15.

Trump, who has long accused Smith's investigation of being politically motivated, hit out at the "deranged" special counsel over his request for when the trial should start.

"Only an out of touch lunatic would ask for such a date, ONE DAY into the New Year, and maximum Election Interference with IOWA," Trump wrote on Truth Social.

"Such a trial, which should never take place due to my First Amendment Rights, and massive BIDEN CORRUPTION, should only happen, if at all, AFTER THE ELECTION," he added. "The same with other Fake Biden Indictments. ELECTION INTERFERENCE!"