Washington CNN —
While the House January 6 committee is making its case to the American public that then-President Donald Trump ripped off donors with false fundraising pitches after the 2020 election, prosecutors would face higher hurdles if they were to pursue a criminal fraud case in court.
“Is it a grift? Yeah, it’s a grift. But is a grift always illegal? Not necessarily,” said Paul Pelletier, a former federal prosecutor who previously led the Justice Department’s fraud section.
One state attorney general, New York’s Letitia James, has already said she will investigate the committee’s allegations of fraud and potential misconduct. “The new details revealed tonight related to January 6 are disturbing,” James tweeted hours after the committee’s findings were made public this week. “It’s my duty to investigate allegations of fraud or potential misconduct in New York. This incident is no exception.”
During its hearing on Monday, the committee outlined a startling set of financial figures, alleging Trump had raised $250 million off false claims that the election was stolen. Much of that money was raised through dozens of daily email blasts sent between the election and January 6, 2021, with many donations coming in amounts of $20 or less, the committee said.
Donors were encouraged to contribute to a so-called “Official Election Defense Fund,” which did not exist and was simply a term used for marketing, the committee said. Most of the money ultimately went toward a PAC,...
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