Earlier this week, Federal prosecutors quietly withdrew a subpoena seeking records from former President Donald J. Trump’s 2020 campaign, as part of the investigation into whether his political and fundraising operation committed any crimes.
The office of Special Counsel Jack Smith decided to kill the subpoena to the Trump campaign shortly after the withdrawal of a similar subpoena to political action committee Save America, which was formed by Trump’s aides shortly after his 2020 election challenges were dismissed.
The subpoenas into the two organizations, Donald J. Trump for President Inc. and Save America, suggest that Smith’s office is slowing or potentially ending its months-long investigation into Trump and his political operation. The investigation charges that Trump violated laws by using election fraud claims to raise funds.
For over a year, Smith’s team has been attempting to determine whether Trump and his advisers violated federal wire fraud statutes in their fundraising, following the same path that was started by the House select committee investigating the events of Jan. 6, 2021.
The former president’s team raised nearly $250 million as they claimed repeatedly that the election was “rigged.”
Prosecutors have been investigating Save America and the Trump campaign since at least November of last year, issuing subpoenas and examining thousands of documents. However, when Smith filed an indictment in August, which accused Trump of conspiring to remain in office by subverting the election process, the financial aspect of Smith’s investigation was completely absent.
Trump’s legal team has long claimed that the financial side of Smith’s investigation would not result in charges, crediting the thin line between criminal behavior and solicitations protected by the First Amendment in political fundraising materials.
In the aftermath of the 2020 election, Trump filed numerous legal challenges. Most of these cases were dismissed on procedural grounds, but those that were not were decided in favor of Trump or the Republican Party at large.
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