Former President Donald Trump’s lawyers on Tuesday filed a complaint with the Federal Election Commission arguing that Vice President Kamala Harris cannot legally gain control of nearly $100 million donated to President Joe Biden by changing the name of his campaign committee.
“This is little more than a thinly veiled $91.5 million excessive contribution from one presidential candidate to another, that is, from Joe Biden’s old campaign to Kamala Harris’s new campaign,” Trump general counsel David A. Warrington wrote in a complaint obtained by The Daily Wire. “Contributions by federal candidate committees to other federal candidates are limited to $2,000.”
“Kamala Harris is in the process of committing the largest campaign finance violation in American history and she is using the Commission’s own forms to do it,” the complaint alleges.
Candidates for office must create a campaign committee which includes their name, and file a statement of candidacy designating that committee as their fundraising vehicle. Harris did neither. Instead, on Sunday, the campaign treasurer “amended” Biden’s statement of candidacy to swap his name with Kamala’s, and pointed to Harris for President as her committee, using the same ID as the Biden for President committee. It also filed amended paperwork changing the name of that committee.
“There is no provision in federal campaign finance law for Kamala Harris to take over Joe Biden’s candidacy now by quite literally attempting to become him via an amendment… and making off with all of his cash,” Trump’s lawyers say. “Ms. Harris’ actions constitute a massive excessive contribution from Biden for President to Ms. Harris.”
With few exceptions, a campaign committee can only be linked to one candidate. Harris’s name has appeared on the Biden committee’s forms since 2020, but Trump’s lawyers argue that does not entitle her to the funds. Had Harris dropped off the ticket to challenge Biden for the presidential nomination, they note, she would not have been able to claim half of the campaign’s war chest.
“If the Commission were to deem Joe Biden to have ended his candidacy before transferring his campaign funds to Kamala Harris, then this only creates another violation. Federal candidates are prohibited from keeping contributions for elections in which they do not participate,” the complaint said.
Trump’s lawyers accuse Harris and committee treasurer Keana Spencer, who is in charge of submitting forms to the FEC, of committing “an attempted fraud on the Commission and should be referred to the Department of Justice for investigation and prosecution” as “a conspiracy to obstruct the lawful functions of the United States.”
Spencer also submitted a “miscellaneous document” to the FEC informing the agency that “Vice President Harris is now a candidate for United States President in the 2024 election and will henceforth be conducting campaign activities only in pursuit of that office.”
The FEC is currently chaired by a Republican and is comprised of six commissioners, three from each party. The commission cannot take action unless a majority of commissioners vote to do so.
