A key supporter of Donald Trump exposed by The Daily Telegraph set out "a scheme to launder foreign money" in a "clear violation" of US legislation, one of the country's most senior experts on election law said yesterday (Tuesday).
Lawrence Noble, who was general counsel at the US Federal Election Commission for 13 years, said Jesse Benton was clearly "soliciting foreign national money" from a fictitious Chinese donor in a breach of the Federal Election Campaign Act.
Mr Noble, now general counsel at the Campaign Legal Centre, an advocacy group, reviewed recordings of discussions with Mr Benton, who said he was acting as a "consultant" to the Great America PAC, which is organising television ads and grassroots support for the Republican nominee.
Mr Benton was put in touch with an undercover reporter by Eric Beach, the PAC's co-chairman, who knew that the reporter represented a Chinese potential donor. The PAC has distanced itself from Mr Benton and denied wrongdoing, but Mr Noble added: "Because Eric Beach is involved in this it is very hard to see how they can say that the PAC is not involved."
Yesterday The Daily Telegraph disclosed how Mr Benton set out a plan to channel $2?million (pounds 1.6?million) from the donor into the effort to elect Mr Trump, despite laws prohibiting donations from foreigners. "The scheme here is a scheme to launder foreign money to a super-PAC which is illegal," Mr Noble said. "And it is very clear that the intention was that the money be given to help the Trump super-PAC. It was agreed several times that the money would help the Trump super-PAC."
In an initial telephone call with the reporter, Mr Beach appeared interested despite raising concerns about nationality and saying he would need to know the donor's identity.
He suggested the donation could be put through a social welfare organisation called a 501(c)(4) - or C4 - but said "any path we recommend is legal".
The reporter then received an email from Mr Benton, who was a senior figure at the PAC until May. He said he was a "consultant" and Mr Beach had not wanted a "paper trail" of contact. Mr Benton proposed channelling the donation through his own company.
Mr Benton has denied any "unethical" behaviour. He claimed he spoke to the reporters after a "business referral" from Mr Beach and had planned a "public affairs contract" with them.
Dan Backer, counsel to the PAC, said Mr Beach had made a "professional referral" and "Mr Benton has not solicited any contributions to the PAC that I am aware of, nor has he been asked to do so." He said Mr Benton had engaged in "puffery and self-promotion".