Does the Cybertruck gift to Trump violate campaign finance laws? That needs context

On Aug. 5, former president and Republican presidential nominee Donald Trump joined controversial influencer Adin Ross on Kick, a livestreaming platform, for an interview. Trump was reportedly encouraged by his youngest son Barron Trump to go on Ross’ show.

At the end of the hour-and-a-half interview, Ross gifted Trump a gold Rolex Day-Date watch and a custom Tesla Cybertruck. The Cybertruck was wrapped with a photo of Trump taken after the July 13 assassination attempt in Butler, Pennsylvania.

Some people online claimed the gifts from Ross to Trump violate Federal Election Commission laws because they are so expensive. 

THE QUESTION

Does Adin Ross’ gifts to Trump violate campaign finance laws?

THE SOURCES

THE ANSWER

Gifts given to political candidates in excess of $3,300 are a violation of campaign finance laws. The value of Adin Ross' gifts to Trump are well above that limit, but whether the laws apply to the gifts depends on the intent behind the gift-giving, which can be up for interpretation. The Trump campaign said it's seeking guidance from the Federal Elections Commission.

WHAT WE FOUND

A campaign contribution is defined by the Federal Election Commission (FEC) as “anything of value made by any person for the purpose of influencing any election.” Campaign finance laws say candidates can’t accept a personal contribution, including non-monetary gifts, of more than $3,300, but the FEC law is vague about when a gift is given “for the purpose of influencing an election.” 

An FEC advisory committee offers guidance on a case-by-case basis if a contribution given to a candidate is questionable. Karoline Leavitt, a Trump spokeswoman, said in a statement to the New York Times that “our campaign will submit an advisory opinion to the FEC to seek guidance on how to handle the gifts.”

When it comes to the gifts Ross gave to Trump, those greatly exceed the $3,300 donation limit, and if they were considered political contributions, it would be a violation. Kelley Blue Book says Cybertruck pricing starts at $79,990. The watch price varies, but it could cost tens of thousands of dollars.

Brendan Fischer, the deputy director of Documented, an organization that investigates money in politics, told VERIFY the gifts could be considered contributions because they were given to Trump while he was acting in his official capacity as a candidate.

“The fact that Trump appeared on Adin Ross’s livestream in his capacity as a candidate, discussed his candidacy during the interview, and then received a Cybertruck wrapped in his campaign logo are all facts that support the conclusion that these gifts are considered campaign contributions,” Fischer told VERIFY.

Fischer added, “a Rolex and a Cybertruck cost far more than $3,300, which means Ross is giving Trump tens of thousands of dollars in excessive contributions, and Trump’s campaign would violate the law by accepting them.”

Fischer said he thinks “the analysis would be different if a gift came from a close personal friend of the candidate, who had given similar gifts prior to the candidate’s run for office.”

“One way of thinking about it is this: Can it be clearly established that the gift (or other thing of value) would have been provided, in the same amount and on the same terms, even if the person were not running for office?” Fischer told VERIFY.   

Advisory opinions are FEC responses to questions regarding the application of federal campaign finance law to specific factual situations, the FEC says. 

Fischer said once the advisory opinion request is filed, the FEC has 60 days to issue an opinion, or 20 days if the request is filed within 60 days of the election. It is a formal process, where the public will have an opportunity to file comments on the request and any draft opinions, and the FEC will likely hold a hearing on the request, Fischer said. 

The FEC also says there are other ways to remedy an excessive contribution. For example, it could be reattributed to another person. On his Kick channel, Ross said he’s giving the Rolex to Barron Trump. He made the comment in response to another popular streamer saying Ross broke finance laws for giving the gift.

It’s currently unknown what happened to the Cybertruck. 

The FEC told VERIFY in an email it “cannot comment on individual candidates or committees or speculate as to the legality of any actions.”

VERIFY reached out to the Trump campaign and Ross but did not hear back at the time of publication.