America PAC, which launched the controversial sweepstakes last weekend, reportedly received a letter from the agency this week warning that the giveaways could be violating federal law.
While the sweepstakes appeared to be on hold Wednesday, a source familiar with the PAC's efforts told The Hill that the program was never paused and that Wednesday's check was delayed by logistical issues.
America PAC handed out two more $1 million checks on Thursday to individuals in Michigan and Wisconsin.
It has now cut six $1 million checks for winners in states including Pennsylvania and North Carolina — two other key battlegrounds in the race between former President Trump and Vice President Harris.
As American PAC proceeds with the giveaways despite the DOJ warning, the next move is now in the agency's hands.
However, with President Biden still at the helm, the DOJ risks accusations of political maneuvering if it takes additional action against the super PAC.
Its initial warning letter has already provoked such claims.
In a letter to Attorney General Merrick Garland on Thursday, Sen. Tom Cotton (R-Ark.) called on the DOJ head to "retract the department's letter as the ill-considered handiwork of partisan killjoys."
"I'm not convinced that America PAC has run afoul of the law, but I'm very concerned that the Biden-Harris administration has once again single out center-right Americans like Mr. Musk for political retribution while turning a blind eye to liberal-leaning groups engaged in similar behavior," Cotton wrote.
The Arkansas Republican pointed to sweepstakes run by HeadCount, a left-leaning voter registration organization, and former First Lady Michelle Obama's initiative When We All Vote.
"But where are the threats of legal consequences for liberals? Have you sent Michelle Obama an intimidating letter?" Cotton added.
"I think the question answers itself, of course, and demonstrates yet again how you have weaponized the Department of Justice against not only President Trump, but also his supporters."
However, both sweepstakes Cotton cited explicitly note that individuals do not have to register to vote to participate.
America PAC's requirement that participants be registered to vote in one of seven swing states is at the heart of legal concerns with its daily giveaways.
Read more in a full report at TheHill.com.
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