President Donald Trump‘s bold action to root out foreign sources of domestic unrest marks a return to the types of investigations the Department of Justice has long ignored.
In his recent memorandum, “Countering Domestic Terrorism and Organized Political Violence,” Trump pinpointed multinational organizations, nonprofit groups, and American citizens with close ties to foreign governments, agents, citizens, foundations, or influence networks as likely focuses for review. And, as he identified, the Foreign Agents Registration Act is just the tool to do it.
Enacted in the late 1930s, in an era when German and Soviet propaganda were creating chaos in the American political system and leading to violent clashes such as the 1939 Madison Square Garden rally, FARA’s intent was to show who was working to sway public opinion or government officials on behalf of foreign entities and governments. Trump’s directive is squarely in line with this same intent. It creates a National Joint Terrorism Task Force that will, in part, hold accountable those who are promoting domestic unrest at the behest of a foreign government, foreign billionaire, or their scion, all while failing to tell the world about who is paying and for what.
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This comes on the heels of Trump’s encouragement to his administration to investigate the George Soros family. Conservatives have, for decades, looked for transparency from the “Soros network,” collectively one of the single biggest funders of left-wing political and social causes.
As attorneys who specialize in FARA compliance, we know how blunt and effective FARA can be as an investigatory tool because we advise our clients on it every day. Here, it could be an Achilles’ heel in the Soros network — none of its affiliates have ever registered as foreign agents despite their very public affiliation with foreign governments and leaders, and their undeniable influence over Democratic lawmakers and political figures.
As background, FARA regulates efforts to influence government officials or U.S. citizens through disclosure of certain activities undertaken on behalf of foreign actors, such as governments, political parties, nonprofit groups, private citizens, or companies. Agents are required to register and report on their activities and payments, which are all made public in an online, searchable database. Violations of FARA are steep, including civil fines of up to $250,000 and criminal penalties of up to five years imprisonment for willful violations. These severe penalties emphasize how valuable FARA can be to a federal prosecutor.
For the Soros network, consider just one recent example: reporting has pointed to the close relationship between Albanian Prime Minister Edi Rama and Alex Soros, whereas a beneficial sanctions decision directed exclusively at Albania during the Biden administration calls into question whether the Soroses’ vast network influenced U.S. policy on this decision. Indeed, Rama was a guest at Alex Soros’s wedding this summer, along with a number of liberal elites, such as former Vice President Kamala Harris, Senate Minority Leader Chuck Schumer (D-NY), Reps. Hakeem Jeffries (D-NY) and Nancy Pelosi (D-CA), and, of course, the Clintons.
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Even more compelling, FARA enforcement should be a useful tool for Trump’s agenda, given that, unlike other types of bribery or corruption statutes, it does not require any payment from a foreign principal to a foreign agent. “Agency” under FARA can be found without a formal contract and without the need for even a solid handshake. Rather, a tacit understanding tied with an overt action on behalf of a foreign actor can be enough to cross the threshold.
This type of “cocktail party policy” has been the standard method of operation for Democrats for years. Yet, FARA does not distinguish between a conversation over drinks in the Hamptons and a boardroom in a K Street lobbying firm. The law applies to everyone, and given its lack of FARA registration and reporting, the Soros network appears to think that the law does not apply to its influence-peddling. Thanks to Trump’s renewed focus on the true sources of domestic political unrest, the public may soon find out whether it should.
Steve Roberts is a partner and co-chair at Lex Politica.
Nicole Kelly is Senior Counsel at Lex Politica.
