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Top DC law firm Covington and Burling just released its "FARA Guide for the Perplexed." Sounds dull. IT AIN'T. Come see...

1. Note that this is NOT under the category of "old statutes nobody cares about but "WHITE COLLAR DEFENSE!"

2. @JustAGirl515 can we please have an evil-laughing Lisa Kudrow gif?

80 years ago, we established this to scare off Chekist and Nazi propagandists. There have only been seven prosecutions.

THAT IS CHANGING. PEOPLE ARE SCRAMBLING.

Mueller's recent charges against Manafort and Gates are the most important examples - BUT THE SEA CHANGED STARTED A FEW YEARS BACK.

(I think the USG saw this coming!)

OBAMA'S DOJ SET OFF THE ALARM TO TOUGHEN FARA in SEPT 2016 - OR BEFORE

AT THE NAT SEC DIVISION OF DOJ (EDVA, Dana Boente!)

So why care about FARA? They've only done, like, seven cases.

YEAH, WELL THAT'S CHANGING *and* here is how many people could be implicated in a FARA case: lots.

DEAR BE'ELZEBUB BELOW - THIS IS HOW BROAD THEY COULD BE PROSECUTING:

If you were anywhere connected with a foreign operation of influence. AND THEY WILL HAVE BROAD AUTHORITY FOR NOVEL CASES LORD JESUS

Let me spell this out: Did you help set up some people working for a Ukrainian-Oligarchs-Is-Cool Op?

Did you, I dunno, try to make Trump-Russia look like conspiracy theory to help Russian agents?

This might be bad for you! #FARAFucked

Jeebus. Basically, DOJ/Mueller have the broad authority to ask you to register and then TURN OVER ALL INFORMATIONAL MATERIALS YOU DISTRIBUTED IN THE US.

FARA: You'll be telling us all about your influence op. In. Detail.

Under FARA and it's next-gen enforcement you may have to register not just if you work for "The Government of Moldova" but ANY individual, organization, company or other framework that engaged you on behalf of some other country's interests.

EG NOTE: How many jobs are going to be open and FBI-Counterintel and DOJ?

How many more attorneys is the USG going to hire? Where will they live? The rent here is nuts! Anyhow.

This is amazing. The US Government has CLEARLY seized the size and scope of the infiltration, corruption, and breadth of influence ops, and now if you're part of ANY of that - paid or not - you will be asked to register retroactively. AND TURN OVER YOUR DISTRIBUTED INFO.

Shorter: Oh, think DOJ is bullshitting? Hahahahaaa. No. Times changed.

For example, like when we let Henry Kissinger skate back in 1989 and said you actually had to be *directly* involved in politics. Well. Guess what. That will change.

MWAHAHAHA: No *de minimus* threshold = Dude, under FARA, if they want to charge you, they can. Up to them. It's broad.

And think you have to be working for Ukraine in Iowa for this to count? Nope. Bahamas or Belgium or Ukraine counts too.

Jeez, why aren't there bajillions of FARA registrations after THE BULLSHIT OF THE LAST 20 YEARS?

Good question! Let's talk exceptions!

First, there's the "commercial exception," which is like, "Wait, I work for Toyota on an ad campaign. I'm not really a Japanese agent, right?"

Sure. And about that.

Forecast: They'll call this the ROSNEFT Precedent or something - "Yeah, well, that all changes if working for a foreign business is really a thin veil for their national, political interests."

Looking at you, China and Russia.

And also, to be fair, any country that relies on monopolistic models of capitalism could fall under this new approach to FARA. French telecom, Dutch oil, Brazilian mining - and other countries could say the say of the US Tech and Media sectors!

A bit of space for China, for now: We've made exceptions for state-owned enterprises that show independence irrespective of capital structure.

For now. And it makes us, frankly, a little itchy.

Lobbying Disclosure Act: For a while, we let you slide as long as you were a "registered" lobbyist doing "some" foreign work.

Yeah. About that.

The Podesta-Manafort Lobbyist Rule: If your "lobbying client" IS PUTIN'S UKRAINIAN PARTY OF REGIONS, um, yeah, LDA is not enough. You're in FARA territory, suckers. Now turn over what info you spread, and for whom.

In fact, this LDA thing is so opaque, some in Congress want to get rid of it.

You work for foreign governments spreading policy ideas in the US and abroad? You're an agent. Register.

EG NOTE: Holy moley, the US Government is going to rewire BILLIONS of dollars and tens- to hundreds of thousands of professionals in DC and around the world.

This is truly tectonic for how Globalization has worked.

And it sounds overdue and *very* positive.

The Lawyer's Exemption: "But that's just our attorney!"

"Great! Are you supporting a foreign government's interests? Now your attorney can register!"

The Academic Exemption: "But we're just researchers."

Yup. And we haven't wanted to quash that freedom. Nor do we. But...something here makes DOJ itchy. Watch this space.

OK, so what does this mean practically?

Is someone trying to get you to set meetings with US Government officials? Ask who benefits, and what they want. Total FARA territory.

Is someone asking you to lobby or do strategic communications on an issue a nation-state has an interest in? Like, are you doing PR for "How unfair it is some *cough*Russia*cough* countries can't get fracking equipment?"

That's FARA territory.

EG NOTE: How will the USG know what the latest national priorities are in foreign governments? Jeez, they better be hiring at CIA to understand all of that.

Also: Did you meet with Sergey Kislyak? Come on, don't be an idiot.

Also: Do you foreign clients want a "favor" contacting US Government officials? Don't be an idiot. That's FARA.

TO CONCLUDE: WE ARE CLEANING HOUSE OF FOREIGN SPIES AND THEIR ENABLERS.

And this broad little statute everyone said didn't matter? It's the framework on which we will build a legal way to reinforce national security in the information/influence space.

BLUF: If someone paid you or pushed you to write, film, lobby, or arrange meetings in the past several years and you think there might be a foreign interest behind it?

You might need to register with FARA. And turn over all your stuff.

Whoa.
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