Court Ruling Blunts Key Weapon in DOJ Foreign Agent Crackdown
National Law Journal
National Law Journal
Brandon Van Grack spoke to the National Law Journal about U.S. District Judge James Boasberg granting former casino mogul Steve Wynn’s motion to dismiss a lawsuit seeking to compel him to register under the Foreign Agents Registration Act (FARA) over his alleged effort to lobby former President Trump and his administration on behalf of China.
The ruling significantly impedes the Justice Department’s (DOJ) ability to seek civil injunctions compelling individuals to register as foreign agents under FARA, a rarely used authority that the DOJ has recently sought to resurrect as part of a broader effort to step up enforcement, according to attorneys specializing in the foreign agent law.
“If it were allowed to stand, it would be potentially crippling to the FARA unit’s ability to obtain registrations,” Brandon said, though noted that there’s reason to suspect the ruling will be modified on appeal and could even spur legislative action that would enhance enforcement of the law.
He added: “You’re very likely to see the Department of Justice for the first time really strenuously and aggressively seeking reform, focused on addressing this issue, but in a way that would potentially expand FARA enforcement. It’s entirely possible that in the long-term, this decision will lead to reforms that empower, as opposed to impede, the FARA unit.”
Read the full article (subscription required).