As I noted in my deep dive of the Tom Barrack indictment, he was ****NOT**** charged under FARA.…
One reason I harp on this: as I & others noted, there's no allegation in the indictment that he did this for $$. He may have believed that bc no $$ changed hands (until Colony Capital started getting tons of $$$ from Saudis and Emiratis in 2017). But he'd still need to register.
This distinction may also matter for Rudy (and may matter in the ongoing Bijan Kian case, which is going to be back before EDVA soon).
But the other point is UAE was allegedly choosing to use Barrack in lieu of their own Ambassador, explicitly. They asked him to develop a 100 day plan. He was going to develop policy.

That goes well beyond lobbying.
Another point: I'm seeing a lot of people saying DOJ has a hard time winning "FARA" cases (which this is not).

But even with FARA cases (which this is not) the cases they point to predate DOJ revamping their FARA practice under Brandon van Grack starting in 2018.
So if this were FARA (it's not), DOJ wouldn't have made some bone-headed mistakes they made with Greg Craig, eg, documenting the warning meeting with him, which is key to proving mens rea for continued failure to register.

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More from @emptywheel

22 Jul
Here's my thread from earlier explaining why Andrew Ryan Bennett, who's about to plead guilty to a misdemeanor in Jan 6, is a bit more interesting than other misdemeanor defendants so far.
Bennett is, as many misdemeanor defendants did, pleading to a parading charge.
In Bennett's Statement of Offense, USG says that while Bennett reached out to the Maryland Proud Boys, there's no evidence he succeeded in hooking up with them.… Image
Read 4 tweets
22 Jul
Rashid Al Malik had an interview--according to the Intercept, w/Mueller's teams--on April 5, 2018. This is the one interview released under the @JasonLeopold FOIA. It's almost entirely redacted for ongoing investigation.…
@JasonLeopold Zainab Ahmad did the interview, which makes a lot of sense. But there was also a forensic accountant present, which makes less sense, since the interview would presumably been mostly abt comms.
@JasonLeopold Just two days earlier, Ahmad prepped someone represented by Steptoe and Johnson (as Barrack was) for a Grand Jury appearance. Not sure his name fits the redaction tho.…
Read 7 tweets
22 Jul
Andrew Bennett, who wore a Proud Boys hat to insurrection, will pled guilty today, to a misdemeanor. But he's not just any misdemeanor plea. That's because videos he took likely serve as key evidence against others.…
Bennett was first IDed the day of the riot, by 9PM, based off some livestream he did on Facebook. Image
A discovery letter in his case reveals that the FBI obtained that video via an emergency warrant, and then obtained a second Facebook warrant. This was ... highly unusual among the Jan 6 defendants.… ImageImage
Read 8 tweets
21 Jul
I wrote last night about how Ethan Nordean decided to stop his--and his co-conspirators' Speedy Trial clock--with an offer to put down $1M bail for release.…
As part of his proposal, Nordean proposed living in a home that would alert him when PTSOs would come to check on him even while leaving the Master Bedroom window unwatched.

Gosh. I wonder if Proud Boys are capable of climbing through a window?
Btw, these are Ring cameras.

Alexa, find me a Proud Boy...
Read 8 tweets
21 Jul
This @theintercept article strongly suggests that Barrack investigation arose out of the Mueller investigation.…
@theintercept It also provides a possible name for the person described as Emirati Official 4 in the indictment: Ali al-Shamsi, who's a spook who delivers messages for MbZ and his brother, who is described as EO 2 in the indictment.
@theintercept We know from the @BuzzFeed FOIA that in April 2018, when they interviewed Al Malik, Mueller was looking closely at PsyGroup, they interviewed Avi Berkowitz, Jared, and spent a shit-ton of time with Rick Gates.…
Read 5 tweets
21 Jul
In Thomas Robertson bond hearing, Elizabeth Aloi declines to cross Robertson's son Hunter, and advises him to hire a lawyer. The government thinks his testimony is different enough from what he told the FBI that he has exposed himself to 1001.
Lawyer for cop Thomas Robertson now says that bc he didn't understand that under the law his silencers counted as weapons, they shouldn't count against him.

Remember: he bought 37 weapons while out on bail.
Lawyer says he taught most of officers in DC on explosives devices, so had to be moved to central VA.
Read 14 tweets

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