Next Monday is a big day for the Foreign Agents Registration Act (#FARA) and foreign influence in the US—on top of what has already been a big year (DOJ has charged a record number of people w/ acting as unregistered agents of foreign govts). /1
First, the Tom Barrack trial begins for acting as an unregistered agent of UAE (in violation of 18 USC 951). It’s only the second trial of a person alleged to be acting as a foreign govt agent to influence people in the US (most other cases involve espionage-like activity). /2
Second, Kaveh Afrasiabi is scheduled to plead guilty to violating FARA for acting as an unregistered agent of Iran. Afrasiabi allegedly lobbied a Congressman, counseled Iranian diplomats, made TV appearances, and authored articles to promote Iran govt policies. /3
Safe to assume DOJ has more foreign agent cases to charge before the year is out. /4
There have been some harsh critiques of DOJ’s staffing of the Mar-a-Lago investigation in response to my thread below. So I want to provide additional color. 1/
Jay Bratt, the Chief of CES, spent extensive time in DC as an AUSA and knows that district well. Julie Edelstein is one of the country’s most experienced espionage prosecutors. So DOJ has put its two best national security attorneys at the helm on this one. 2/
We don’t know if there’s also an experienced AUSA working behind the scenes. What we do know based on the events of the past few weeks is that a US Attorney’s Office is not heavily involved, at this time. 3/
For yet another week, attorneys from Counterintelligence & Export Control Section (CES) led the Mar-a-Lago investigation. While CES’s involvement is expected, the absence of local prosecutors is surprising. 🧵on DOJ staffing and what to look for as the investigation advances. 1/
Within DOJ there are subject matter experts who work directly at the headquarters of DOJ (called Main Justice attorneys) and local prosecutors who work in one of 94 districts across the country each led by a US Attorney (called Assistant US Attorneys (AUSAs)). 2/
Main Justice attorneys only work on cases involving their subject matter, but work on such cases throughout the country. AUSAs handle every criminal case in their district, although they individually often specialize in a particular subject matter. 3/
Lots of questions on how DOJ can use/disclose classified (CL) info in a criminal case, such as Mar-a-Lago (MAL), and whether the judge overseeing Trump’s special master request (Judge Cannon) can see the CL info. 🧵below on the Classified Information Procedures Act (#CIPA). 1/
Judges don’t need a security clearance to review CL info. So if Judge Cannon requests access to any of the CL docs seized at MAL, DOJ would be hard-pressed to deny the request. However, her order should not be read as a request to review CL info at this time. 2/
Juries don’t need a security clearance to review CL documents. This can lead to issues charging mishandling of CL docs, discussed in more detail below. 3/