Could Hunter Be Prosecuted Under FARA?
FARA, of course, is the Foreign Agents Registration Act, which I wrote about extensively during the heyday of the Russia Hoax. Paul Manafort, famously, did some hard time when he was prosecuted under FARA. I won’t go through all of that again—you can follow this link for a deep dive into the topic. You can get a general understanding of FARA at the DoJ web page on the topic:
The Foreign Agents Registration Act (FARA) was enacted in 1938. FARA requires certain agents of foreign principals who are engaged in political activities or other activities specified under the statute to make periodic public disclosure of their relationship with the foreign principal, as well as activities, receipts and disbursements in support of those activities. Disclosure of the required information facilitates evaluation by the government and the American people of the activities of such persons in light of their function as foreign agents. The FARA Unit of the Counterintelligence and Export Control Section (CES) in the National Security Division (NSD) is responsible for the administration and enforcement of FARA.The Foreign Agents Registration Act (FARA) was enacted in 1938. FARA requires certain agents of foreign principals who are engaged in political activities or other activities specified under the statute to make periodic public disclosure of their relationship with the foreign principal, as well as activities, receipts and disbursements in support of those activities. Disclosure of the required information facilitates evaluation by the government and the American people of the activities of such persons in light of their function as foreign agents. The FARA Unit of the Counterintelligence and Export Control Section (CES) in the National Security Division (NSD) is responsible for the administration and enforcement of FARA.
Law professor Jonathan Turley is the one who has brought up FARA in relation to the new revelations about Hunter Biden’s activities as an unregistered foreign agent and addresses the question: Could Hunter be prosecuted under FARA? Turley has a short answer: Yes.
Turley also has written some tweets and articles. They make interesting general reading in light of the House investigations:
Jonathan Turley
@JonathanTurley
... FARA charges would be the most politically damaging for both President Biden and Merrick Garland. This work as an unregistered foreign agent would be tied to influence peddling with Joe Biden was the subject. It would also highlight the failure to appoint a special counsel.
10:12 AM · Apr 25, 2023
OK. Turley isn’t naive. He’s not holding his breath waiting for FARA charges to be brought, given the obvious double standards that are applied in our “justice system”:
... These emails again raise the question why FARA violations have not been referenced in leaks on possible charges against Hunter. It is hard to distinguish some of these efforts from past charged cases.
Hunter Biden Likely to be Charged Under FARA . . . If the Justice Department Applies the Mueller...
Below is my column in the New York Post on the potential liability of Hunter Biden under the Foreign Agent Registration Act (FARA). I recently testified on FARA reforms and its history of enforceme…
I recently testified on FARA reforms and its history of enforcement.
…
Many legal experts have insisted that any prosecution for tax violations would be uncommon or unwarranted because Hunter Biden belatedly paid taxes after the start of the investigation. However, not only are tax and international transactional violations still possible, there is a looming threat of charges under the Foreign Agents Registration Act (FARA).
This week, I testified in the House Judiciary Committee on enhancements of FARA and was asked whether Hunter Biden could be charged under the act. The answer is clearly yes. Indeed, if the Justice Department applies the standard used in the Paul Manafort case, it would seem like such a charge is not just possible, but even probable.
The similarities of the Manafort and Biden cases are striking. ...
...
While FARA was rarely used for criminal investigations and prosecutions, special counsel Robert Mueller seemed to charge by the gross under the act. He hit a line of Trump associates with such allegations from Manafort to Michael Flynn to George Papadopoulos to Rick Gates. More recently, the Justice Department used FARA to conduct searches on the homes and files of former Trump counsel Rudy Giuliani, Republican counsel Victoria Toensing and others.
In point of fact, the rarity of such prosecutions was a matter of DoJ policy until quite recently—when criminal justice became overtly politicized. This policy of avoiding prosecution in favor of requesting compliance was deeply rooted in the history of FARA.
The recent use of FARA was celebrated by legal experts and media figures. Now, however, Hunter Biden is the target and the evidence against him on FARA may actually be worse than Manafort in some respects.
In Biden’s laptop, there are hundreds of e-mails detailing work with “foreign principals,” which can include not just foreign governments or foreign agencies, but foreign-based companies, nonprofits and individuals, including Americans living in foreign countries. That would covers companies like CEFC, which had close ties to the Chinese government.
Biden does not appear to have done much, if any, conventional legal work for these foreign sources, despite his high fees. Indeed, there is no record Hunter did anything to earn the cool $1 million given to him to “represent” CEFC’s Patrick Ho, who was later convicted and sentenced to three years in prison.
Instead, the record shows Biden advising and facilitating access for foreign clients, including meetings with his father. That includes, like Manafort, dealings with Ukrainian officials and businesses.
There was nothing subtle about the alleged influence-peddling effort of Hunter Biden or his uncle James. In Washington, influence peddling is a virtual cottage industry. However, there was a little sophistication in these e-mails to hide the corruption. The Hunter dealings were more like influence peddling by eBay in terms of the raw pitches and open admissions.
Lastly, Turley suggests by implication that there’s no telling where a wide ranging FARA style investigation—as opposed to a narrowly focused tax investigation—might lead:
Fox is reporting new ties between Blinken and Hunter Biden. The meeting was raised with Hunter's business associates.
Antony Blinken and the ‘Made Men’ of the Biden Administration
Below is my column in The Hill on the recent disclosure that the organizer of the infamous “Russian Disinformation” letter on the Hunter Biden laptop was prompted by then Biden campaign…
… Biden claimed in a presidential debate that the laptop story was “garbage” and part of a “Russian plan.” Biden used the letter to say “nobody believes” that the laptop is real.
…
Of course, the letter was all the media needed. Discussion of the laptop was blocked on social media, and virtually every major media outlet dismissed the story before the election.
That was also all Biden needed to win a close election. The allegations that the Biden family had cashed in millions through influence peddling could have made the difference. It never happened, in part because of Blinken’s work.
Once in power, Blinken was given one of the top Cabinet positions. He was now one of the “made” men of the administration.
What did Blinken know about the Biden Crime Family’s influence peddling operation, and when did he know it? At the time of the campaign? I’d bet on that one—and I’m not a gambler in general. Could all this be part of why Zhou is running again? There are more than a few people who have a real interest in preventing this type of investigation.
Hunter won't be charged because he's a Democrat. You can lie, cheat, sell secrets, violate untold amounts of local, state, and federal law, and you will not be charged or prosecuted, if you are a prominent Democrat.
They will likely charge Hunter with a federal jaywalking charge to make it look like they weren't playing favorites.