- 'Sup, you beautiful bastards?
Hope you've had a fantastic Friday.
Welcome back to the Philip DeFranco show.
And if you're new here on Fridays
we do things a little bit different.
Lately, I've been using Fridays as single story deep dives.
Which, actually on that note, if you have not yet,
I would highly recommend you check out
the top description of this video.
Click the link where it says Subscribe to RogueRocket.
That's where we're going to be posting more and more
news content and coverage as of July 2nd.
But with that said, today we're gonna be
talking about foreign agents.
And more specifically something called
the Foreign Agents Registration Act or FARA.
And the reason we're talking about FARA today
is because the Act is really controversial
for a few reasons.
Some think FARA is a great tool that can help
prevent us from foreign interference in future elections.
But at the same time,
you'll also have people who think that
the Act actually limits who and what
the press are allowed to talk about.
And so to talk about what is happening now,
we actually have to take a look back.
Back at 1938, Congress was worried about fascist
and communist propaganda in the United States.
So they enacted the Foreign Agents Registration Act,
and the Act wasn't supposed to prohibit
political propaganda.
Instead, it required people who were engaged
in propaganda activities to register
with the U.S. government as foreign agents.
And when they registered, these propaganda agents
would also have to disclose which government
or power that they worked for, their activities
with that entity, and their contract terms.
Think of it like a master list, the U.S. created
to keep track of people spreading propaganda
for foreign powers.
But, in 1966 this Act was amended,
and these amendments made FARA
less about propaganda and more about money.
And specifically, how foreign powers were spending
their money in United States to influence U.S. politics.
And today, that's still a major focus of FARA.
In fact, right now, information being collected
thanks to FARA, can give us some pretty detailed
information about how foreign powers use lobbyists
and PR firms to influence American politics.
For example, from FARA filings, we know that on
the days leading up to congressional vote to end
U.S. involvement in the war in Yemen,
"American lawyers paid by the Saudis
"and the United Arab Emirates
"gave more than $200,000 in campaign contributions
"to U.S. lawmakers."
And overall since just 2017, the foreign powers
spent more than $900 billion
trying to influence U.S. policy and opinion.
And the thing is, you can actually find all of this
information on the Department of Justice's website.
Like I'm talking about the DOJ has
a searchable database of most of the documents
foreign agents have filed under FARA.
Also, Open Secrets has a database
that you can look at of FARA information.
I'll include the links to both down below.
Now at this point you may be wondering,
"Okay well, how exactly does FARA work?"
Let's say you work at a lobbying firm
that's funded by a foreign power,
and your company does some sort of political work
for that power in the United States.
Chances are you should probably register as a
foreign agent with a DOJ,
and you'll need to file as an agent
within the first 10 days you work at such a firm.
And when you file, you need to give the DOJ
a copy of your contract with your employer, and fee of $305.
Then once you've registered,
you also have to give the DOJ reports
on what you've done for your foreign client twice a year.
That includes details about all the money you've spent
in the name of your foreign client in the United States,
and anytime you send out promotional materials
to more than one person, on behalf of your foreign clients,
you also have to file a copy of that material with a DOJ.
And you have to do that quickly,
specifically within 48 hours.
Also, all promotional material that you send
on behalf of your foreign client
has to include a disclosure statement.
Which basically tells someone reading this material,
that it's being distributed on behalf of a foreign power.
And visually it's kind of similar to how YouTube
labels videos posted by government-run news agencies.
Right, it's not a label that says,
"Hey everything here is propaganda, BS."
But it is a label that's meant to give you a little pause.
So, what happens if you're like, "Yeah you know what,
the DOJ can shove it, I'm not registering."
Or maybe you just decide to lie when you file,
or you send in your information.
Well, the DOJ can come after you in two ways,
they can file a civil injunction,
or they can pursue criminal charges.
With a civil injunction, a court can basically mandate
that you register or stop your activities.
And when it comes to criminal charges,
if you willfully violate FARA,
whether that's including false statements,
leaving out important facts,
or refusing to register when you should.
You'll be slapped with some fines,
up to fives years in prison, or both.
But, here's where the first part
of this controversy really starts.
Most foreign agents do not seem to take this law seriously.
A 2016 audit, that looked into FARA's enforcement
found that half or more registrants didn't
register as agents on time,
filed supplemental statements late,
and sent in informational materials after 48 hours.
So, why the hell are these foreign agents
filing all this stuff late?
Well, because for a long time, FARA was barely enforced.
In the last forty years,
no one has had to pay a fine for missing those deadlines.
And even if you lie in your FARA filings,
or you don't at all,
civil injunctions and criminal charges are barely used, too.
Excluding this year,
there has only been one civil injunction since the 1980s.
And from 1966 to 2015,
the Justice Department only pursued seven criminal cases.
"But Phil," you may be wondering,
"why hasn't the DOJ been more aggressive,
"going after people who file late, lie,
"or don't register when they should?"
Well, a huge reason is actually manpower,
the 2016 audit found that there are only eight
people in the entire Unit.
And according to that audit,
the Unit spent most of its time just collecting filing fees.
With the Unit also noting in the audit that
there were a limited number of criminal cases,
because they are really hard to prove.
Criminal convictions require a person
to willfully violate FARA.
Meaning in court, not only did you have to prove
that they violated FARA, but they had intent.
But complaints under enforcement might also be changing,
because the FARA Unit has gotten bigger since 2016,
and the DOJ is actually starting to enforce the Act more.
In the last three years,
there have been eight FARA criminal cases.
And a particular note here,
Special Counsel Robert Mueller's investigation
brought five of those cases.
And some were against people you might recognize like,
Michael Flynn, Rick Gates, Paul Manafort.
And if you're thinking at this point,
"Well Phil the Russian investigation is over,
"and Mueller said that he's leaving the DOJ,
"so why the hell do we see this Act used more?"
That is because there is a new head of the FARA Unit,
his name is Brandon Van Grack,
and Van Grack was a former
Mueller investigation special prosecutor.
And so, some people see this hiring as a sign
that the FARA Unit is going to have a greater focus
on investigations and charges moving forward.
Also another reason FARA is being enforced more,
is because the FARA Unit and the FBI
are all on the same page now.
This because the 2016 audit notes that some FBI agents
were actually confusing FARA with another criminal statute.
Section 951 of the U.S. code is called
Agents of Foreign Governments, right?
So it's pretty similar sounding to the
Foreign Agents Registration Act.
But, the big difference between Section 951 and FARA
is that 951 actually deals with espionage-like behavior.
So 951 is more about spies and less about lobbyists,
lawyers, and PR people working legally
in the United States.
Also, another reason that we'll probably see
FARA used more is because there seems to be
another shift in how far it is being used.
Because lately, the DOJ is making a new group of people
register as Foreign Agents, journalists.
But, before we dive a little deeper into that,
let's remember first, that Foreign Agents
are supposed to be two things.
They're supposed to be paid by a foreign power,
and they're supposed to engage in political activities.
Which brings us to the next
point of controversy around FARA,
because some people see FARA as a way to combat fake news
and propaganda funded by a foreign power.
But, at the same, time, other people say using FARA
against journalists limits press freedom.
And to fully understand this,
let's talk about who's had to register
when it comes to the news.
First up, RT, formerly known as Russia Today.
It is a television network that was formed back in 2005.
The network offers talk shows, debates, documentaries,
news bulletins, and even sports news.
And it is also funded by the Russian Government.
Here's how RT describes themselves on their website,
"RT creates news with an edge for viewers
"who want to question more.
"RT covers stories overlooked by the mainstream media,
"provides alternative perspectives on current affairs,
"and acquaints international audiences with a
"Russian viewpoint on major global events."
But despite that bio, RT's credibility as
a news organization has been questioned a lot.
Especially by the U.S. intelligence community.
In January of 2017, a U.S. intelligence community report
on Russian interference in the 2016 election
claimed that RT was part of a Russian-owned
state-run propaganda machine.
With the report listing ways in which the
intelligence community believed that RT conducted
strategic messaging for the Russian Government.
And here are a few examples the report listed.
"RT's reports often characterized the United States as a
"'surveillance state' and allege widespread infringements
"of civil liberties, policy brutality, and drone use."
"RT is a leading media voice opposing Western intervention
"in the Syrian conflict and blaming the West for waging
"'information wars' against the Syrian Government."
And "RT has also focused on criticism of the U.S
"economic system, U.S. currency policy, alleged
"Wall Street greed, and the U.S. national debt."
"Some of RT's hosts have compared the United States to
"Imperial Rome and have predicted that government
"corruption and 'corporate greed' will lead to
"U.S. financial collapse."
And like I said, those are just some of the examples.
We'll lead to the redacted unclassified report
down below.
Also regarding this, the DOJ agreed with the U.S.
intelligence community that RT was producing
propaganda produced by the Russian Government.
Because, after that report was published,
the DOJ told RT that they would have to register
as a foreign agent.
And in November of 2017, RT complied.
And some people thought that this was a really
positive step to stop Russian meddling.
At the time the acting Assistant Attorney General
said, "Americans have a right to know who is acting
"in the United States to influence the U.S. government
"or public on behalf of foreign principals."
But, not everyone has agreed that making RT register
was a good thing.
Columbia journalism review released an article
titled "Propaganda or not,
"forcing RT to register sets a bad precedent."
And in the article they write, "allowing any government,
"especially the current U.S. administration, to determine
"what is journalism and what is not is a terrible idea
"that could have far-reaching consequences."
And some were also concerned that the Trump administration
could really use FARA to limit press freedom of
outlets that provide unfavorable coverage.
Because in the wake of RT's registration,
the executive committee of the Congressional Radio and
Television Correspondence Galleries revoked their
press credentials.
Meaning, RT journalists lost their press credentials
to both the White House and Congress.
And actually, another outcome of RT having to register
has been some retaliation by Russia.
Because Putin actually created his own version of FARA
in November of 2017, and international media outlets
working in Russia now have to
register as foreign agents there.
Also, looking back to the United States since 2017,
RT is no longer alone, Sputnik, which is another Russian
outlet, has had to register,
also two Chinese outlets were ordered to register
last year, and now there's also been a push by
U.S. lawmakers to require Qatar's Al Jazeera
to register under FARA.
In March of last year, three Democratic and 16 Republican
Congressman, sent a letter to then-Attorney General
Jeff Sessions, arguing Al Jazeera was a quote
"state-controlled operation that
should be forced to register."
That letter stating "we find it troubling that the content
"produced by this network often directly undermines
"American interests with favorable coverage of
"U.S. State Department-designated
"Foreign Terrorist Organizations,
"including Hamas, Hezbollah, Palestinian Islamic Jihad,
"and Jabhat al-Nusra, al-Qaeda's branch in Syria."
And Congressman Josh Gottheimer of Connecticut,
who signed that letter, later said in a statement,
"For years, Qatar has used its state-controlled
"propaganda arm, Al Jazeera, to incite violence,
"glorify terrorist killers as 'martyrs,' and broadcast
"hateful, extremist content."
But just like with RT, not everyone agrees that
Al Jazeera should have to register.
PJ Crowley, the former U.S. Assistant Secretary of State
for Public Affairs under Obama, and a former board of
directors member of Al Jazeera America, wrote an
opinion piece for The Hill titled "Al Jazeera has
"its issues, but it's not a foreign agent."
And in that article, he argued that controversial
voices and opinions are just part of covering
the Middle East.
Writing, "the divide between Arabs and Jews,
"Sunnis and Shia, and Muslims and Christians is part of
"the region's political landscape. In the course of its
"reporting, there are voices on Al Jazeera who question
"history, justify violence against innocent civilians,
"and condemn non-believers.
"In other words, people who don't belong to their group
"or believe what they believe.
Welcome to the Middle East."
And when it comes to supporting foreign terrorist
organizations, Crowley says Al Jazeera does not
back Hamas.
But, also noted that they do report on Hamas
because it's a regional reality.
Crowley also wrote that Al Jazeera reports on
the Israeli government, which he says proves
that the news outlet has editorial independence.
And that is because Qatar does not actually
recognize Israel as a country.
Al Jazeera also put out their own statement,
which read, "it is shocking to hear calls being
"made by a number of U.S. lawmakers to register
"Al Jazeera as a foreign agent under the
"Foreign Agent Registration Act.
"Al Jazeera views such calls as a direct attempt
"to curtail media freedom and restrict journalists
"from carrying out their duties, a right enshrined
"in the constitution of the United States of America.
"This call comes at a time when attacks on journalists
"and media organizations around the world are at
"and all-time high.
"Don't shoot the messenger, journalism is not a crime."
And as far as where things stand right now for
Al Jazeera, the DOJ has not forced them to register yet,
but that could of course always change.
And understand, Al Jazeera and RT, they are just two
examples of this larger conversation around
FARA and freedom of the press.
But also obviously this is all happening and
updating at a very interesting time.
We're coming up on another presidential election
here in the States, and there are obviously fears
about Russian interference.
Hell, this past April, FBI director Christopher Wray
gave a speech to the Council on Foreign Relations
where he warned that Russia is continuing to
meddle in our elections.
So it's obviously something that we need to worry about,
but there's also the question if FARA is the answer
to those concerns.
Especially at a time when those in power
use the term fake news for things that aren't fake.
For news that's just negative about them.
And I say that, noting that that's not just a Trump thing.
Also, is the beginning of a situation where other
countries are all of a sudden make U.S. companies and
other international companies have to register
and go on a certain list, provide further information,
possibly fuel suspicion that foreign news
has to be fake,
or is it actually part of the solution
if it's used a precision tool?
And I say, and ask all of that because of course
I wanna pass the question off to you,
what are your thoughts on this?
Any and all I'd love to see from you in those
comments down below.
Yeah, that's where we're gonna end it this Friday.
Thank you so much for watching,
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But, with that said of course, as always,
my name's Philip DeFranco,
you've just been filled in, I love yo' faces
and I'll see you Monday.