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The Lawfare Podcast

Lawfare Archive: Foreign Agents and the Barrack Indictment

Sep 29, 2024
Thomas Barrack, former advisor to the Trump campaign, faces a criminal trial for allegedly acting as a foreign agent of the UAE. Natalie Orpett, executive editor of Lawfare, joins to unpack the legal implications surrounding this high-profile case. They delve into the connections between UAE influence and U.S. policy decisions, including cabinet appointments and immigration. The discussion highlights vital legal frameworks like FARA, the dangers of foreign interference, and what Barrack's trial could mean for future national security efforts.
38:31

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Quick takeaways

  • The indictment of Tom Barrack underscores critical legal distinctions between foreign influence and espionage under U.S. law, particularly Section 951.
  • The ongoing focus on foreign agents like Barrack highlights heightened national security measures and the need for transparency in U.S. political relationships.

Deep dives

Understanding Section 951 and Its Implications

Section 951 of the U.S. code addresses the actions of foreign agents in influencing U.S. policy, distinguishing itself from the Foreign Agents Registration Act (FARA). The Department of Justice is utilizing Section 951 to pursue legal action against individuals, such as Tom Barrick, making allegations of acting as an unregistered agent of a foreign government. This statute has a lower burden of proof compared to FARA and is typically associated with cases involving espionage or unauthorized influence. The discussions highlight the importance of distinguishing between lawful diplomatic engagement and illegal foreign influence, with Barrick’s case exemplifying the complexities involved in determining such distinctions.

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