The Philip DeFranco Show - PDS 6.21 Money, Politics, and Fake News: How the DOJ is Using an Obscure Law to Fight Back…

Episode Date: June 21, 2019

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Sup you beautiful bastards, hope you've been 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 Rogue Rocket That's where we're gonna 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 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 in 1938, Congress was worried about fascist and communist propaganda in the United States. So they enacted the Foreign Agents Registration Act. Now the act wasn't supposed to prohibit political propaganda. Instead, it required people who were engaged in propaganda activities to register with the US 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 US 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 the United States to influence US politics. And today, that is still a major focus of FARA. And 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 votes and US 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 US lawmakers. And overall, since just 2017,

foreign powers have spent more than $900 billion trying to influence US 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 OpenSecrets 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, 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 the 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 a 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 the 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 can be slapped with some fines, up to five 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 40 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 file 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 were 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 that they had intent. But complaints about 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 Russia investigation is over and Mueller said that he's leaving the DOJ, so why the hell would we see this act used more? That is because there is a new head of the FARA unit. His name is Brandon Van Graak, and Van Graak was a former Mueller investigation special prosecutor. And so some people see this hiring as a sign that the FARA unit. His name is Brandon Van Graak, and Van Graak 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 US 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 use more

is because there seems to be another shift in how FARA 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 US intelligence community. In January of 2017, a US 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 report often characterized the United States as a surveillance state and alleged widespread infringements of civil liberties, police 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 is also focused on criticism

of the US economic system, US currency policy, alleged Wall Street greed, and the US 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 the US 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 US financial collapse. And like I said, those are just some of the examples. We'll link to the redacted unclassified report down below.

Also regarding this, the DOJ agreed with the US intelligence community that RT was producing propaganda backed 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 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 US government "'or public on behalf of foreign principles.'" But not everyone has agreed that making RT register was a good thing. Columbia Journalism Review released an article titled

"'Propaganda or or not forcing RT to register "'sets a bad precedent." And in the article they write, "'Allowing any government, especially the current "'US 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 US lawmakers to require Qatar's Al Jazeera to register under FARA. In March of last year, three democratic and 16 Republican congressmen sent a letter to then Attorney General Jeff Sessions

arguing Al Jazeera was a quote, "'Statecontrolled 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, which is 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 US 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 US 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 an 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 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. Right, and I say that noting that that's not just a Trump thing. Also, is this the beginning of a situation where other countries are all of a sudden gonna make US 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 as 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.

But yeah, that's where we're gonna end it this Friday. Thank you so much for watching. If you like this video, I would love it if you took a second to hit that like button. If you're new here, I'd love if you hit that subscribe button. You ring that bell to turn on notifications so you don't miss these daily weekday videos. Which on that note, if you missed either of the last two Philip DeFranco shows, you want to catch up, click or tap right there to watch those. But with that said, of course, as always, my name's Philip DeFranco.

You've just been filled in. I love your faces and I'll see you Monday.