SouthernWorldwide.com – President Donald Trump is reportedly shifting the focus of foreign influence laws, previously used against individuals within his own political circle, towards left-wing activist groups. These groups are now facing accusations of receiving financial and logistical support from overseas entities.
The Foreign Agents Registration Act (FARA) and similar legislation, which were historically rarely enforced criminally, have seen increased application by the Department of Justice (DOJ) since 2016. This has affected figures associated with both the Trump administration and the Biden administration. Legal experts suggest that FARA and other foreign influence statutes could now become a significant tool in Trump’s strategy to challenge left-wing activist networks.
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FARA mandates that individuals acting in the United States on behalf of foreign governments or political parties must disclose their affiliations, activities, and funding sources to the Justice Department. Although the law has been in existence for many years, criminal prosecutions under its purview have become more prevalent since 2016. This trend has generated dissatisfaction among conservatives who believe they were unfairly targeted by the DOJ.
Prior to the first Trump administration, FARA prosecutions were notably infrequent. Between 1966 and 2015, only seven criminal cases were brought to court. However, in 2018 alone, the Department of Justice initiated charges against over 20 individuals and organizations for FARA violations.
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During the Trump administration and subsequently the Biden administration, many individuals scrutinized by the DOJ for undisclosed ties to foreign governments were perceived as close allies of Trump.
For instance, Paul Manafort, who served as Trump’s 2016 campaign chairman and is a long-standing Republican consultant, pleaded guilty in 2018 to conspiracy to defraud the United States. This plea was in connection with his activities as an unregistered foreign agent for Ukraine.
Michael Flynn also faced scrutiny for his firm’s work related to Turkish interests. His criminal plea, however, involved making false statements to the FBI regarding his conversations with Russia’s ambassador. Flynn’s business partner was convicted of acting as an undisclosed agent for Turkey, although this conviction was later overturned, and the investigation was dropped by the Justice Department.
It is important to note that conservatives were not the sole targets during the past two administrations.
Under the Biden administration, investigations into foreign influence also encompassed Texas Democrat Rep. Henry Cuellar, New Jersey Democrat Sen. Bob Menendez, and Linda Sun, a former Democratic staffer.
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The pattern of right-wing figures becoming entangled in alleged foreign influence schemes continued into the Biden administration. Investigations into foreign ties were initiated against Rudy Giuliani, prominent GOP donor Stephen Wynn, and Trump associate Tom Barrack.
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Former Attorney General Pam Bondi, upon taking office in 2025, reportedly scaled back FARA enforcement. She narrowed prosecutions to activities resembling traditional espionage, citing concerns about the law’s alleged weaponization under President Joe Biden. This action was characterized as a “reversion to the norm” by Fitton.
NSPM-7, a directive referenced by Spakovsky, was a Trump administration order instructing federal agencies to investigate and disrupt alleged networks involved in domestic terrorism and organized political violence. This directive specifically directed the Department of Justice to examine foreign ties and investigate potential FARA violations. The aim was to scrutinize advocacy groups, nonprofits, donors, and activists linked to alleged political violence.
Some groups, both on the right and the left, have voiced concerns that this directive could potentially infringe upon constitutionally protected speech. For example, the ACLU argued that it could have a chilling effect on free speech, particularly because the document explicitly identifies “anti-Americanism, anti-capitalism and anti-Christianity” as dangers to the United States.
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Spakovsky, however, contended that the directive essentially implements recommendations made by career civil servants during the Obama administration.
“When looking at the directive, another important point on FARA is to go back to a very revealing report issued by DOJ’s Inspector General in 2016 in which it criticized DOJ’s lack of enforcement of FARA, including during the Obama administration,” he stated. “It recommended that DOJ develop a comprehensive enforcement strategy that was integrated with DOJ’s overall national security efforts… This relatively new directive seems to be an effort to do exactly what the DOJ IG recommended ten years ago – implement a comprehensive national security strategy that integrates FARA as a tool.”
While many view FARA as the primary mechanism for addressing foreign influence, some legal experts are skeptical about its sole efficacy, especially when foreign influence is suspected among American activists.
Torchinsky highlighted the recent investigation into Twitch streamer Hasan Piker and Code PINK co-founder Medea Benjamin. This investigation was initiated by the Treasury Department’s Office of Foreign Assets Control (OFAC).
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“If these guys literally are shipping things to Cuba in violation of sanctions, that’s pretty easy,” he explained. “You don’t have to prove any intent… OFAC sanctions are just such an easy crime to prosecute, because it’s like, you did X, I have evidence you did X, and it was prohibited… it’s a really nice sort of cut and dry criminal case.”
According to Torchinsky, attempting to incorporate FARA charges into such cases could introduce unnecessary complications.
Torchinsky, who specializes in government ethics laws, noted that prosecuting FARA violations can be challenging. This is because defendants can sometimes make a credible claim that their actions are protected by the First Amendment. He suggested that other legal avenues might be more appealing to prosecutors aiming to combat foreign political influence.
Heritage Foundation senior legal fellow Zack Smith added that prosecutors face a significant hurdle in proving that individuals accused of FARA violations were aware they were breaking the law at the time of their actions, describing it as “a very high standard.”
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“The IRS has tools that allow them to revoke the nonprofit status of nonprofits that are acting illegally,” Torchinsky elaborated. “There’s a concept in internal revenue law called the illegality doctrine. The idea is that you can’t set up and operate as a nonprofit, something that’s illegal.”
For example, nonprofit organizations accused of providing material support to foreign terrorist organizations could face prosecution by the administration without the Justice Department needing to prove they acted as unregistered foreign agents.
“Criminal statutes like wire fraud, bank fraud, those types of statutes could come into play, particularly if those carrying out these foreign influence operations are receiving cash or payments or some other type of compensation for taking part in these operations,” Smith added.
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Despite these challenges, some view FARA as an essential tool in the fight against foreign influence.
“I look forward to a quiet life outside of politics. With a fire-pit and beehives,” Rep. Anna Paulina Luna, a Republican from Florida, posted to X on Wednesday. “Until then I am going to make it my mission to get the FARA office back up and running. The political divide in this country is a foreign op from multiple countries and it’s sad.”
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Torchinsky pointed out that the presidential national security memo outlined several laws, in addition to FARA, that the administration could utilize to target foreign-backed political agitators.
“You can go after these folks, particularly these entities that are engaged in violence,” he stated. “They’ve got conspiracy against rights, solicitation of a crime or violence, money laundering, funding terrorist acts or facilitating terrorism, arson offenses, RICO, and fraud against the United States.”
“For example, organizing protests and violence at companies that are in the F-35 supply chain, like Palestinian groups are doing, is potentially a solicitation of acts of violence,” Torchinsky further explained.
“Now, I suspect this is the beginning of a larger conversation over FARA, whether it needs to be revised, how it needs to be revised, what this regime will look like going forward to combat foreign influence in the United States,” Smith, the Heritage fellow, concluded. “But fundamentally, there should be broad agreement that foreign influence, particularly foreign influence directed at influencing our elections, our political discourse, is very problematic. Appropriate action should be taken to combat it.”
