Foreign agents for dummies: Seven questions and answers on the new indictment of Bob Menendez

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Foreign agents for dummies: Seven questions and answers on the new indictment of Bob Menendez
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What is FARA? How is it enforced? And can a sitting senator ever legally work as a 'foreign agent'?

of an earlier, bribery-focused indictment accuses the New Jersey Democrat, his wife, and a business associate of a conspiracy to have the senator act as a foreign agent in violation of federal law. It’s an extraordinary and perhaps unprecedented allegation: It appears to be the first time a sitting member of Congress has ever been criminally charged with working as an agent of a foreign power.

That bar certainly applies to members of Congress. The new indictment quotes the Senate Ethics Manual, which says “a public official may not act as an agent or attorney for a foreign principal required to register under the Foreign Agents Registration Act of 1938.” The conspiracy charge against the Menendezes and Hana carries a maximum sentence of five years in prison. Other counts in the indictment, like extortion and honest services fraud, allow for up to 20 years in prison.It doesn’t appear that a sitting member has ever faced such a charge, but former Rep. Mark Siljander — a Republican who represented a Michigan district for three terms in the 1980s —for failing to register for his work for the Islamic African Relief Agency well after he left Congress.

The Justice Department has succeeded in getting guilty pleas in some recent cases involving FARA. Trump 2016 campaign chairman Paul Manafort pleaded guilty to a conspiracy charge for failing to register in connection with his efforts to lobby U.S. politicians for Ukrainian interests.

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