The federal Foreign Agents Registration Act (FARA) passed in 1938 requires individuals acting as "an agent, representative, employee, or servant … at the order, request, or under the direction or control of a 'foreign principal,'" to register with the U.S. government. Failure to do so is a crime punishable by up to five years in federal prison and a $250,000 fine.
"Foreign principal" is broadly defined, and can include government officials, foreign corporations, political organizations, influential private interests and more. Thus, the FARA has been employed in recent years to shine a light on foreign advocacy and lobbying in the United States. In this case, the presidential son's dealings with Ukraine, China and other nations necessitated his compliance with the FARA's stipulations.
"The recent disclosures of additional foreign contacts has only strengthened what was already a strong case. Indeed, in the last few weeks, the compelling basis for a FARA charge has become unassailable and undeniable," said Jonathan Turley, a law professor at George Washington University. "The influence peddling schemes directly reference the president and [Joe Biden] is repeatedly cited as a possible recipient of funds."
Meanwhile, FARA expert Craig Engle recounted the presidential son's tenure at the board of Ukrainian energy firm Burisma. Hunter introduced Vadym Pozharskyi – one of the company's top executives – to his father, according to emails found in the so-called "laptop from hell." Less than a year after this introduction, the elder Biden – who was already vice president – pressured government officials in Ukraine to fire prosecutor Viktor Shokin, who was investigating Burisma, in March 2016.
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"If Hunter relayed the request for U.S. government assistance [to fire Shokin], then that would be a FARA-registrable event," said Engle, who heads the political law practice at the Washington, D.C.-based firm Arent Fox Schiff. "Given the nature of the client, given the nature of the work, and given his relationship with Joe as demonstrated on his calendar, it makes it likely that FARA is part of an investigation."
Sen. Johnson doubts if Hunter will be held accountable for FARA violations
According to the New York Post, the presidential son's overseas exploits have run the gamut of potential behavior possibly violating FARA. In China, Hunter's work for energy company CEFC and its now-disgraced boss Ye Jianming dovetailed with the company's interest in gaining influence in the United States. Further revelations from the Post in 2020 promoted Sen. Chuck Grassley (R-IA) to send a letter to the Department of Justice (DOJ) demanding a review of possible FARA violations.
Emails from the controversial laptop also revealed that Hunter and Rosemont Seneca Partners (RSP) President Eric Schwerin even discussed their worries over domestic and foreign lobbying rules. The first son and the head of RSP, which Hunter owns, purportedly chose to remain unregistered.
But at least one lawmaker expressed skepticism over the possibility of Hunter being brought to justice for FARA violations.
"Unless the person indicted is a Republican, FARA has historically been a difficult law to prosecute and obtain a conviction for," lamented Sen. Ron Johnson (R-WI). "I have always been suspicious that the criminal investigation of Hunter Biden is another example of the unequal application of justice, with Democrats and their elite allies getting kid glove treatment." (Related: Hunter Biden DEFIES House Oversight Committee subpoena.)
"My concern is that [the] DOJ will indict Hunter on watered-down charges, and then enter into a plea agreement that includes sealing the records on the case. That would be a travesty, because it would deny the American people of knowing the truth and full extent of Biden family corruption."
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