Call & Times

Other countries have always tried to shape our elections

- By BEN FREEMAN

The indictment of Lev Parnas, Igor Fruman, David Correia and Andrey Kukushkin for allegedly breaking campaign finance laws – including running a scheme to funnel foreign money into American elections – was extraordin­ary, given the accused’s ties to the president’s lawyer Rudy Giuliani and to President Donald Trump himself. But in another sense, their actions weren’t at all novel: They were merely the latest exploitati­on of a political system that has always been susceptibl­e to foreign interferen­ce.

Though America was birthed by breaking free from a foreign power, historical­ly it’s done little to prevent outside meddling in its democracy. In fact, the United States went more than 150 years before passing meaningful legislatio­n to regulate foreign influence in its domestic politics. Even then, it happened only because of the influence-seeking actions of one of the most reprehensi­ble men in history: Adolf Hitler. In the 1930s, the Nazis launched a propaganda effort in America, “a classic disinforma­tion campaign full of the ‘fake news’ and other distortion­s a new generation of Americans would again encounter in the 2016 presidenti­al election,”according to historian Bradley Hart. Hitler’s propagandi­sts labeled President Franklin Roosevelt a warmonger, discredite­d newspapers that backed the Allies and secretly supported Nazi sympathize­rs, with the aim of keeping America on the sidelines of World War II. The campaign failed and ultimately led to the passage of the Foreign Agents Registrati­on Act (FARA) in 1938.

At first, FARA was narrowly defined, requiring those spreading propaganda on behalf of a foreign power to register their activities with the government and disclose their clients, activities and contacts. Even after 80 years and multiple amendments, it remains purely a disclosure statute. Critically, the act has never prohibited the disseminat­ion of propaganda. When the intelligen­ce community concluded that a Russian television network, RT, was “the Kremlin’s principal internatio­nal propaganda outlet” and part of Moscow’s effort to interfere in the 2016 election, it wasn’t barred from the airwaves – it was required to register under FARA.

The original FARA statute did not prohibit foreign powers from pouring money into the American political system, a loophole that lobbyists exploited in their work to secure sugar quotas on behalf of foreign government­s in the 1960s. At that time, U.S. sugar imports were regulated by a system that granted certain countries the opportunit­y to provide a specific amount of the commodity to the United States. With U.S.-Cuba relations under increasing strain, President Dwight Eisenhower cut off sugar imports from the nation, which had been one of the largest exporters, and other Caribbean sugar producers spent lavishly on lobbyists to gain Cuba’s quota. Congressio­nal hearings chaired by Sen. William Fulbright revealed that foreign government­s had used these lobbyists to make campaign contributi­ons to key elected officials. The ensuing outrage spurred amendments that, in 1966, explicitly barred agents from making campaign contributi­ons on behalf of foreign powers. For the first time, America had a law to prevent foreign money from entering its politics.

But a critical opening remained: Foreign nationals could still directly contribute to political campaigns. Richard Nixon’s 1972 reelection campaign took full advantage, receiving large foreign donations (including $100,000 in cash from a Mexican businessma­n) that were exposed during the Watergate hearings. The subsequent outcry led to further amendments to the Federal Election Campaign Act that would prohibit foreign citizens from “directly or indirectly”contributi­ng money “or other thing of value” in connection with any election. This explicit prohibitio­n did not end foreign influence, of course: In 1997, The Washington Post reported that a Justice Department investigat­ion found evidence that China had sought to funnel money into the 1996 election, using the Chinese Embassy in Washington to orchestrat­e contributi­ons to the Democratic National Committee and others. This led the Federal Election Commission to fine the DNC, the Clinton-Gore campaign and nearly two dozen other entities for their involvemen­t.

Despite these amendments, FARA still leaves plenty of room for paid agents of foreign powers to direct money into election coffers. These agents sometimes make campaign contributi­ons to members of Congress on the same day they meet with them to discuss their clients. This is perfectly legal, since FARA filings, where agents report these interactio­ns, state that any contributi­ons are “from your own funds and on your own behalf.”

The Supreme Court’s decision in Citizens United opened the floodgates for foreign money to flow into U.S. elections by making it immensely easier to hide the true source of contributi­ons. Before that 2010 ruling, campaign donations could be traced to individual­s, whose nationalit­y was easily determined. After Citizens United, corporatio­ns and unions could contribute directly to federal campaigns. Sometimes, it’s relatively easy to see if a corporatio­n is foreign-owned. In 2016, for example, the Intercept used public records to report that a Chinese-owned corporatio­n made $1.3 million in contributi­ons to a PAC connected to Jeb Bush’s presidenti­al campaign. Other times, though, parties make contributi­ons through shell corporatio­ns whose ownership is deliberate­ly hidden: Parnas, Fruman, Correia and Kukushkin allegedly created a company called Global Energy Producers (which “had no existing business,” according to the indictment) for this purpose.

Citizens United also created another avenue for foreign money to pervade domestic politics: American subsidiari­es of foreign corporatio­ns. U.S. citizens who work for foreign firms were already permitted to make donations, and a foreign business’s U.S. subsidiary could form a political action committee, but that PAC could draw only from the contributi­ons of U.S. workers. Citizens United allowed subsidiari­es to use money from their own treasuries in at least three new ways: for “independen­t expenditur­es” (ads that explicitly call for supporting or opposing a candidate),”electionee­ring communicat­ions” (ads that mention candidates without urging support or opposition) and donations to super PACs.

THE CALL — Sunday, October 20, 2019

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