Tom Firestone recently blogged on how the recent prosecutions of Senator Robert Menendez and Representative Henry Cuellar under a previously never used statute, 18 USC 219, raise serious Constitutional issues. 18 USC 219 makes it a crime for members of Congress (and other government officials) to engage in activity that requires registration under the Foreign Agents Registration Act (“FARA”). But members of Congress are not permitted to register under FARA. What’s more, FARA is extremely broad and covers acting at the “request” of a foreign principal. And 219 does not require evidence of corruption or improper intent. So, does a member of Congress commit a federal crime by supporting a foreign aid bill at the urging of a foreign leader? Tom offers insight on this complicated issue – check out his full blog on Bribery Matters: Are the Menendez and Cuellar FARA Charges Unconstitutional? (briberymatters.com)
