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The Lawfare Podcast

Lawfare Daily: The Proposed New FARA Regulations, with DOJ Official Jennifer Gellie

The Lawfare Podcast

The Lawfare Institute

History, Military, International Relations, Government, Constitutional Law, News, International Law, Current Events, Politics, Rule Of Law, Law, Foreign Policy, Diplomacy, National Security, Intelligence, Terrorism

4.76.4K Ratings

🗓️ 14 January 2025

⏱️ 67 minutes

🧾️ Download transcript

Summary

For today’s episode, Jennifer Gellie, the Chief of the Counterintelligence and Export Control Section ("CES") in the National Security Division of the U.S. Department of Justice, sits down with Lawfare Senior Editor and General Counsel Scott R. Anderson and Lawfare Contributing Editor and Morrison Foerster partner Brandon Van Grack to discuss new proposed regulations her office has issued for implementing the Foreign Agents Registration Act ("FARA"). 

They cover how the role of FARA has changed in recent decades, what the new regulations change and leave the same, and what the Justice Department's FARA-related priorities are likely to be in 2025. 

This episode is part of the “The Regulators” series, in which Brandon and Scott sit down with senior U.S. officials working at the front lines of U.S. national security and economic statecraft.

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Transcript

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0:00.0

The following podcast contains advertising.

0:04.4

To access an ad-free version of the Lawfare podcast, become a material supporter of Lawfare

0:10.8

at patreon.com slash lawfare. That's patreon.com slash lawfare.

0:18.2

Also, check out Lawfare's other podcast offerings, Rational Security, Chatter,

0:25.2

Lawfare No Bull, and The Aftermath.

0:31.5

Where are we? A Japanese restaurant? A bike workshop?

0:38.3

A fashion studio.

0:40.3

How about a library?

0:43.3

At the British Library, we help people turn their business ideas into reality

0:48.3

with friendly support and smart advice for everyone for free.

0:52.3

So if you're starting up, start here at the Business and IP

0:56.3

Centre in Libraries nationwide. Search British Library Business to find out more.

1:05.2

For us, it's really irrelevant what the content is. What's relevant is, is there an agency relationship

1:12.4

with someone or something abroad? And are you engaged in conduct that Farah intends for the

1:17.3

American public to know about based on that agency relationship? It's the Lawfare podcast. I'm Lawfare

1:23.6

senior editor Scott R. Anderson with Lawfare contributing editor Brandon Van Grak and Jennifer Jelly, the chief of the counterintelligence and export control section

1:31.1

within the National Security Division of the U.S. Department of Justice.

1:34.7

It really just goes back to the plain language in the statute itself, which says you can be

1:41.6

engaged in political activity as long as you're not serving predominantly a foreign interest.

1:45.8

And that's what all of these factors are aimed at doing is helping individuals who think they might have an obligation

1:51.3

try to figure out. Is what I'm doing predominantly domestic or is it predominantly foreign?

1:56.9

Today, we're discussing the proposed new regulations the Justice Department has rolled out for implementing Farah, the Foreign Agents Registration Act.

...

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