**All of the italicized text is written by Erica Orden from CNN News**
After being under investigation by federal prosecutors for more than two years, Rudy Giuliani got a glimpse late last month of the possible charge authorities are eyeing for him: a breach of foreign lobbying laws connected to his work in Ukraine.
The potential crime, detailed on search warrants that federal agents executed on his Manhattan home and office, has often been dismissed by critics as a paperwork violation.
But legal experts say that particularly in Giuliani’s case, a charge under the Foreign Agents Registration Act, or FARA, which requires that individuals disclose with the Department of Justice lobbying activities on behalf of foreign governments or officials, should be regarded as a serious infraction, one with geopolitical implications.
In this introductory segment, Orden is relaying the importance of prosecuting Rudy Guiliani for his alleged breach of foreign lobbying laws related to his work or connections in Ukraine. By revisiting previous attempts at prosecution — such as search warrants on his residence and office — and noting how critics often dismissed these allegations as violative, Orden paints a sense of urgency for this case. Furthermore, Orden sheds light on FARA, an act which requires that individuals disclose with the Department of Justice when lobbying on behalf of foreign government officials. According to CNN, Giuliani’s failure to do so could cause serious geopolitical damages.
Prosecutors are examining whether Giuliani may have been lobbying for Ukrainian officials when he sought the ouster of the then-US Ambassador, Marie Yovanovitch, and urged Ukraine to investigate Trump’s political rival, then-Democratic presidential candidate Joe Biden and his son Hunter, while pursuing those outcomes as Trump’s attorney.
Giuliani has not been charged with a crime. He has said his activities in Ukraine were done in his capacity as Trump’s lawyer and that he “never represented a Ukrainian national or official before the United States government.”
And while prosecutors appear to have enough evidence to have obtained search warrants, FARA investigations sometimes don’t result in charges.
“There has historically been reluctance [to bring such cases] because it is sometimes a challenging charge,” said Ryan Fayhee, a former national security prosecutor.
In this section, Orden outlines the details of Giuliani’s potential crimes as Trump’s personal attorney, including his push for an ouster of the current President Joe Biden, his son hunter, and then-US Ambassador Marie Yovanovitch. Although both countries have been conducting investigations regarding this, Giuliani has not been charged with a crime, as the author feels he should be. The author is not for the use of FARA in the case of Rudy Giuliani, as the resulting punishment does not usually involve charges, as they are challenging to punish. Through this passage, Orden subtly hints that Giuliani likely breached FARA without outright stating it.
Though FARA cases had been rare in recent decades, the Justice Department made a significant push to prioritize them in the past few years.
In 2017, former Trump national security adviser Michael Flynn pleaded guilty to lying to the FBI about conversations with Russia’s ambassador and admitted to making false statements in foreign lobbying filings about his work for Turkey. (Trump subsequently pardoned Flynn.)
In 2018, both former Trump adviser Rick Gates and former Trump campaign chairman Paul Manafort pleaded guilty to conspiracy charges in connection to FARA violations (Trump subsequently pardoned Manafort).
And in March 2019, the DOJ decided to accelerate its pursuit of foreign influence operations, in part by appointing a prosecutor who worked on special counsel Robert Mueller’s team to lead a revamped unit intended to crack down on unregistered foreign agents.
In this section, Orden implies that the Trump Administration used FARA to cover up misdemeanors in their governance. Orden outlines two instances of this; the case of Micheal Flynn lying to the FBI about conversations with Russia and Turkey in regards to lobbying, and the case of Rick Gates and Paul Manafort pleading guilty for conspiracy charges in connection to other FARA violations. Orden points out that almost all perpetrators were pardoned by President Trump. Orden also touches on the acceleration of the case on the DOJ’s part, appointing a prosecutor who worked on Robert Mueller’s team in regards to the infamous Russia investigation to lead an investigation in analyzing unregistered foreign agents. Through this fact, Orden is indirectly comparing the two investigations, recognizing the national implications of the Russiagate investigation. The author is heavily pushing for a more severe punishment in the case of Rudy Giuliani, almost overexerting the case for a FARA.
FARA prosecutions haven’t always worked in the government’s favor, however.
In 2019, for instance, former Barack Obama White House counsel Greg Craig was indicted and charged with two crimes: making false statements to the FARA unit and concealing material information in connection with work he performed for Ukraine.
During the investigative phase, Craig’s case had bounced between several prosecutors’ offices, including the Manhattan US Attorney’s office, where prosecutors declined to bring charges, determining that they didn’t have sufficient evidence.
After Craig was charged months later by the US Attorney’s office in Washington, DC, the case fell apart. First, prior to the trial, a judge threw out the false statement charge against Craig. Then, he was acquitted at trial.
In this final section, the author is dismissing the possibility of a FARA. To do this, Orden cites the incident of Greg Craig, a former counsel during the Obama administration. Craig was indicted and charged with two crimes, making false statements to the FARA unit and lying about information in regards to his work in Ukraine. Craig’s case was then passed around between several prosecutors until being acquitted of all crimes. Orden is deeply troubled by the prospect that Giuliani could face the same fate. Launching a FARA investigation is almost akin to nothing in the author’s eyes. The author, and CNN, has a heavy liberal bias, which is widely known. However, the main focus of many CNN articles is either a superhero narrative or the stress of accountability. In this article, we saw the latter. According to the author, and I concur, the former administration has been in the spotlight from beginning to end, constantly violating and breaking the very fabric of this country. Giuliani’s case is no different, and Orden urges that it must be dealt with in the maximum legal capacity.
Written by: Preeti Kulkarni