Foreign Agents, Political Violence, and the Rule of Law: Show Us the Evidence

Foreign influence operations are real. As a former federal prosecutor in the National Security Division of the U.S. Department of Justice, I spent part of my career enforcing the statutes designed to combat them. In this episode, I explain what an agent provocateur is, why Congress enacted multiple overlapping statutes to address foreign influence, and why those laws already provide prosecutors with the tools they need to investigate and prosecute genuine foreign interference.I also explain one of the most misunderstood distinctions in federal national security law: the difference between the Foreign Agents Registration Act (FARA) and 18 U.S.C. § 951. While both address foreign influence, they regulate fundamentally different kinds of conduct, and understanding that distinction is essential to understanding how the United States responds to covert foreign operations.Finally, I discuss the Internet Research Agency investigation as a real-world example of a documented foreign influence campaign. That case demonstrates an important principle: the existence of an influence operation does not necessarily mean it changed the outcome of an election. That distinction matters, because overstating the effectiveness of foreign influence operations without publicly presented evidence risks undermining confidence in democratic institutions—the very outcome many foreign adversaries seek to achieve.In a constitutional republic, allegations are not enough. If the government believes foreign actors are orchestrating political violence inside the United States, it should investigate, indict where appropriate, and present the evidence. The rule of law requires nothing less.If you value careful legal analysis grounded in evidence rather than rhetoric, please consider subscribing to The Rule of Law Brief.At Charles International Law, we routinely take on difficult cases for underserved communities because we believe advancing constitutional values and the rule of law is a public service. That work is rarely the most profitable path for a law firm, but we believe it’s the right one.Your subscription or donation directly supports our ability to represent clients, produce educational content like this, and continue advancing the rule of law through both advocacy and public education. Thank you for helping make that work possible. Get full access to The Rule of Law Brief at natecharles.substack.com/subscribe