The Justice Department struck Senator Bob Menendez (D-NJ) with a superseding indictment that includes a new charge: being an unregistered foreign agent under the Foreign Agents Registration Act (FARA). It is unprecedented for a sitting member of Congress to face criminal charges as a foreign agent.
The Justice Department has frequently used the charge against others, with Hunter Biden being the only exception. The indictment accuses Menendez of acting as a foreign agent for Egypt. His wife, Nadine, and Egyptian American businessman Wael Hana are also charged under the same law. It is alleged that Menendez used his influence to benefit Egypt, and that Hana promised to employ Nadine in a “low-or-no-show job.” Furthermore, the indictment claims that Menendez disclosed nonpublic information about US military aid to Egypt during a dinner with Hana.
The absence of FARA charges against Hunter Biden have been widely criticized. Despite the evidence of his involvement in foreign dealings and direct contacts with federal officials, the Justice Department has yet to apply FARA charges to him. This discrepancy in treatment has raised questions about the department’s consistency in applying the law.
FARA is a broad law that covers anyone acting as an agent of a foreign principal. It includes attempting to influence policies, collecting or disbursing money, and representing the interests of a foreign principal before US government officials or agencies. The definition of a foreign principal encompasses various entities, such as foreign governments, political parties, and individuals or organizations based outside the United States.
The quick application of FARA charges in cases like Manafort and Menendez highlights the Justice Department’s readiness to use the law. However, the decision to spare Hunter Biden from such charges remains unexplained.
Throughout his involvement in influence-peddling, Hunter was aware of the potential for FARA charges. Public acknowledgment of their foreign agent work would expose the Bidens’ massive influence-peddling operation. Hunter even mentioned the need to avoid registering as foreign agents under the Foreign Corrupt Practices Act (FCPA). In his messages, he referred to his uncle, Jim Biden, who has also faced accusations of corrupt influence-peddling tied to Joe Biden.
Many are questioning the Justice Department’s motives for not applying FARA charges against the Bidens. The concern is whether the department is acting in support of the Biden family, rather than impartially enforcing the law.
Jonathan Turley is an attorney and professor at George Washington University Law School.
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