Menendez Case Signals New Chapter for DOJ on Foreign Agent Law

Menendez Case Signals New Chapter for DOJ on Foreign Agent Law

October 15, 2023, The Hill

Rob Kelner’s commentary was included in an article from The Hill covering charges against U.S. Senator Bob Menendez. Rob analyzed the charges against Menendez and commented on why prosecutors chose to bring an additional charge that he acted as a foreign agent.

Rob said it’s possible prosecutors chose to charge Menendez under an adjacent statute to the Foreign Agents Registration Act (FARA) because the threshold for proving he “willfully” acted as a foreign agent is likely lower than with FARA itself. “That the Department of Justice (DOJ) didn’t originally bring a FARA-linked charge could indicate a disagreement among prosecutors as to whether their evidence met the necessary threshold, resulting in a compromise with the new charge Menendez, his wife and another co-defendant face,” he said.