Rob Kelner was quoted in a Global Investigations Review article about the Justice Department’s prosecution of former New York gubernatorial aide Linda Sun, who is accused of acting as an unregistered agent of China in violation of the Foreign Agents Registration Act (FARA).
Rob noted that the Department of Justice has struggled to secure convictions in recent FARA cases and that another loss could significantly undermine future enforcement efforts.
Rob said, “DOJ has had a series of failures in prosecuting FARA cases, so I would think if they fail again in this case… it may be the final nail in the coffin for FARA prosecutions for quite some time to come.”
Rob added that prior high‑profile failures — including the acquittal of Tom Barrack and the dismissal of charges against Steve Wynn — illustrate the political sensitivities and legal hurdles inherent in FARA trials.
The inherently political nature of FARA cases can often interfere with investigations and can allow both Republicans and Democrats to weaponize the statute to go after their political adversaries, Rob added.
“There’s probably more appeal right now in bringing FARA cases against Democrats, liberals and progressives,” he said, noting that Trump’s 25 September executive order targeting alleged FARA violations by non-governmental organizations and US citizens living abroad appeared to target civil society groups on the left.
But because Sun’s indictment occurred under the previous administration, the DOJ can argue that it’s less politically motivated, Rob said. “In the case of [Sun], it’s especially convenient for the administration because that case was already pending when the president was inaugurated for the second term,” he said.
“It doesn’t strike me as the strongest FARA case in the world, and I would not be surprised if the government fails to obtain a conviction,” he said. “But one can’t really say for sure until you see the evidence put forth at trial.”
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