In the 2024 election cycle, super PACs spent a reported $2.7 billion at the federal level, up from roughly $1.4 billion in 2022. And in 2025, super PACs poured tens of millions into state and local races, including the New Jersey gubernatorial race and the New York City mayoral
Continue Reading Forming and Operating Super PACs: A Practical Guide for Political Consultants in 2026Practical Advice for Nonprofits and Donors After the Presidential Memorandum on “Countering Domestic Terrorism and Organized Political Violence” and Reported IRS Enforcement Changes
By Robert Kelner, Peter Koski, Brian D. Smith, Susan Leahy, Kaitlyn Demers, Andrew Garrahan & William Sokolove on
Posted in Enforcement
- On September 25, 2025, President Trump issued National Security Presidential Memorandum/NSPM-7, Countering Domestic Terrorism and Organized Political Violence. The memorandum
Handling Investigations of Members of Congress and Congressional Staff: A How-To Guide for Chiefs of Staff
It may begin with an unusual media inquiry or a sudden spike in interest on social media. Just as often, it starts with a non-public request for documents or other evidence. Your boss or your staff have been accused of wrongdoing, and it falls to you to lead the response.…
Continue Reading Handling Investigations of Members of Congress and Congressional Staff: A How-To Guide for Chiefs of StaffDOJ Posts (then Takes Down) Seventeen New Advisory Opinions Regarding the Foreign Agents Registration Act
By Robert Kelner, Brian D. Smith & Alex Langton on
Posted in Foreign Agents Registration Act
Following an announcement in September that the White House intends to deploy the Foreign Agents Registration Act (“FARA”) to investigate persons with foreign ties that “foment political violence,” the FARA Unit of the Department of Justice (“DOJ”) quietly (and maybe inadvertently) published and then unpublished 17 new advisory opinions regarding…
Continue Reading DOJ Posts (then Takes Down) Seventeen New Advisory Opinions Regarding the Foreign Agents Registration ActTax Exemption and Constitutional Vagueness – What Freedom Path Means for 501(c)(4) Organizations
By Susan Leahy & Pooja Shah Kothari on
Posted in Tax
The recent decision in Freedom Path, Inc. v. Internal Revenue Service addressed whether the IRS’s standards used to deny Freedom Path’s tax exemption as a 501(c)(4) organization were unconstitutionally vague. The United States District Court for the District of Columbia partially agreed with Freedom Path, acknowledging that the relevant guidance…
Continue Reading Tax Exemption and Constitutional Vagueness – What Freedom Path Means for 501(c)(4) OrganizationsCongressional Ethics Investigations: An Overview of Processes, Challenges, and Implications for Private Actors
Posted in Congressional Investigations
Following a string of high-profile investigations targeting Members of Congress on both sides of the aisle, congressional ethics investigations are more visible than ever. Indeed, as we recently explored, the House Ethics Committee in particular may be moving toward a more active and transparent enforcement posture, with its…
Continue Reading Congressional Ethics Investigations: An Overview of Processes, Challenges, and Implications for Private ActorsDOJ Withdraws Dozens of Regulatory Actions, Keeps FARA NRPM
By Brian D. Smith, Zachary G. Parks & Alex Langton on
Posted in Foreign Agents Registration Act
The U.S. Department of Justice (“DOJ” or the “Department”) announced that, effective September 11, 2025, it is withdrawing several dozen Notices of Proposed Rulemaking (“NPRMs”), Advance Notices of Proposed Rulemaking, and Supplemental Notices of Proposed Rulemaking. The Department explained that it is “withdrawing these actions as part of the Federal…
Continue Reading DOJ Withdraws Dozens of Regulatory Actions, Keeps FARA NRPMFederal Court Dismisses Pre-Enforcement Challenge to HELP Committee Subpoena, Underscoring Limited Options for Congressional Subpoena Targets
By Robert Kelner, Brian D. Smith, Perrin Cooke & Darcy Slayton on
Posted in Congressional Investigations
On September 16, 2025, Judge Trevor McFadden of the U.S. District Court for the District of Columbia dismissed Dr. Ralph de la Torre’s effort to bar criminal or civil enforcement of the Senate’s resolutions holding him in civil and criminal contempt of Congress. In bringing his pre-enforcement challenge, Dr. de…
Continue Reading Federal Court Dismisses Pre-Enforcement Challenge to HELP Committee Subpoena, Underscoring Limited Options for Congressional Subpoena TargetsAdministration Targets Lobbying by Federal Grantees with New Presidential Memorandum
Posted in Enforcement
Federal contractors, grantees, borrowers, and others receiving federal funds face a variety of restrictions on their use of those funds for political purposes, including for lobbying. A new presidential memorandum issued last week by President Trump highlights one of those restrictions, 31 U.S.C. § 1352, also known as the…
Continue Reading Administration Targets Lobbying by Federal Grantees with New Presidential MemorandumCorporate Political Disclosure Shareholder Proposals Draw Surprising Support
Posted in Corporate Political Spending Disclosure
Shareholder proposals on political issues—particularly lobbying spending disclosure and campaign finance issues—have been a common part of the proxy landscape for some time now. This proxy season, proposals seeking greater transparency around corporate political spending had surprising success compared to the past. This alert highlights that, especially given this development…
Continue Reading Corporate Political Disclosure Shareholder Proposals Draw Surprising Support