On January 2, 2025, the Department of Justice published a Notice of Proposed Rulemaking
(“NPRM”) soliciting public comments on potential amendments to the Department’s regulations
regarding the Foreign Agents Registration Act (“FARA”). The regulatory amendments proposed
by the Department are significant, and they would take the statute in a substantially
Brian D. Smith
Brian Smith assists clients with challenging public policy matters that combine legal and political risks and opportunities.
Brian represents companies and individuals facing high-profile and high-risk congressional investigations and hearings, and other criminal, civil, and internal investigations that present legal, political, and public relations risks. He assists companies and executives responding to formal and informal inquiries from Congress and executive branch agencies for documents, information, and testimony. He has extensive experience preparing CEOs and other senior executives to testify before challenging congressional oversight hearings.
Brian develops and executes government relations initiatives for clients seeking actions by Congress and the executive branch. He has led strategic efforts resulting in legislation enacted by Congress and official actions and public engagement at the most senior levels of the U.S. government. He has significant experience in legislative drafting and has prepared multiple bills enacted by Congress and legislation passed in nearly every state legislature.
Prior to joining Covington, Brian served in the White House as Assistant to the Special Counsel to President Clinton. He handled matters related to the White House’s response to investigations, including four independent counsel investigations, a Justice Department task force investigation, two major oversight investigations by the House of Representatives and the Senate, and several other congressional oversight investigations.
Brian is a Professorial Lecturer in Law at the George Washington University Law School.
A Primer for Navigating the Presidential Appointee Vetting and Confirmation Process
Following the decisive election on November 5, the process of selecting and vetting individuals to fill the second Trump administration’s key appointed positions is quickly shifting into high gear. For those tapped for consideration, the decision to enter the process may be one of the most significant decisions of their…
Continue Reading A Primer for Navigating the Presidential Appointee Vetting and Confirmation ProcessDOJ Officials Signal New Trends in Enforcement and Interpretation of the Foreign Agents Registration Act
On December 1, 2023, three top U.S. government officials responsible for enforcing the Foreign Agents Registration Act (“FARA”) gave remarks at the American Conference Institute’s 5th National Forum on FARA. In their remarks, each of the speakers – Deputy Assistant Attorney General Eun Young Choi, the Acting Chief of the…
Continue Reading DOJ Officials Signal New Trends in Enforcement and Interpretation of the Foreign Agents Registration ActCongress Removes Foreign Agents Registration Act (“FARA”)-Related Provisions from Final NDAA
Today, Congress announced the final version of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2024. The NDAA is an annual bill that contains important provisions related to the Department of Defense and international security, among other things. An earlier version of the bill contained two key provisions related…
Continue Reading Congress Removes Foreign Agents Registration Act (“FARA”)-Related Provisions from Final NDAACongress Introduces Retroactive Foreign Agents Registration Act in Response to Wynn Decision
Last week, a bipartisan, bicameral group of legislators introduced the Retroactive Foreign Agents Registration Act (“RFARA”) in the U.S. Congress. Led by Chairman Mike Gallagher (R-Wis.) and Ranking Member Raja Krishnamoorthi (D-Ill.) of the U.S. House Select Committee on the Chinese Communist Party, the bill would amend the Foreign Agents…
Continue Reading Congress Introduces Retroactive Foreign Agents Registration Act in Response to Wynn DecisionDOJ Releases New FARA Advisory Opinions Affecting Digital Media Platforms
The Department of Justice’s FARA Unit released several new advisory opinions in recent weeks that interpret the Foreign Agents Registration Act (“FARA”) and its regulations. While the newly published opinions addressed a number of topics, the FARA Unit’s broad reading of the FARA triggers and the jurisdictional scope of the…
Continue Reading DOJ Releases New FARA Advisory Opinions Affecting Digital Media PlatformsNewly Published “Oversight Plan” Outlines the House’s Investigative Priorities
Late last week, the Committee on Oversight and Accountability published the House of Representative’s “Authorization and Oversight Plans.” The massive 241-page report is required by the House rules, and the Oversight Committee’s report collects the individual oversight plans that each standing committee of the House is required to create at…
Continue Reading Newly Published “Oversight Plan” Outlines the House’s Investigative PrioritiesCovington Releases Updated Version of “FARA: A Guide for the Perplexed”
In 2018, Covington published the original version of its widely read primer on the Foreign Agents Registration Act, “FARA: A Guide for the Perplexed.” We have updated this primer periodically. Today, the firm released the latest edition of the primer, featuring new analysis of recent Department of Justice guidance…
Continue Reading Covington Releases Updated Version of “FARA: A Guide for the Perplexed”Preparing for Investigations by the New House Select Committee on China
The House of Representatives formally established the new “Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party,” with a bipartisan vote of 365-65. The Select Committee, to be chaired by Rep. Mike Gallagher (R-WI), a former military intelligence officer who also serves on the…
Continue Reading Preparing for Investigations by the New House Select Committee on ChinaJanuary 6 Committee Filing Provides Further Support for Parties Asserting Attorney-Client Privilege in Congressional Investigations
Yesterday, the House Select Committee to Investigate the January 6th Attack on the United States Capitol filed a highly consequential brief in ongoing litigation relating to a subpoena seeking documents involving attorney John Eastman’s alleged participation in efforts to thwart Congress’s certification of the results of the 2020 Presidential election. …
Continue Reading January 6 Committee Filing Provides Further Support for Parties Asserting Attorney-Client Privilege in Congressional Investigations