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 Targets
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.
Congressional Investigations and the Rules of the 119th Congress
At the start of each Congress, the House and Senate, along with the various committees in each chamber, adopt internal rules that govern their operations. Though many such rules remain unchanged from one Congress to another, the continued emphasis on congressional investigations across Capitol Hill lends new significance to even…
Continue Reading Congressional Investigations and the Rules of the 119th CongressAttorney General Issues Memorandum Regarding FARA Criminal Enforcement
On her first day in office, Attorney General Pam Bondi issued a significant memorandum to all Department of Justice employees regarding the Department’s criminal enforcement policies, including a notable directive related to the Foreign Agents Registration Act (“FARA”). The memorandum provides that “[r]ecourse to criminal charges under the Foreign Agents…
Continue Reading Attorney General Issues Memorandum Regarding FARA Criminal EnforcementDepartment of Justice Proposes Major Changes to FARA Regulations, Including Sweeping Changes Affecting Multinational Companies
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…
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 Priorities