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@FACTDC Calls Upon AG To Investigate Sidney Blumenthal

  • brendawebber
  • Apr 3, 2015
  • 3 min read

April 3, 2015

The Honorable Eric H. Holder, Jr.

Attorney General of the United States

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530-0001

Re: Request for Investigation into Reported FARA Violation by Sidney Blumenthal

Dear Mr. Attorney General:

We write to request that the Attorney General’s office initiate an investigation into Sidney Blumenthal’s apparent failure to comply with the Foreign Agents Registration Act (FARA). According to recent media reports, Mr. Blumenthal lobbied then-Secretary of State Hillary Clinton on behalf of a foreign political group without registering as required by FARA. This type of behavior is directly contrary to the requirements and purpose of FARA. Moreover, the Attorney General’s office is solely responsible for the enforcement of FARA, and should immediately investigate this reported violation.

According to news reports, Mr. Blumenthal frequently emailed Secretary Clinton about international events while she was serving as Secretary of State. Alex Griswold, Clinton Advisor Accused of Illegally Lobbying for Putin Ally, The Daily Caller, Mar. 30, 2015 (attached as Exhibit A) (citing Sam Biddle, Did Clinton’s Backdoor Adviser Illegally Lobby for Putin Ally?, Gawker, Mar. 30, 2015 [hereinafter Illegally Lobby] (attached as Exhibit B)). One of those emails is particularly troubling, in which Mr. Blumenthal lobbied Secretary Clinton on behalf of a political party in the country of Georgia. Biddle, Illegally Lobby. In a communication dated September 3, 2012, Mr. Blumenthal relayed a message from John Kornblum, who was working with a political group in Georgia named Georgia Dream. Id. Not only did Blumenthal indicate a change in the administration’s position would be helpful politically, but he included a memo from Mr. Kornblum and a letter to Secretary Clinton from the Georgian Dream leader.

The news reports above identified behavior that appears to be contrary to FARA. Under FARA, any person who acts as an agent of a foreign principal must register with the Attorney General. 22 U.S.C. § 611. In determining who is required to register under the act, the terms are broadly defined to require registration. For instance, the term “agent of a foreign principal” includes any person who acts in any capacity at the request of a person indirectly directed by a foreign principal. Id. The term “foreign principal” includes “a person outside of the United States,” as well as a foreign political party. Id.

Unfortunately, based upon the correspondence identified above it appears Mr. Blumenthal should have registered with the Attorney General. The importance of this violation is shown in the purpose of the Act. As the Justice Department explains, “FARA is a disclosure statute . . . Disclosure of the required information facilitates evaluation by the government and the American people of the statements and activities of such persons in light of their function as foreign agents.” Department of Justice, FARA, http://www.fara.gov/.

Mr. Blumenthal’s email lobbied to change the administration’s foreign policy. FARA is designed to provide the American citizens with information, without which the public is prevented from making informed decisions about government action and holding public official accountable. Additionally, the Attorney General’s office is solely responsible for the administration and enforcement of FARA. 22 U.S.C. Subchapter II; 28 C.F.R. § 5.1. We therefore respectfully request the Attorney General’s office immediately investigate and take appropriate action.

Respectfully submitted,

Matthew G. Whitaker

Executive Director, Foundation for Accountability & Civic Trust

Enclosure

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The Foundation for Accountability & Civic Trust (FACT) is a nonprofit 501(c)(3) organization dedicated to promoting accountability, ethics, and transparency in government and civic arenas by hanging a lantern over public officials who put their own interests over the interests of the public good. 

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