[EL] Let's Put Citizens United to the Test: Pakistani Agent $ in U.S. Elections

Tue Jul 19 10:33:03 PDT 2011

Is the Pakistani government covered by the First Amendment?

________________________________

From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick
Hasen
Sent: Tuesday, July 19, 2011 10:21 AM
To: Josiah Neeley
Cc: 'law-election at uci.edu'
Subject: Re: [EL] Let's Put Citizens United to the Test: Pakistani Agent
$ in U.S. Elections

I believe it would apply if he were acting as a conduit for
contributions from a foreign source.

Assuming that's the case, would you or anyone else care to defend his
constitutional right (or the rights of the Pakistani government or
intelligence agency) to make contributions---or even independent
expenditures---in federal electoins?

On 7/19/2011 10:11 AM, Josiah Neeley wrote: 

Here is a DoJ press release about the case. Mr. Kelner is correct that
the prosecution is under FARA: 

http://www.justice.gov/opa/pr/2011/July/11-nsd-937.html

I would also add that Mr. Fai is a U.S. citizen, so a ban on
contributions by foreign nationals would not apply to him. 

________________________________________
From: law-election-bounces at department-lists.uci.edu
[law-election-bounces at department-lists.uci.edu] on behalf of Kelner,
Robert [rkelner at cov.com]
Sent: Tuesday, July 19, 2011 12:38 PM
To: 'rhasen at law.uci.edu'; 'law-election at uci.edu'
Subject: Re: [EL] Let's Put Citizens United to the Test: Pakistani Agent
$ in U.S. Elections

Either way, there would be a violation of the Foreign Agents
Registration Act, which is more likely the basis for the Government's
investigation.

From: Rick Hasen [mailto:rhasen at law.uci.edu]
Sent: Tuesday, July 19, 2011 12:06 PM
To: law-election at UCI.EDU <law-election at uci.edu>
<mailto:law-election at uci.edu> 
Subject: [EL] Let's Put Citizens United to the Test: Pakistani Agent $
in U.S. Elections

Let's Put Citizens United to the Test: Pakistani Agent $ in U.S.
Elections<http://electionlawblog.org/?p=20587>
<http://electionlawblog.org/?p=20587> 
Posted on July 19, 2011<http://electionlawblog.org/?p=20587>
<http://electionlawblog.org/?p=20587>  by Rick
Hasen<http://electionlawblog.org/?author=3>
<http://electionlawblog.org/?author=3> 

NBC's Pete Williams
reports<http://firstread.msnbc.msn.com/_news/2011/07/19/7112067-fbi-arre
sts-pakistani-agent-for-making-political-contributions-in-us>
<http://firstread.msnbc.msn.com/_news/2011/07/19/7112067-fbi-arrests-pak
istani-agent-for-making-political-contributions-in-us>  "Law enforcement
sources say the FBI has arrested an agent of Pakistan's official state
intelligence service, accusing him of making thousands of dollars in
political contributions in the United States without disclosing his
connections to the Pakistani government."

The conduct, if proven, is clearly
illegal<http://us-code.vlex.com/vid/contributions-donations-foreign-nati
onals-19137877>
<http://us-code.vlex.com/vid/contributions-donations-foreign-nationals-1
9137877>  under federal law.  But is that federal law unconstitutional?
Citizens United has told us that in the First Amendment independent
spending context, the identity of the speaker does not matter for First
Amendment purposes.  And further that independent spending cannot
corrupt.  Some anti-campaign finance regulation folks have claimed that
Citizens United should be extended to allow unlimited contributions,
from whatever source, to candidates (and some even claim that it is
unconstitutional to require even disclosure of such contributions).
That's Justice Thomas's
position<http://www.firstamendmentcenter.org/analysis.aspx?id=18
<http://www.firstamendmentcenter.org/analysis.aspx?id=18958> 
958> <http://www.firstamendmentcenter.org/analysis.aspx?id=18958>  too.

So let's hear from these anti-regulatory folks.  If this activity is
proven against the Pakistani agent, would prosecution of the agent be
unconstitutional under the First Amendment?  (For my thoughts on the
foreign national question, see my recent Michigan
piece<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1620576>
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1620576> .)

[Share]<http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawb
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%20foreign%20national%20question%2C%20see%20my%20recent%20Michigan%20pie
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Posted in campaign finance<http://electionlawblog.org/?cat=10>
<http://electionlawblog.org/?cat=10>  | Comments Off
--
Rick Hasen
Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
<mailto:rhasen at law.uci.edu> 
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org

-- 
Rick Hasen
Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org

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