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. This week, the firm released the latest edition of the primer, featuring new analysis of recent Department of Justice
Continue Reading Covington Releases Updated Version of “FARA: A Guide for the Perplexed”
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 Potentially Overlooked Risk Area: Incorporating Congressional Investigations into Transactional Due Diligence
Congressional investigations are now a common reality across corporate America, and companies large and small are therefore more focused than ever on the potential effects of congressional inquiries into business activities, goals, and strategies. In this new reality, the most sophisticated companies, private equity firms, and other corporate players are…
Continue Reading A Potentially Overlooked Risk Area: Incorporating Congressional Investigations into Transactional Due DiligenceDemocratic Investigations Agenda is Coming Into Focus
If the upcoming midterm elections result in a Democratic majority in the House next year, companies, organizations, and individuals can expect a new wave of congressional investigations, hearings, and oversight, with a familiar focus on the Trump administration and an emphasis on a variety of private sector targets. The Democratic…
Continue Reading Democratic Investigations Agenda is Coming Into FocusPractical Advice for Nonprofits and Donors After the Presidential Memorandum on “Countering Domestic Terrorism and Organized Political Violence” and Reported IRS Enforcement Changes
- On September 25, 2025, President Trump issued National Security Presidential Memorandum/NSPM-7, Countering Domestic Terrorism and Organized Political Violence. The memorandum
DOJ Posts (then Takes Down) Seventeen New Advisory Opinions Regarding the Foreign Agents Registration Act
Following an announcement last month 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 ActFederal Court Dismisses Pre-Enforcement Challenge to HELP Committee Subpoena, Underscoring Limited Options for Congressional Subpoena Targets
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 la Torre alleged that any effort to pursue civil or criminal sanctions in connection with the resolutions would entail further “punishment” for his having invoked his Fifth Amendment rights in refusing to testify before the Senate Health, Education, Labor, and Pensions (“HELP”) Committee regarding the bankruptcy of Steward Health Care. Judge McFadden’s sweeping rejection of this challenge underscores the limited ability of congressional subpoena targets to seek relief in court and highlights the formidable protection the Constitution’s Speech or Debate Clause provides to congressional investigators.Continue Reading Federal Court Dismisses Pre-Enforcement Challenge to HELP Committee Subpoena, Underscoring Limited Options for Congressional Subpoena Targets
Department 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 ProcessCongress 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 Decision