Search

Begin New Search Topic Foreign Interference Author Josh Rudolph

1. Spies and Money: Legal Defenses Against Foreign Interference in Political Campaigns

Author:
Jessica Brandt and Josh Rudolph
Publication Date:
01-2021
Content Type:
Policy Brief
Institution:
German Marshall Fund of the United States (GMFUS)
Abstract:
In recent years, U.S. government officials have normalized a damaging notion: that soliciting or participating in foreign interference in a U.S. election will not be prosecuted. Foreign governments from Beijing to Moscow and elsewhere are watching closely, and unless Congress and the new administration act quickly to close loopholes in the current U.S. legal framework governing political campaigns, every major U.S. election could be undermined by foreign interference that is not prohibited by U.S. law. A new legal framework around political campaigns is sorely needed—one that provides a proactive and holistic approach to foreign interference rooted in the need to protect U.S. national security.
Topic:
National Security, Politics, Elections, and Foreign Interference
Political Geography:
United States of America

2. Adversarial Avenues: Ten Bipartisan Ways to Make a Bill Like S. 1 Close Loopholes Autocrats Exploit to Meddle in U.S. Politics

Author:
Josh Rudolph
Publication Date:
04-2021
Content Type:
Policy Brief
Institution:
German Marshall Fund of the United States (GMFUS)
Abstract:
In his push for bipartisan efforts on voting rights legislation, Senator Joe Manchin (D-WV) warned that “the lack of transparency in many campaign finance rules provides multiple avenues for foreign and national adversaries to meddle in the American political system.” These loopholes might be called the “adversarial avenues” of malign finance. Manchin went on to explain that this is why he supports two campaign finance provisions included within the For the People Act (S. 1): The DISCLOSE Act and the Honest Ads Act. Manchin is absolutely right. The most comprehensive research on covert foreign money classified by legal avenue more than 100 cases—adding up to more than $300 million over the past decade—of authoritarian regimes such as Russia and China funneling money into democratic processes as a geopolitical weapon. Strikingly, 83 percent of this activity was enabled by seven legal loopholes that were identified in this research and are now being actively tackled by the European Parliament. Two of those seven vulnerabilities would be addressed by DISCLOSE and Honest Ads, which would impose financial transparency on “dark money” non-profits and online political ads, respectively. But foreign powers do not stop there. As President George Washington warned in his farewell address, they bring “insidious wiles” to their tradecraft of foreign influence. Autocrats invent and exploit cunning ways to secure political power, devising creative tricks to interfere in elections at home and abroad, often through some degree of legal participation by people within the target country. Indeed, a recent U.S. intelligence assessment found that in the 2020 election the Kremlin’s main innovation since 2016 was more collaboration with U.S.-based conduits. That is why, in addition to Thomas Morley’s and my year-long research project on malign finance, Jessica Brandt and I worked with a bipartisan team of legal experts to develop legislative proposals that would outlaw U.S. participation in foreign interference. Drawing from this extensive body of research developed over the past two years, 10 policy proposals would further address the “multiple avenues for foreign and national adversaries to meddle in the American political system.” The first five proposals offer ways to more thoroughly approach interference issues already under consideration in S. 1, while the second five proposals introduce new resilience measures for consideration.
Topic:
Politics, Finance, Legislation, and Foreign Interference
Political Geography:
North America and United States of America

3. Covert Foreign Money: Financial Loopholes Exploited by Authoritarians to Fund Political Interference in Democracies

Author:
Josh Rudolph and Thomas Morley
Publication Date:
08-2020
Content Type:
Policy Brief
Institution:
German Marshall Fund of the United States (GMFUS)
Abstract:
In addition to more widely studied tools like cyberattacks and disinformation, authoritarian regimes such as Russia and China have spent more than $300 million interfering in democratic processes more than 100 times spanning 33 countries over the past decade. The frequency of these financial attacks has accelerated aggressively from two or three annually before 2014 to 15 to 30 in each year since 2016. We call this tool of foreign interference “malign finance,” defined as “the funding of foreign political parties, candidates, campaigns, well-connected elites, or politically influential groups, often through non-transparent structures designed to obfuscate ties to a nation state or its proxies.” A typical case involves a regime-connected operative funneling $1 million to a favored political party, although buying influence in a major national election costs more like $3 million to $15 million. Rather than start our analysis by focusing on any given policy area, we review open-source reporting in 16 languages to identify malign finance cases credibly attributed to foreign governments. Finding that approximately 83 percent of the activity was enabled by legal loopholes, we catalogue the resulting caseload into the seven most exploited policy gaps. Broader than just money flowing through straw donors, shell companies, non-profits, and other conduits, malign finance includes a range of support mechanisms innovated by authoritarian regimes to interfere in democracies, from intangible gifts to media assistance. As such, policy strategies to address these vulnerabilities are not limited to campaign finance reforms, but also include greater transparency requirements around media funding, corporate ownership, campaign contacts with foreign powers, and other issues. In addition to identifying loopholes, our case study informs the scope of our recommended policy solutions, which are meant close off channels for foreign financial interference without infringing upon the speech rights of domestic political spenders or jeopardizing bipartisan support. Each of our recommendations balances these trade-offs differently based on empirical, legal, political, and administrative considerations vetted in consultation with more than 90 current and former executive branch officials, Congressional staffers from both parties, constitutional law scholars, and civil society experts. This report is organized around each of the seven U.S. legal loopholes that need to be closed, starting with the most urgent priorities, plus an eighth chapter on the need for stronger governmental coordination.
Topic:
Authoritarianism, Democracy, Finance, Foreign Interference, and Dark Money
Political Geography:
Russia, China, Europe, and United States of America