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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. Coordinating the War on Corruption

Author:
Josh Rudolph
Publication Date:
05-2021
Content Type:
Policy Brief
Institution:
German Marshall Fund of the United States (GMFUS)
Abstract:
The Biden administration has a historic opportunity to unify U.S. domestic and foreign policy through an aggressive mission to combat corruption and kleptocracy. Middle-class Americans are frustrated by perceptions of corruption at home, while authoritarian regimes are organized as oligarchies weaponizing corruption around the world. While these trends have fueled passionate discourse in recent years, the Biden administration should seek a legacy of achieving actual results by institutionalizing anti-corruption reforms throughout U.S. and international financial, diplomatic, and legal systems, including a formidable raft of new policies and commitments to be showcased at the Summit for Democracy, which Biden has pledged to host in his first year in office. The administration should start with powerful regulatory action to root dirty money out of the U.S. financial system. Within the first 100 days of this anti-corruption reform initiative, Treasury should take ten initial steps, the two strongest being finalizing a 2015 proposal to make private equity and hedge funds identify their customers and publishing the first-ever National Corruption Risk Assessment. After the first 100 days but within the first year of this effort, Treasury should take another seven steps, such as regulating more enablers and writing strong rules for the new beneficial ownership registry. The White House should also work together with Congress to eliminate dark money from politics and work with the Justice Department (DOJ) to deliver and communicate tangible policy and enforcement outcomes that most Americans would see as truly “draining the swamp.” The White House, in consultation with Treasury and partners at the Organization for Economic Cooperation and Development (OECD) and the Financial Action Task Force (FATF), should push for a landmark international agreement to end offshore financial secrecy, including commitments around public beneficial ownership registries, automatic exchange of tax information, a cross-border payments database, and steps toward a global asset registry, as well as sanctions to motivate cooperation with all the above. The United States Agency for International Development (USAID) should scale up support for anti-corruption activists. The Department of State should integrate an anti-corruption action fund into pre-existing efforts, recommit to international anti-corruption initiatives that languished under Trump, and strengthen internal coordination and capacity-building efforts. Law enforcement should pressure kleptocrats by publicizing confiscated assets and banned individuals while reforming global mechanisms suffering from abuse (e.g., EB-5 golden visas, mutual legal assistance treaties, Interpol, etc.). The ambitious 100-point anti-corruption agenda described in this report is achievable, but only if the White House supports it as a top policy priority, including the commitment of resources needed to dedicate a small team to coordinate the work, which could take the form of either a standalone directorate at the National Security Council (NSC) or a task force of staffers drawn from several White House components. To energize Treasury, State, USAID, DOJ, and other departments and agencies at a high level, this team should be run by a White House senior director dedicated exclusively to anti-corruption and a designated senior leader such as the Vice President, coordinating efforts across the areas of democracy and human rights (DHR), international economics (Intecon), the Domestic Policy Council (DPC), and other White House offices. This White House anti-corruption team should be staffed with at least three directors, each dedicated to one priority area: building a global coalition, rooting out dirty money, and showing compelling results to the American people.
Topic:
Corruption, Politics, and Finance
Political Geography:
United States of America