PROVIDING MATERIAL SUPPORT TO DESIGNATED TERRORIST ORGANIZATIONS (FUNDRAISING) (18 U.S.C. 2339B)
The Antiterrorism and Effective Death Penalty Act of 1996 gave the Secretary of State authority to designate foreign terrorist organizations whose terrorist activity threatens the security of United States nationals or the national defense, foreign relations or economic interests of the United States. See Pub. L. 104-132, § 302, 110 Stat. 1214, 1248. See also section 219 of the Immigration and Nationality Act (8 U.S.C. § 1189). The Antiterrorism Act also created 18 U.S.C. § 2339B, which makes it unlawful, within the United States, or for any person who is subject to the jurisdiction of the United States anywhere, to knowingly provide material support to a foreign terrorist organization that has been designated by the Secretary of State. See Pub. L. 104-132, § 303, 110 Stat. 1214, 1250.
Note: The HARM act hasn’t passed yet, so this might be on shaky grounds. But he may yet find himself in violation. Also, I’m not a lawyer, and I’d bet there’s better ways to prosecute this.
FARA is an acronym for the Foreign Agents Registration Act of 1938, as amended, 22 U.S.C. § 611 et seq. (“FARA” or “the Act”). FARA requires the registration of, and disclosures by, an “agent of a foreign principal” who, either directly or through another person, within the United States (1) engages in “political activities” on behalf of a foreign principal; (2) acts as a foreign principal’s public relations counsel, publicity agent, information-service employee, or political consultant; (3) solicits, collects, disburses, or dispenses contributions, loans, money, or other things of value for or in the interest of a foreign principal; or (4) represents the interests of the foreign principal before any agency or official of the U.S. government. In addition, FARA requires agents to conspicuously label “informational materials” transmitted in the United States for or in the interest of a foreign principal. There are some exemptions to FARA’s registration and labeling requirements for specified categories of agents and activities.
What are the penalties for violating FARA?
The penalty for a willful violation of FARA is imprisonment for not more than five years, a fine of up to $250,000, or both. Certain violations are considered misdemeanors, with penalties of imprisonment of not more than six months, a fine of not more than $5,000, or both. There are also civil enforcement provisions that empower the Attorney General to seek an injunction requiring registration under FARA (for applicable activities) or correcting a deficient registration statement.
PROVIDING MATERIAL SUPPORT TO DESIGNATED TERRORIST ORGANIZATIONS (FUNDRAISING) (18 U.S.C. 2339B)
Russian federation is not in the US’s list of terrorist organization
He did not provide anything to Russian federation
FARA requires the registration of, and disclosures by, an “agent of a foreign principal” who, either directly or through another person, within the United States
(1) engages in “political activities” on behalf of a foreign principal;
You’d have a hard time proving that this falls under “political activity” and that he did it because of foreign influence.
(2) acts as a foreign principal’s public relations counsel, publicity agent, information-service employee, or political consultant;
(3) solicits, collects, disburses, or dispenses contributions, loans, money, or other things of value for or in the interest of a foreign principal; or
(4) represents the interests of the foreign principal before any agency or official of the U.S. government. In addition, FARA requires agents to conspicuously label “informational materials” transmitted in the United States for or in the interest of a foreign principal. There are some exemptions to FARA’s registration and labeling requirements for specified categories of agents and activities.
Under FARA see “information-service employee, or political consultant.” I think there’s a strong argument there that he saw activity on StarLink, discussed it with Putin and then publicly walked that shit back when he realized it was criminal after the fact to cover it up.
The term “information-service employee” includes any person who is engaged in furnishing, disseminating, or publishing accounts, descriptions, information, or data with respect to the political, industrial, employment, economic, social, cultural, or other benefits, advantages, facts, or conditions of any country other than the United States or of any government of a foreign country or of a foreign political party or of a partnership, association, corporation, organization, or other combination of individuals organized under the laws of, or having its principal place of business in, a foreign country;
Translated from legalese, that means a person who’s posting stuff like “move to Russia, we have oat cookies, beautiful women, and unwoke laws”. To my knowledge, Musk does not promote Russia, nor has legal entity within Russia.
The term “political consultant” means any person who engages in informing or advising any other person with reference to the domestic or foreign policies of the United States or the political or public interest, policies, or relations of a foreign country or of a foreign political party.
That would require Musk to be employed as an advisor to someone. I don’t think there’s anyone who could call Musk his advisor, nor a person that Musk could say he’s working as an advisor for. After all, he’s the richest man in the world, nobody could afford such a service.
And how is this against the USA law?
First point:
https://www.justice.gov/archives/jm/criminal-resource-manual-16-providing-material-support-designated-terrorist-organizations
The Antiterrorism and Effective Death Penalty Act of 1996 gave the Secretary of State authority to designate foreign terrorist organizations whose terrorist activity threatens the security of United States nationals or the national defense, foreign relations or economic interests of the United States. See Pub. L. 104-132, § 302, 110 Stat. 1214, 1248. See also section 219 of the Immigration and Nationality Act (8 U.S.C. § 1189). The Antiterrorism Act also created 18 U.S.C. § 2339B, which makes it unlawful, within the United States, or for any person who is subject to the jurisdiction of the United States anywhere, to knowingly provide material support to a foreign terrorist organization that has been designated by the Secretary of State. See Pub. L. 104-132, § 303, 110 Stat. 1214, 1250.
Note: The HARM act hasn’t passed yet, so this might be on shaky grounds. But he may yet find himself in violation. Also, I’m not a lawyer, and I’d bet there’s better ways to prosecute this.
Second point:
https://www.justice.gov/nsd-fara/frequently-asked-questions
What is FARA?
FARA is an acronym for the Foreign Agents Registration Act of 1938, as amended, 22 U.S.C. § 611 et seq. (“FARA” or “the Act”). FARA requires the registration of, and disclosures by, an “agent of a foreign principal” who, either directly or through another person, within the United States (1) engages in “political activities” on behalf of a foreign principal; (2) acts as a foreign principal’s public relations counsel, publicity agent, information-service employee, or political consultant; (3) solicits, collects, disburses, or dispenses contributions, loans, money, or other things of value for or in the interest of a foreign principal; or (4) represents the interests of the foreign principal before any agency or official of the U.S. government. In addition, FARA requires agents to conspicuously label “informational materials” transmitted in the United States for or in the interest of a foreign principal. There are some exemptions to FARA’s registration and labeling requirements for specified categories of agents and activities.
What are the penalties for violating FARA?
The penalty for a willful violation of FARA is imprisonment for not more than five years, a fine of up to $250,000, or both. Certain violations are considered misdemeanors, with penalties of imprisonment of not more than six months, a fine of not more than $5,000, or both. There are also civil enforcement provisions that empower the Attorney General to seek an injunction requiring registration under FARA (for applicable activities) or correcting a deficient registration statement.
You’d have a tough time in court with this one.
Elaborate
You’d have a hard time proving that this falls under “political activity” and that he did it because of foreign influence.
He does not do anything of this sort
Under FARA see “information-service employee, or political consultant.” I think there’s a strong argument there that he saw activity on StarLink, discussed it with Putin and then publicly walked that shit back when he realized it was criminal after the fact to cover it up.
Have you actually read that law?
Translated from legalese, that means a person who’s posting stuff like “move to Russia, we have oat cookies, beautiful women, and unwoke laws”. To my knowledge, Musk does not promote Russia, nor has legal entity within Russia.
That would require Musk to be employed as an advisor to someone. I don’t think there’s anyone who could call Musk his advisor, nor a person that Musk could say he’s working as an advisor for. After all, he’s the richest man in the world, nobody could afford such a service.
But one could prove it