Brandon Van Grack, Whitney Lee, Haydn Forrest, and Nicholas Weigel published an article in Law360 that explored the fallout from U.S. Court of Appeals for the District of Columbia Circuit’s decision in Attorney General v. Wynn, which held that the U.S. Department of Justice (DOJ) could not compel businessman Steve Wynn to retroactively register under the Foreign Agents Registration Act (FARA) for prior activity on behalf of a foreign principal.
The authors noted that the decision is a clear setback to the DOJ’s efforts to increase FARA enforcement, and it is likely to petition for rehearing en banc and ask the circuit court to revisit and overturn McGoff.
Read the full article.