interview with Michael McFaul, Andrew Roberts via Secrets Of Statecraft With Andrew Roberts Mike McFaul, President Obama’s ambassador to Moscow, drew on history to discover what makes Putin tick. +++++++++++++++++++++++++++++++++++++++++ Hunter Biden, FARA and Unequal Justice A bad law used against Trump associates now haunts President Biden’s son. By The Editorial Board Unequal justice has emerged as a theme in the Hunter Biden plea deal, and one example came last week when Judge Maryellen Noreika asked the prosecution and defense in court if their agreement meant the President’s son could still be prosecuted for violating the Foreign Agents Registration Act. Hunter’s lawyers said no, but the prosecutor said yes, and Hunter can thank Robert Mueller if he is prosecuted under that statute. FARA is a long-ignored law dating to 1938 that special counsel Mueller brought out of mothballs in an attempt to pry information out of Donald Trump’s associates. It requires Americans acting as an “agent of a foreign principal” under most circumstances to register with the U.S. government. As we noted at the time, in the nearly half-century up to 2016 the Justice Department brought only seven criminal FARA cases and won three convictions. The rarity of prosecutions created much confusion about how and when the law applies. That didn’t stop Mr. Mueller. As special counsel investigating nonexistent Russia collusion, he used FARA to prosecute Trump associates who were mostly accused of lying about their work on behalf of foreign governments. This is how he nailed Paul Manafort, who took money from the Ukrainians. Michael Flynn admitted to making false statements in documents filed pursuant to FARA regarding his work on behalf of the Turkish government. FARA also ensnared Greg Craig—a high-powered Democratic lawyer and former White House counsel to President Obama—who was prosecuted as an offshoot of the Mueller investigation into Mr. Manafort’s deals with Ukraine. As long as FARA was targeting people in the Trump orbit, Democrats cheered these prosecutions. They weren’t even fazed when a federal jury acquitted Mr. Craig on FARA-related charges that we and others believe should never have been brought. They may regret that legal standard now that federal prosecutors have confirmed to Judge Noreika that FARA charges could still be lodged against the President’s son. Based on Mr. Mueller’s prosecutions, Hunter is vulnerable. We know Hunter set up a shell company to do business with CEFC China Energy, and that he didn’t register as a foreign agent. Shell companies are a common strategy for disguising ownership, and accepting money from a foreign entity would normally require FARA registration. Similar questions remain about Hunter’s dealings in Ukraine. A FARA prosecution has political implications for President Biden. To have his son acting as a foreign agent while they were travelling to the relevant foreign countries together on Air Force Two would make the President’s claims of ignorance about Hunter’s business even harder to believe. This is guaranteed to be an issue in his 2024 bid for re-election—not least because staffers in the Obama Administration sent up red flags about Hunter’s lucrative work on the board of Burisma, the Ukrainian energy company. FARA has never been clearly defined and is used selectively. That is the definition of a bad law that is too easy for prosecutors to exploit against their political enemies Democrats have reason to say that if everyone in Washington who violates FARA were prosecuted for it, half the lobbyists would be out of business. But this would be a more persuasive argument if they had made it when Robert Mueller was busy using it against their political enemies. 'Hunter, FARA and Unequal Justice'. And: The Rising Demand for School Choice Several states report big increases in voucher or ESA applications. By The Editorial Board Many states have recently created or expanded school-choice programs, but are parents taking up the opportunity? It’s early days, but data from several states should encourage lawmakers that robust offerings are in demand. Indiana this year reported an increase of some 20% in its voucher program. More than 53,000 students participated in 2022-23, compared with 44,376 the previous school year, according to the state education department. Thirteen more private schools were included, bringing the total to 343. All of this was before the state made vouchers nearly universal in May by raising the income cap and removing other restrictions. Florida also made its K-12 scholarships universal this year by removing income limits. Step Up for Students, a nonprofit administering organization, recently said it had awarded 268,221 income-based scholarships, up from 183,925 at the same time a year ago. The group said it also had granted 74,711 special-needs scholarships, an increase of some 15,000. Arizona beat Florida by a year in making its education savings accounts, or ESAs, universal. The state says it approved 47,667 new student applications in 2023, compared with 5,103 before the expansion. Nearly 700 private schools receive ESA funds. West Virginia’s ESA program, open to any student already in public school, is entering its second year. The program has received 6,323 applications for the coming school term, up from roughly 3,600 last year, per the state Treasurer. Iowa’s new ESA program received 29,025 applications during a month-long window, according to Gov. Kim Reynolds’s office. In Arkansas nearly 5,000 students and more than 80 schools have applied or begun applying to another new ESA system, the state Education Department says. Applications opened in late June and continue through July. The Iowa and Arkansas programs aren’t universal in the first year, but they’re likely to grow as they phase in broader eligibility. None of this should prompt states to rest on their laurels. A recent Manhattan Institute report points out that getting ESAs through the political thicket is only the first step. Many parents are unaware of the offerings in their states, and a law does little good if it isn’t implemented well. “We fear a program in which 100,000 families want to participate,” the authors write, “but cannot log in to the payment platform, or cannot track their expenditures, or cannot promptly pay the educational providers helping their children.” Some states might also find that the demand exceeds the supply of seats in private schools. But in time states that are generous with ESAs are encouraging a variety of options to expand or open, whether faith-based, classical, Montessori or something new, and with families choosing what works best for them. That’s what a future of school choice looks like. ++++++++++++++
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