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Notes -
As I contextualized in my OP, the billionaires have agents attending private meetings with government heads, and in all likelihood have connections with Mossad, and it seems are specifically asking them how to conduct pro-Israel advocacy. If the heads, of if the Mossad agents, have given them a direction or a request as it relates to their advocacy efforts, then they would be violating FARA. This is regardless of their original desire. Otherwise, no one would ever have to register for FARA (“I want to help Paraguay. Now I will go to Paraguay and they will tell me exactly what to do, but it’s okay because the original impetus was my own.”). A person’s original impetus is immaterial to whether their actions are being directed by a foreign principal. At its broadest,
Now back to the WaPo article:
This is blatantly illegal per FARA. They are acting (1) in a capacity (2) under the direction of a foreign principle (3a) in the interest of the foreign principal (3b) and engaging in political activity.
Almost nobody does, and indeed it’s telling that despite hundreds of ethnic and national diaspora interest activist groups in the US almost none of them violate FARA or even think about it.
You highlight public relations counsel, but a public relations counsel would be, for example, an American advising the Israeli government without reporting this interest, which the article doesn’t allege these billionaires did (it alleges the communication was the other way around).
That depends entirely on what the ‘guidance’ was, but again, nothing in the article guarantees or even makes likely a FARA violation. If a Russian-American attends a free lecture at the Russian consulate (delivered by a state university employee) on “Russophobia” and then becomes a pro-Russia activist, completely unpaid and without being under any direct instruction of the Russian government or any Russian agent, that isn’t a FARA violation according to most understandings of that law.
Seeking guidance from Israel in the context of a chat whose express purpose is actively changing politics in favor of Israel is more probably a FARA violation than not, because the very act of seeking guidance implies acting under the direction of a foreign principal. So, theoretically, we would just need to confirm that more than intending a FARA violation, they actually received the guidance and acted on it in some capacity.
There’s also
This is a semi-private chat. What are they doing privately when we know they at least aspired to commit FARA crimes?
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