Brandon Van Grack(@BVanGrack) 's Twitter Profileg
Brandon Van Grack

@BVanGrack

Co-Chair, National Security practice @MoFoLLP | fmr. DOJ natsec official incl. #FARA Unit Chief, Leak Czar, prosecutor | #sanctions #CFIUS #cyber | views my own

ID:1361145222881832960

linkhttps://www.mofo.com/people/brandon-van-grack.html calendar_today15-02-2021 02:49:20

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Brian O'Toole(@brianoftoole) 's Twitter Profile Photo

Sneaky big deal. OFAC removed the typical knowledge threshold required to impose sanctions. Means OFAC doesn’t have to prove someone knew the transaction was problematic. Flip it around: people may have to worry about unknown unknowns re Russia payments.

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Brandon Van Grack(@BVanGrack) 's Twitter Profile Photo

The slightest glimmer of hope that the Mar-a-Lago case could happen this year. The Court granted DOJ request to prepare a jury questionnaire even though much of the court schedule is up in the air. DOJ had asked for a February 2 deadline; court set it at February 28.

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Brandon Van Grack(@BVanGrack) 's Twitter Profile Photo

DOJ's opposition to defendants request to see classified filings in the Mar-a-Lago case sets up the first potential appeal in the case. If the court grants defendants' request and doesn't follow prior cases meticulously described in the filing, DOJ will immediately appeal.

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Brandon Van Grack(@BVanGrack) 's Twitter Profile Photo

DOJ doing everything it possibly can to have the mar-a-lago trial this year, to include addressing juror issues (it is requesting written juror questionnaires). Expect court and defendants to kick the can down the road.

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Kaitlan Collins(@kaitlancollins) 's Twitter Profile Photo

The binder was last seen at the White House during Trump’s final days in office. The former president had ordered it brought there so he could declassify a host of documents related to the FBI’s Russia investigation. cnn.com/interactive/20…

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Eric Geller(@ericgeller) 's Twitter Profile Photo

New: FCC votes 3-2 to tighten data breach notification requirements for telecom providers.

New rules cover more customer data and more scenarios (including 'inadvertent' improper disclosures). Companies now required to alert customers w/o 'unreasonable delay' after telling USG.

New: FCC votes 3-2 to tighten data breach notification requirements for telecom providers. New rules cover more customer data and more scenarios (including 'inadvertent' improper disclosures). Companies now required to alert customers w/o 'unreasonable delay' after telling USG.
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Brandon Van Grack(@BVanGrack) 's Twitter Profile Photo

Former President's reply notes that the court has not ruled on the CIPA Section 5 pending motion (about Former Pres not providing enough detail about what classified docs he wants to use), yet DOJ jumped to Section 6. DOJ is not slowing down the train at all.

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Brandon Van Grack(@BVanGrack) 's Twitter Profile Photo

Former President seeking access to DOJ sealed motion on classified docs to remove from discovery—such motions are almost always filed ex parte (not provided to defense counsel). If such access is granted, expect DOJ’s first appeal in the case.

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Brandon Van Grack(@BVanGrack) 's Twitter Profile Photo

A significant espionage and foreign agent case involving Cuba. Not at the Ana Montes level, but remarkable for how long it lasted. Pete Lapp

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Brandon Van Grack(@BVanGrack) 's Twitter Profile Photo

DOJ indicates in its motion just unsealed it still seeks to withhold from Nauta and De Oliveira nearly all of the over 5.5k classified docs it provided to Trump and cleared counsel, which is why it now needs scores of pages to file its discovery motion under CIPA Section 4.

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Brandon Van Grack(@BVanGrack) 's Twitter Profile Photo

Remarkably this is not the first former ambassador to be accused of violating foreign agent laws.

washingtonpost.com/investigations…

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Brandon Van Grack(@BVanGrack) 's Twitter Profile Photo

Two big takeaways from today's conference for the Foreign Agents Registration Act (FARA): (i) DOJ will soon be proposing new FARA regs that would narrow exemptions for commercial activity; (ii) FARA Unit is concerned about sovereign wealth funds and foreign litigation funding.

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Josh Gerstein(@joshgerstein) 's Twitter Profile Photo

BREAKING: Federal judge blocks Montana's state ban on TikTok use (set to kick in Jan. 1). Judge Donald Molloy (Clinton) says state is stepping into foreign affairs and infringing Constitutional rights of users. Doc: storage.courtlistener.com/recap/gov.usco…

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Brandon Van Grack(@BVanGrack) 's Twitter Profile Photo

An important story about how groups are weaponizing US regulations against its victims. This was a warning and advertising campaign for these groups, and demonstrates the law of unintended consequences.

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