The Nelson Report and The Foreign Agents’ Registration Act

There is a leaked report circulating in Washington today from the author of “The Nelson Report.” The Nelson Report is a Jack Pritchard’s-eye-view paid subscription version of what Korea bloggers give out for free, just not as well written or sourced.

Apparently, Nelson was commissioned by the ROK Embassy in Washington to write a summary of who’s who in Washington’s Korea policy-making. My source informs me that the author, who wrote that he’d have to seek political asylum if the report were ever leaked, then inadvertently sent it out to his entire subscription e-mail newsletter distro list. Nice going.

I’ve read the whole thing. It doesn’t look like the makings of state secrets, but it was very interesting reading, notwithstanding my deep disagreements with its perspective and bitter advocacy thereof. At the same time, it consists mostly of gossip, rumor, extraneous (and often deeply personal) detail, and embittered personal opinions of a man who looks back on life and wishes he mattered. The author clearly shares the Uri perspective on Washington and happily obliges his audience’s distaste for this administration.

The report was sent to me by an anonymous source. Someone also posted the entire text in a comment here. After much thinking, I have decided to take down the text for now, even though I know the press already has it. Others may publish it; that’s fine. I have read the report and will let its salient facts be reflected in my other posts. I may publish the text later this week, although I’ll take out the personal stuff first, something I’d still do even if other blogs or newspapers may publish it.

As I understand the salient facts from a very reliable anonymous source, Nelson is a U.S. citizen and former UPI reporter who is now working for a private consulting firm. His views are decidedly of the Jack Pritchard line. Nelson is not a Korean or other foreign diplomat. He wrote this report for the ROK Embassy to help them keep tabs on the various personalities of the U.S. government who could influence Korea policy. The information all appears to come from open sources; almost all of it consists of gossip and personal invective.

The FARA, 18 U.S.C. sec. 951

I’m not accusing Mr. Nelson of breaking the law, but I hope he’s talked to a lawyer. If I’m right about the facts I’ve related above, Mr. Nelson may have been operating “under the direction or control of a foreign government or official.” That means he should have registered as an agent of the Korean government with the Attorney General, and as of two months ago, neither Mr. Nelson nor his consulting firm had done that. I know, because I have the list of registered foreign agents for both Koreas; it’s available to the public.

I hope to publish the report here later this week–sans personal details–but even if you read it elsewhere, come back here to read what it means. This could have the makings of a mini-scandal for U.S.-Korean relations.

Title 18, U.S. Code, Sec. 951:

(a) Whoever, other than a diplomatic or consular officer or attache, acts in the United States as an agent of a foreign government without prior notification to the Attorney General if required in subsection (b), shall be fined under this title or imprisoned not more than ten years, or both.

(b) The Attorney General shall promulgate rules and regulations establishing requirements for notification.

. . . .

(d) For purposes of this section, the term ”agent of a foreign government” means an individual who agrees to operate within the United States subject to the direction or control of a foreign government or official, except that such term does not include ““

(1) a duly accredited diplomatic or consular officer of a foreign government, who is so recognized by the Department of State;

(2) any officially and publicly acknowledged and sponsored official or representative of a foreign government;

(3) any officially and publicly acknowledged and sponsored member of the staff of, or employee of, an officer, official, or representative described in paragraph (1) or (2), who is not a United States citizen; or

(4) any person engaged in a legal commercial transaction.

You can look it up yourself at . The rest is up to the lawyers. But was it really necessary for this needledick to discuss the personal lives, troubles, medical histories, and religious beliefs of these people? Or to tell that to foreign diplomats?

So there you have it. No text yet. Sorry to disappoint you, but I will sleep soundly tonight. If wiser counsel (such as the Justice Department) tells me that this can be made public, you’ll see the full text, minus personal stuff about people’s love lives, medical histories, etc.

And to the anonymous source(s) who sent this: thank you very much for thinking of me first. If my decision to hold off has disappointed you, I hope you understand that I have to let my conscience be my guide. If that weren’t the case, this blog wouldn’t be here at all.