A FARA inquiry letter is a non-binding DOJ request for information indicating preliminary concerns. Communications response should be coordinated closely with counsel. The framing below addresses reputational and communications dimensions; legal strategy decisions are counsel's domain.
First 72 hours. Engage qualified FARA counsel. Avoid substantive response before counsel review. Avoid external discussion. Begin assembling the engagement record.
Strategic decisions within two weeks. Whether to register voluntarily. Whether to respond substantively under the existing structure. Whether to take any public posture. Each decision interacts with legal strategy.
Communications posture during active inquiry:
- Maintain owned content on substantive practice areas
- Avoid public commentary on the inquiry
- Prepare statements for potential public surfacing
- Brief senior practitioners on response protocol
If the inquiry surfaces publicly:
- Confirm receipt if asked directly
- Note cooperation
- Defer substantive discussion until resolution
- Avoid public combat with the FARA Unit
Key takeaway: Inquiry letters resolve quietly more often than they escalate; communications work should preserve optionality across outcomes.
Operational checklist:
- Inquiry-response protocol documented in advance
- Counsel relationship established before inquiry receipt
- Communications and legal coordination workflow defined
- Pre-drafted public-surfacing statements available
What firms should do now: Build the inquiry-response protocol now. The cost of preparation is small; the cost of responding without preparation is significant.
FAQ. Q: Should we tell the principal about an inquiry? A: Counsel can advise; many firms do, but the timing and framing require care. Q: Will the inquiry become public? A: Inquiry letters sometimes surface through journalism, FOIA, or other channels; preparation for both outcomes is prudent.
