Joel A. Brodsky

Sorry Dorothy, but Tucker Carlson is a Foreign Agent

I didn't do nuffin.
Tucker Carlson says that he "didn't do nuffin".

Buckle your seatbelt, Tucker, ’cause Kansas is going bye-bye

Tucker Carlson is a foreign agent under US law. Of this there can be little doubt as he all but admitted it. I guess Tucker didn’t consult with a criminal defense lawyer before he made his recent “I didn’t do nuffin” video announcing he had been criminally referred to the US Department of Justice.  The only real question is how bad of a foreign agent was he?  Was he an unregistered agent of the Ayatollah regime or was he an actual spy disclosing national defense information?  Neither is good, especially for someone who keeps proclaiming that he is 1000% pro-America.

The first law that Tucker has a problem with is the 1938 Foreign Agent Registration Act (FARA) I am familiar with this law because I briefly advised the team representing Omali Yeshitela, the Chairman of a small political party, who was acquitted in 2024 of violating FARA. In his recent video Tucker practically admitted he violated the FARA.  If he had consulted a competent attorney before making that video, he would have known that his proffered defenses were no good. You don’t have to be paid, and you don’t have to know classified information, to violate FARA.

In order to understand FARA, don’t think of an “agent” as a spy who has infiltrated the USA to steal secrets or report on troop movements.  For FARA, think of an “agent” as similar to the real estate agent hired to sell a home, or a public relations agent hired to promote a new product. In fact, in order to violate FARA you don’t even have to be operating in secret, you can be open and obvious about what you are doing.

Hostile foreign governments using media figures as agents is not a new issue. During the 1930s, there was a notable increase in propaganda efforts from foreign governments, particularly from regimes like Nazi Germany and the USSR. These governments used various means, including media and cultural initiatives, to sway public opinion.

One notable example was the activities of the German American Bund, a pro-Nazi organization that was openly attempting to influence American public opinion during the late 1930s. Congressional hearings revealed that the Bund and similar groups were working at the direction of the German government to sway public sentiment toward appeasement of fascist regimes.  The hearings revealed that beyond the well-known pro-fascist celebrities such as Charles Lindbergh, William Randolph Hearst and Henry Ford, there were many reporters who were working as agents of fascist nations, such as H.L. Mencken, Lowell Thomas, “Father” Charles Coughlin, Gerald L.K. Smith, and James W. Gerard, to name a few.

So in 1938, Congress passed FARA, which requires that whenever a US citizen or organizations lobbies the government or published propaganda at the “order, request, or under the direction or control” of a foreign government he or it must register with the US government. Without getting into the weeds, Tuckers defense of “I’m a reporter and protected from FARA by the 1st Amendment”, won’t work.  Reporters, like the rest of us, are free under the 1st Amendment to say whatever we want, but if were doing it at the order, request, direction of a foreign government we must register.

In his “confession” video Tucker admitted that he was texting with Iran officials before the current war started. He complained that the CIA was spying on him and reading his text messages. Sorry Tucker, but the CIA wasn’t spying on you, they were spying on the Iranian officials you were texting with. That is how the CIA got your text messages. Sorry Tucker, but there goes your 4th Amendment defense. Nice try though.

It is public knowledge Tucker visited President Trump in the White House on January 9, 2026 and again on January 16, 2026.  The last meeting included the President and Secretary of State/National Security Counsil head Marko Rubio, and took place in the Oval Office. Both meetings lasted over an hour. The war with Iran started just 42 days later. While the texts between Tucker and his friends in the Iranian government aren’t public yet, we know they are sufficient to provide probable cause to make a criminal referral.  All they have to say is, “Tucker, would you go see President Trump and Secretary Rubio and ask them not to attack Iran”, and if Carlson went to the meeting, tried to convince Trump and Rubio not to bomb Iran, and did not register as an agent of Iran, this is sufficient to support a criminal violation of FARA.

Then there is the Espionage Act of 1917.  This is truly serious.  Under the Espionage Act it gets worse for Tucker. Much worse.  If after the first meeting with the President and the Secretary of State on January 9th, Tucker reported back on his meeting to the Iranian officials, and then went back for a second meeting on January 16, 2026, and reported back on what happened in that meeting, he has big problems.  The Espionage Act provides that “Whoever, with……reason to believe that it is to be used……to the advantage of a foreign nation, communicates ……. or transmits…….to any foreign government, or to any faction or party………information relating to the national defense,” is in violation the act.  A violation of the Espionage Act is punishable by death, life imprisonment or a term of years less than life.

If President Trump or Secretary Rubio told anything to Tucker during their last two meetings regarding the plans to attack Iran, or the timing of the attack on Iran, and Tucker texted that information to Iran, or even his impressions of what was told to him,  he violated the Espionage Act.  All that any post-meeting text would have to say is “from what they told me any attack will be at night” or “Trump is arguing with the Vice President about how intensive any bombing should be”. That would be sufficient constitute the communication of  information relating to the national defense that Iran can use to its advantage. Tucker could be put in prison for life for that, or more likely a long period of years. When the text messages are leaked, and they will be, I wonder what video Tucker will make then?  Another “I didn’t do nuffin” video won’t help.

Tucker is in deep trouble because his hubris made him think could do anything and there would be no consequences. Tucker made the mistake of getting high on his own supply. Rather than make the “I didn’t do nuffin” video, he would have been better advised to lawyer up.

About the Author
Joel Brodsky retired after 40 years as a criminal defense lawyer in Chicago, after having done over 100 jury trials and represented clients in several high-profile cases, including the Peterson and Flora murder cases, the Officer Robert Rialmo excessive force case, and the Joseph Reyes criminal contempt case, where he obtained an acquittal for a client who was charged with criminal contempt for taking his daughter to church. In 2008 the Chicago Tribune described Brodsky as “a battler who answers almost every knock with a legal counterpunch”. Brodsky was also involved in Chicago and Illinois politics for the last 30 years. After retiring Brodsky divides his time between being a licensed private detective and commenting on local, national and international politics. Brodsky has appeared on the Today Show, Good Morning America, The CBS Morning Show, 20/20, Larry King, Nancy Grace, In Session, CNN, HLN, to name a few.
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