NBC’s Pete Williams reports “Law enforcement sources say the FBI has arrested an agent of Pakistan’s official state intelligence service, accusing him of making thousands of dollars in political contributions in the United States without disclosing his connections to the Pakistani government.”

The conduct, if proven, is clearly illegal under federal law.  But is that federal law unconstitutional?  Citizens United has told us that in the First Amendment independent spending context, the identity of the speaker does not matter for First Amendment purposes.  And further that independent spending cannot corrupt.  Some anti-campaign finance regulation folks have claimed that Citizens United should be extended to allow unlimited contributions, from whatever source, to candidates (and some even claim that it is unconstitutional to require even disclosure of such contributions).  That’s Justice Thomas’s position too.

So let’s hear from these anti-regulatory folks.  If this activity is proven against the Pakistani agent, would prosecution of the agent be unconstitutional under the First Amendment?  (For my thoughts on the foreign national question, see my recent Michigan piece.)

UPDATE:  Apparently the alleged agent is being charged with violating FARA, not the campaign finance laws.  But I think my same question remains.  Are limitations on this conduct a violation of the First Amendment?  If the agent were charged with campaign finance violations, would he have a valid First Amendment defense?

Further UPDATE:  Here is the DOJ press release, confirming that two people are charged with violating FARA by not registering as foreign agents.  The two, who are U.S. citizens, were not charged (at least not from the indictment) with conspiring to violate the ban on foreign contributions to candidates, though it seems that they could be if these facts are proven.

And so my question remains: should these two (and the Pakistani government or handlers) have a First Amendment defense, should they be charged with violating the law banning foreign contributions and spending in U.S. elections?