Democracy Dies in Darkness

Russian firm indicted in special counsel probe cites Kavanaugh decision to argue that charge should be dismissed

July 20, 2018 at 7:00 a.m. EDT
The Post's Robert Barnes explains some of the factors that could influence whether Supreme Court nominee Judge Brett M. Kavanaugh is confirmed. (Video: Monica Akhtar/The Washington Post, Photo: Jabin Botsford/The Washington Post)

A Russian company accused by special counsel Robert S. Mueller III of being part of an online operation to disrupt the 2016 presidential campaign is leaning in part on a decision by Supreme Court nominee Brett M. Kavanaugh to argue that the charge against it should be thrown out.

The 2011 decision by Kavanaugh, writing for a three-judge panel, concerned the role that foreign nationals may play in U.S. elections. It upheld a federal law that said foreigners temporarily in the country may not donate money to candidates, contribute to political parties and groups, or spend money advocating for or against candidates. But it did not rule out letting foreigners spend money on independent advocacy campaigns.