With Michael Flynns Resignation, a New Focus on the Logan Act

[herding cats]

What is the Logan Act?

The Logan Act is a 1799 statute that bars private citizens from interfering with diplomatic relations between the United States and foreign governments. It makes it a felony, punishable by a fine or imprisonment of up to three years, if an American citizen, without government authorization, interacts “with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States.”

Does the act apply to a president-elect and his transition team?
As a preliminary matter, it remains unclear whether then-President-elect Trump — as opposed to Mr. Pence — knew about Mr. Flynn’s conversations with the Russian ambassador. (After the announcement by the Russian president, Vladimir V. Putin, that he would not expel American officials in response to new sanctions because there would soon be a different president, Mr. Trump responded with a Twitter post that said, “Great move on delay (by V. Putin) — I always knew he was very smart!”)

But even if Mr. Trump sanctioned the conversation, on its face the Logan Act appears to apply to a president-elect and his top aides, said Laurence Tribe, a Harvard Law School constitutional law professor.

A president-elect is not an official of the United States,” Mr. Tribe said. “There is no reason why the Logan Act would not apply to the president-elect since it applies to all private citizens, and the people working on the transition are all working in a private-citizen capacity. They have not taken the oath, so they are covered by the act — to the extent that matters.”

https://www.nytimes.com/2017/02/14/us/politics/logan-act-flynn.html?src=twr&smid=tw-nytimes&smtyp=cur

[Greybnk48]

1. On Andrea Mitchell it was just said by Mike McFall that

1. the real focus should be on the fact that the call was made the very DAY Obama imposed new sanctions, and

2. There's no way Trump didn't know.

[herding cats]

2. I agree on both counts.

I don't think this is going to vanish like some people seem to think.

There's the intelligence community not trusting this admin, and the press doubling down on their reporting of them since Trump decided to go to war with them. This isn't a typical situation.

[prairierose]

3. Yes, I think this was a violation of ....

the Logan Act but it was also treason and I really do not want that point of view to disappear or get shoved under the rug as usual. I am tired of Rs committing treason and getting away with it, of the media and others apologizing for them and calling it a mistake. I really do not think treason is ever a mistake; it is a deliberate decision.

[onetexan]

4. Yes, there's no question there was violation here

question is how can Dems get Sessions either to recuse himself or be removed from oversight of an independent criminal investigation as Sen. Schumer has demanded.

[razorman03038]

5. It is highly unlikely that the Logan Act will be used.

No one has ever been successfully prosecuted with it. If it were used, I think it would open up a can of worms that no one in D.C. wants. Too many powerful people could potentially be involved, with offenses being widely interpreted. Speaker Jim Wright's, "Dear Comandante" letter in 1984 was a clear violation, but was never prosecuted. Even former President Obama's recent remarks in Paris might be cited as such, by an over-zealous prosecutor. Too many oxes to be gored (in both parties). So, I do not think we will ever see the Logan Act used.