The Logan Act, codified at 18 U.S.C. § 953, states:
“Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly (Emphasis mine) commences or carries on any correspondence or intercourse with any foreign government or 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, shall be fined under this title or imprisoned not more than three years, or both. This section shall not abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects.” (June 25, 1948, ch. 645, 62 Stat. 744; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) I would also suggest reading the following section: § 954.
The following brief interpretation of the Act is presented by Michael V. Seitzinger, Legislative Attorney writing with the Congressional Research Service. The service published the information on March 11, 2015:
“The Logan Act was intended to prohibit United States citizens without authority from interfering in relations between the United States and foreign governments. There appear to have been no prosecutions under the act in its more than 200-year history. However, there have been a number of judicial references to the act, and it is not uncommon for it to be used as a point of challenge concerning dealings with foreign officials
“There has been renewed interest in the Logan Act in 2015 as the result of a letter signed by 47 U.S. Senators to Iran suggesting that negotiations about a nuclear deal between the President and the Iranian leadership would be an executive agreement that another President or Congress would be able to abrogate. Some have raised questions about the constitutionality of the act, whether it applies to Members of Congress, and its current viability.
“Commentators have provided arguments that both support and oppose the legality of the Senators’ letter. Although attempts have been made to repeal the act, it remains law and at least a potential sanction which could be used against anyone who without authority interferes in the foreign relations of the United States.”
There has only been one indictment using The Logan Act as its basis. That was of a Kentucky farmer who wrote an article in a Frankfort, Kentucky newspaper favoring severing the western States into a new country. No prosecution was effected.
There have been many accusations of violations of the Act, but no prosecutions have been effected from them.
From today’s version of Wikipedia comes some more current news. The Wiki article on the Act has some interesting historical narrative. I recommend it to you—advising you that it is Wikipedia.
:
In July 2016, U.S. Secretary of Agriculture Tom Vilsack accused Donald Trump of encouraging the Russian government to hack the email of Hillary Clinton, Trump's opponent in the 2016 Presidential Election. Several other Democratic Senators claimed Trump's comments appeared to violate the Logan Act.[16][17] Laurence Tribe, a constitutional law professor at Harvard Law School, also commented on the incident saying, "Trump's "jokes" inviting an adversary to wage cyberwar against the U.S. appear to violate the Logan Act and might even constitute treason."[18]
On December 29, 2016, retired lieutenant general Michael T. Flynn, President-elect Trump's pick for national security adviser, spoke with Russian ambassador Sergey Kislyak, the exact same day the Obama administration announced retaliatory measures in response to Russia's interference in the 2016 presidential campaign.[19]” (en.wikipedia.org/...)
Current news sources, including the Washington Post I (I recommend watching the video attached to this report for more info) and the New York Times have written, and are following up on stories indicating that the “conversations” did not originate on December 29th, 2015, but did in fact originate long before the General Election of 2016 took place. Nine sources have confirmed this story so far. National Security agencies have also lent severe credence to this allegation.
This is not the first potential problem for the Trump administration: it is the latest in an ever-growing litany of problems that highlight “alternative facts” and outright prevarication: Lying.
As the ranking Democrat on the House Inquiry Committee told Rachel Maddow last night:
“If the facts alleged should turn out to be accurate and true, Director Flynn and others will have much more than the Logan Act to worry about. “ I completely agree. I just am not certain anything that could be done will be done. And that is the basis of my greatest concern.
CNN has an interesting panel discussion on this matter today. It’s worth a watch for the latest information. First, Flynn (and others) flatly denied the allegations. Then the two reports referenced nine (9) current and former intelligence community who were willing to verify the facts surrounding the allegations. Then, via a spokesperson, Flynn wasn’t sure the conversation didn’t take place. Timing is important in politics like it is in a stand-up comedian’s career. the newest, ongoing question is: “What comes next?” That is not merely a question for the Trump administration. It is a question for citizen, as well.
And yes, there is a Congressional inquiry into this ever-expanding “newest” concern for the President and his administration. He says he will “look into it”.
I think it is time we have a grown-up discussion about this administration, and just exactly what it is all about, what its intentions are, and what we should do about it.
As the lies keep coming, the temperature is rising in our land. Chaos is wearying, and I would submit purposely so. Here we have a situation where some terribly destructive words are being bandied about. “Looking into” accusations of this magnitude just doesn’t do it for me.
I hope, and pray it doesn’t do it for you, either. So. What are YOU going to do about it?
(Photo courtesy of FreeImages-Photo by Patrick Moore)
