Will Michael Flynn be Prosecuted by the Logan Act?

Image: Toronto Star

On November 30th, Michael Flynn pleaded guilty to lying to the FBI. This raised questions about the Trump administration and the “Logan act.” The Logan Act forbids Americans from unauthorized negotiations with foreign governments, especially those that seek to “defeat the measures of the United States” aimed at those same countries. In short, it protects the ability of the U.S. government to conduct foreign policy without interference from private citizens.”

The Logan Act accusations started in the summer of 2016 when Donald Trump told Russia to find Hillary Clinton’s missing emails. In February, the White House said that they were confident Michael Flynn didn’t say anything that violated the Logan Act. Should the Trump administration be worried? No, no one has ever been prosecuted through the Logan Act. It’s mainly just used as a political scare tactic. Newsweek wrote about how Michael Flynn probably won’t be convicted:

What the Act criminalizes is an unusually harmful subset of communications with foreign governments: ones intended to “defeat” concrete “measures” of the United States, or to undercut the authority of a sitting President by altering how foreign governments will resolve pending “disputes or controversies. In other words, the Logan Act’s limited domain ensures that transitional figures won’t be jailed for swapping pleasantries with foreign leaders or even engaging in substantive foreign-policy discussions with the United States.”

I don’t think Michael Flynn intended to do any of this especially since he’s a decorated general and was on the transition team.

Early Tuesday morning, a U.S District Court judge ordered Robert Muller to turn over any information on Michael Flynn tbe used for sentencing. A sentencing date has not been yet announced, but people have been speculating sometime in February. The majority of political sites are saying that it is going to be hard to prosecute Michael Flynn.

If they would try to prosecute Michael Flynn they would also have to prosecute Nancy Pelosi For violating the law when she went to Syria against the State Department’s wishes. Last year Robert F. Turner chimed in:

Ms. Pelosi’s trip was not authorized, and Syria is one of the world’s leading sponsors of international terrorism. It has almost certainly been involved in numerous attacks that have claimed the lives of American military personnel from Beirut to Baghdad.

Jimmy Carter also violated the Logan act. The OPU blog stated when he visited Hamas in 2008. He said that no one from the State Department told him not to, but Secretary of State Condoleezza Rice had said:

The State Department had explicitly informed Mr. Carter that it opposed his plans to meet with leaders of Hamas.

Will these two ever be tried under the Logan Act?

An Eerie Election in Erie

Image: PBS

In August, I took a brief hiatus from graduate school to accept a job as a political organizer with the Pennsylvania Democratic Party. Although I had initially been a Bernie Sanders supporter in the Democratic primary because of his progressive vision for America, once that ship had sailed, and it was Hillary Clinton versus Donald Trump in the general election I knew what I had to do to ensure that when the dust settled I was on the right side of history. I headed hours away from the comforts of my life in Washington, DC to Erie, Pennsylvania in support of Secretary Hillary Clinton and Democratic ideals. I also went with the aim of helping elect other down-ballot Democratic contenders in elections, bearing Obama’s presidency in mind and being intellectually honest in the fact that a democratic leader means nothing without the right supporting cast around them to assist in bringing their vision to fruition.

I arrived in Erie the day after Democratic vice presidential candidate Tim Kaine had visited to speak to the Erie residents. This visit came weeks after Republican presidential hopeful Donald Trump had made a trek of his own to the top of Pennsylvania to check in on Erie voters and let them know that their votes mattered tremendously. Based on conversations held with locals upon my arrival to Erie, two things immediately became certain. First, residents were more energized by Trump’s visit than they were by Kaine’s because it is a long-standing tradition for presidential hopefuls to stop through Erie. Second, based on the first reality acknowledged, my team and I would have an uphill battle to fight if history was to be made, so we fought.

We traveled to local colleges and schools. We went to community centers and sporting events. Still, a truth remained— many of the millennials we were regularly in contact with realized how toxic a Trump presidency could potentially be for themselves and other groups that make up America, but they also could not come to grips with how Bernie was treated during the primaries.

In a world where Hillary Clinton’s trustworthiness was already on the ballot, the Democratic Party’s actions to undermine Bernie Sanders’ success in the primary coupled with Clinton’s proximity to Debbie Wasserman Schulz immediately following the whole ordeal gave rise to a perception that proved to be almost impossible to shake. For adults in Erie who have had Democratic leadership for the majority of recent memory without much improvement to the lives of everyday people, they were unenthusiastic about the prospect of a Democratic president being able to bring local change that Democratic mayors and senators of the past had failed to deliver. In the world of politics where perception is the reality, these perceptions effectively issued a death-knell to the idea of a Trump-Kaine victory. Donald Trump honed in the perception issues and played to them, constantly decrying how Bernie Sanders had been treated badly and asking what the electorate had to lose by voting for change. With this acknowledgment of wrongdoing at the top of the Democratic Party and the challenge he made to voters to try something different, Trump was able to catalyze a revolution within our loyalist voter base that showed on Nov. 8th when Trump became the first republican to win the state of Pennsylvania in twenty-eight years. A Republican populist with no political experience beating out a well-credentialed Democratic stateswoman taught us all a lesson in transformative politics and shattered all poll predictions.

On the back end of what can only be described as a political revolution, I am left not knowing how to feel. In the earliest days of president-elect Trump, there have been reports of members of the LGBTQ community committing suicide rather than facing an America where their very existence may potentially be challenged every day. There are further reports on social media of intolerant messages being placed on structures, women getting groped and Muslim-Americans being harassed. There have been protests in major cities all across the country, and I would argue that they have been speaking to a very real fear. Cabinet picks are typically one of the earliest indicators of how an administration will be run. Just recently, President-elect Trump has identified Steve Bannon, a man who has no respect for the plurality of this country, as one of his closest advisers. If this pick is to be a gauge of how the Trump administration will govern, Americans are rightfully scared. Given the fact that this nation’s success in now inherently tied to the success of the Trump presidency, I genuinely wish him well. My only hope is that his administration hears the cries made by many Americans, acknowledges them as legitimate concerns, and takes steps to move forward and be a president for all Americans.