Saturday, January 20, 2018

In Trump-Russia probe, was it all about the Logan Act?

The documents outlining Michael Flynn's guilty plea in the Trump-Russia investigation do not allege collusion or conspiracy between the Trump campaign and Russia to influence the 2016 election. They do, however, suggest that the Obama Justice Department was intensely interested in Flynn's discussions with Russian ambassador Sergey Kislyak about policy issues — sanctions against Russia, a United Nations resolution on Israel — during the presidential transition, when Barack Obama was still in the White House and Donald Trump was preparing to take office.
At the time, top Justice officials suspected Flynn of violating the Logan Act, the 218-year-old law under which no one has ever been prosecuted, that prohibits private citizens from acting on behalf of the United States in disputes with foreign governments. Starting in the summer of 2016 and intensifying in the transition period, the Logan Act, while mostly unknown to the general public, became a hot topic of conversation among some Democrats. A number of lawmakers, former officials, and commentators called on the Obama administration to investigate the Trump team for a possible Logan Act violations — and to do it while Democrats still controlled the executive branch.

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