The persevering with prosecution of Michael Flynn is a miscarriage of justice on many ranges, however one angle that deserves extra consideration is the reliance by Justice officers on the Logan Act as an investigatory excuse.
The Logan Act is the appendix of U.S. statute books, a regulation that serves no helpful goal. The 1799 regulation bars personal residents from intervening in disputes between the US and overseas governments. No American has ever been convicted beneath the regulation, although it’s typically exploited for political ends. President Trump has picked up the Logan chant in attacking former Secretary of State John Kerry’s personal talks with Iran’s overseas minister.
The regulation was particularly doubtful in utility to Mr. Flynn, who as Mr. Trump’s appointee as nationwide safety adviser in late 2016 and early 2017 would naturally speak to overseas officers. He wanted to get to know folks he would quickly cope with. Obama Administration officers apparently resented that Mr. Flynn was discussing President Obama’s December 2017 sanctions in opposition to Russia for meddling within the U.S. election with the Russian ambassador to the U.S. But regardless of the knowledge of his conversations, the Logan declare is foolish.
The Justice Division made this clear two weeks in the past in its court docket submitting looking for to drop its prices in opposition to Mr. Flynn. The submitting explains that even the Obama Justice Division deserted a potential Logan cost as too “tough to prosecute,” a motive the FBI by no means opened an impartial felony investigation on a Logan foundation.