Logan Act

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Comey, Flynn, Barr, and Yates

Understanding the Michael Flynn Case: Separating the Wheat from the Chaff, and the Proper from the Improper

What follows is an effort to identify and evaluate many of the most important aspects of the Flynn affair, roughly in chronological order from the Summer of 2016 to today.

Flynn’s Work as Turkey’s Agent While a Transition Official: Judge Sullivan Was at Least Half Right

Michael Flynn may have been working as an unregistered agent of Turkey while serving the United States in an official capacity after all, depending simply on how you define his…

The Collateral Costs of a Logan Act Prosecution

Michael Flynn’s plea hearing last Friday—which I had the good fortune to witness—was accompanied by an extraordinary “Statement of the Offense.”  The document indicates…

Why Trump Associates Should Worry A Lot More About the Logan Act

In a Washington Post Op-Ed, I look into the history of the law that forbids Americans engaging with foreign governments to undermine official policies of the United States. The…

Why You Should Doubt Reports that the First Amendment Would Protect Gen. Flynn from Prosecution under the Logan Act

The Logan Act, a 1799 federal law that makes it a federal felony for a private person to engage in international diplomacy in a way that undermines U.S. foreign policy, has recently…

Q&A: Could Michael Flynn Be Prosecuted Under the Logan Act?

The news from overnight that National Security Adviser Michael Flynn has resigned over his inappropriate pre-Inauguration dealings with Russia has also reinvigorated the debate…

The Other Bombshell in Flynn Story: Contacts during the campaign and Russian hacking

News stories and headlines overnight are focused on the revelation that Michael Flynn discussed sanctions with Russia’s Ambassador in December phone calls, which flatly contradicts…

The President-Elect and the Logan Act

The Washington Post‘s David Ignatius has a really thoughtful new column summarizing the big questions surrounding the President-Elect, Russia, hacking, and the election. As…
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