Flynn’s fall should have the intel community in the hot seat
Flynn initially said the call was routine and meant to set up a broader conversation between Trump and Russian President Vladimir Putin. He, Vice President Mike Pence and White House Spokesman Sean Spicer subsequently and falsely denied that Flynn had discussed sanctions.
So what’s the legal issue? Some commentators suggest Flynn violated the Logan Act, but this is a red herring. While the Logan Act forbids American citizens from negotiating in their personal capacity with foreign governments in order to resolve disputes with the United States, not only is this constitutionally untested, but Flynn has precedent on his side.
Team Clinton spoke with foreign officials as they prepared to take power after Bill Clinton beat George H.W. Bush in 1992. Before and after Obama triumphed in the 2008 elections, his team reached out to Syrian President Bashar al-Assad to reassure him that Bush’s policy of isolation would end.
More generally, the basis of much-applauded Track II dialogues is to use private but politically connected citizens to float trial balloons.
Simply put, the conversation Flynn had was not illegal.
Flynn initially said the call was routine and meant to set up a broader conversation between Trump and Russian President Vladimir Putin. He, Vice President Mike Pence and White House Spokesman Sean Spicer subsequently and falsely denied that Flynn had discussed sanctions.
So what’s the legal issue? Some commentators suggest Flynn violated the Logan Act, but this is a red herring. While the Logan Act forbids American citizens from negotiating in their personal capacity with foreign governments in order to resolve disputes with the United States, not only is this constitutionally untested, but Flynn has precedent on his side.
Team Clinton spoke with foreign officials as they prepared to take power after Bill Clinton beat George H.W. Bush in 1992. Before and after Obama triumphed in the 2008 elections, his team reached out to Syrian President Bashar al-Assad to reassure him that Bush’s policy of isolation would end.
More generally, the basis of much-applauded Track II dialogues is to use private but politically connected citizens to float trial balloons.
Simply put, the conversation Flynn had was not illegal.