Forget Flynn; Logan Act Could Ensnare Top Establishment Insiders

Globalists and establishment types, watch out. The establishment media-driven brouhaha over Trump's national security advisor Lt. General Michael Flynn, who just resigned amid the controversy, has resurrected talk of an obscure U.S. law known as the Logan Act. Passed more than 200 years ago, the federal statute makes it a crime for Americans to seek to influence the policies of foreign governments without official permission from U.S. authorities. And Flynn aside, there are plenty of Americans in that category — potentially including top power-brokers ranging from Obama and House Minority Leader Nancy Pelosi to senior globalists and Bilderberg bigwigs including David Rockefeller and Henry Kissinger. 

Anti-Trump forces and the establishment media organs they control have alleged that Flynn's phone call with the Russian government's U.S. ambassador may have run afoul of the 1799 statute. At the time of the phone call, Flynn was a top official on Trump's transition team. But the globalists, Democrats, and others touting the Logan Act should be very careful what they wish for. If the act were to actually be enforced, more than a few globalists and senior members of the ruling establishment might find themselves behind bars.

In over 200 years, not a single person has actually been prosecuted under the Logan Act so far. But in their zeal to go after Trump and his officials for every real and imagined misstep, establishment media organs and propagandists have argued that Flynn violated the act. “Based on what has been publicly reported, it looks like Flynn may have violated this law,” wrote University of Georgia law professor Page Pate in a piece for CNN, widely ridiculed by conservatives and Trump supporters as “fake news.” Numerous establishment media organs carried similar claims.

The law in question reads: “Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.”

Page, the law professor from Georgia, suggested that Flynn ought to be prosecuted under the law, and dismisses concerns by critics about using it. “There are literally hundreds of federal crimes in the federal code that are rarely, if ever, used,” he wrote, addressing the point by Flynn defenders that the statute has never been used to prosecute anyone. “While I personally think that many of these obscure federal ´crimes´ are outdated, misguided and patently unconstitutional, that doesn't change the fact that they are still on the books.” And so, Flynn should be prosecuted, Page argues.   

Details in the ongoing saga surrounding Trump's former adviser are still hazy. But it appears that Lt. Gen. Flynn, who oversaw the U.S. Defense Intelligence Agency during Obama's term and argued against Obama's criminal policy of arming terrorists before joining Trump as national security advisor, had a phone conversation in late December with Russian ambassador Sergey Kislyak. What was discussed was not immediately clear.

Flynn was accused by leakers within the Trump administration — reportedly elements of the globalist “deep state” determined to sabotage Trump — of giving the ambassador the impression that Trump would lift Obama's sanctions on the Kremlin upon being sworn in. What exactly was said on the call, which was apparently intercepted by U.S. spy agencies, will undoubtedly remain the subject of much controversy. But because Trump was not yet in office, anti-Trump voices claimed that it may have been a violation of the Logan Act.

With the media hyping the story as if it were the next Watergate, Flynn resigned this week. In addition to the alleged Logan Act concerns, it was also claimed that Flynn may have provided inaccurate information on the call in question to Vice President Mike Pence and other officials. The Trump administration, though, made clear that the resignation was due to a loss of trust between Trump and Flynn, and had nothing to do with the alleged “legal concerns” that the establishment media, Democrats, and anti-Trump agitators have been shrieking about.

Of course, as a senior member of Trump's transition team, Flynn was hardly a “private person” seeking to influence another government's policy. In fact, the White House spokesman specifically said that Trump's legal counsel had investigated the matter and determined that there were no legal issues involved. “There was nothing that the general did that was a violation of any sort,” White House Press Secretary Sean Spicer said in a Tuesday press briefing. “He was well within his duties to discuss issues of common concerns between the two countries.”

Still, Democrats in Congress refused to let go of the issue, perhaps hoping to keep Trump on defense as they try to undermine his campaign to “drain the swamp.” On Monday, Democrats on the House Oversight and Government Reform committee called on Chairman Jason Chaffetz (R-Utah) to pursue an investigation of Flynn. Citing establishment media hysteria, the letter claims Flynn “secretly discussed with the Russian ambassador, in possible violation of the Logan Act, sanctions imposed by President Obama.”

But the Democrats and their establishment media allies should think very carefully about their strategy. Ironically, it seems that a much stronger case could be made that Obama and House Minority Leader Nancy Pelosi have both violated the Logan Act. A 2008 article by Pamela Meister published by Accuracy in Media laid out the case against both clearly.   

In 2008, while Bush was in the White House, then-Senator Obama went to Iraq to try, “in private,” to persuade Iraqi officials to “delay an agreement on a draw-down of the American military presence” until after the election. Of course, Obama was not authorized by Bush to try to influence the Iraqi government's policies, suggesting a clear-cut violation of the Logan Act took place. The establishment media said nothing about the law.  

Then-House Speaker Nancy Pelosi engaged in similar activities that would seem to represent a much more obvious violation of the Logan Act than anything Flynn is accused of doing. In 2007, Pelosi went to Israel and Syria. While in Damascus, she reportedly told Syrian dictator Bashar al Assad that Israeli officials were ready for peace talks. Israeli officials were stunned, and the U.S. State Department blasted the entire visit, saying it did not want Pelosi meddling in Syria or anywhere else. Again, the establishment media was missing in action when it came to Pelosi's apparent violation of the Logan Act.      

Many of Pelosi's colleagues could also be prosecuted under the Logan Act, according to experts. “If Flynn had discussions with Kislyak and, through that, the Russians, and he discussed a wide variety of topics, forget the Logan Act because half of Congress since the 1980s would be in prison if the Logan Act were enforced,” said Ed Turzanski, the John Templeton Fellow at the Foreign Policy Research Institute.

The latest brouhaha over the Logan Act is rare, but the statute does occasionally make headlines in the United States. Most often, in recent years, at least, the law has surfaced in the alternative media in connection with the annual Bilderberg summit, a powerful network founded by Nazi SS member Prince Bernhard that b...who display the right attitudes. In 2012, Alex Jones, one of America's most popular and influential talk-radio hosts, declared that the American attendees were violating the statute and should be prosecuted.   

“This is illegal,” declared Jones, famous for using a bullhorn to lambaste elite attendees from afar, as he led chanting “Occupy Bilderberg” protesters outside the gathering in Chantilly, Virginia. “Government officials meeting and discussing policy with private interests in secret, or representatives of other governments, is a violation of the Logan Act.” More than a few activists, journalists, and others made similar statements.

As is the case every year, there were numerous prominent Americans in attendance at the secretive summit. Among them: then-NSA chief General Keith Alexander; Thomas Donilon, Obama’s former National Security Adviser; former U.S. National Security Adviser and “New World Order” promoter Henry Kissinger; failed GOP Presidential hopeful and former Utah Gov. Jon Huntsman; ex-Senator John Kerry (D-Mass.); former World Bank boss Robert Zoellick; Council on Foreign Relations (CFR) Co-Chair and former Treasury Secretary Robert Rubin; and many others. None were charged under the Logan Act, despite presumably lacking official permission to influence other governments’ policies.   

The year before that summit, then-Congressman Ron Paul (R-Texas), a constitutionalist and a legendary figure in the liberty movement, also called for an investigation into possible violations of the Logan Act by Bilderberg attendees — specifically former Texas Governor Rick Perry. “This information about him going over there and violating the Logan Act and getting involved, I’m just impressed that that’s in the ordinary media — I think that’s encouraging, too,” Paul said during an interview on talk radio, saying that Perry’s attendance was “a sign that he’s involved in the international conspiracy.”

In 2014, Bilderberg attendee Diederik Samsom, then leader of the Socialist International-aligned Dutch Labor Party, confirmed to this writer and others outside the meeting in Copenhagen that, despite Bilderberg claims to the contrary, attendees are involved in influencing policy. Asked if he was there in an informal capacity, he responded: “Well, I’m formal, because being a politician, you’re 24/7, so there’s no way of exiting my role.” Numerous other attendees and leaders have made similar statements over the years, showing conclusively t... is indeed set at the summit.

One top establishment figure who has likely violated the Logan Act on multiple occasions is globalist “bankster” David Rockefeller, a leading figure behind the Council on Foreign Relations, the Bilderberg network, and the Trilateral Commission. Like other members of his dynasty, influencing policy around the world is par for the course when it comes to the current Rockefeller pat.... And in his case, he bragged about what would seem to be an obvious violation of the Logan Act in his own autobiography, Memoirs, published in 2002.  

“Some even believe we [the Rockefellers] are part of a secret cabal working against the best interests of the United States, characterizing my family and me as internationalists and of conspiring with others around the world to build a more integrated global political and economic structure — one world, if you will,” Rockefeller explains in his book. “If that's the charge, I stand guilty, and I am proud of it.”

Another leading globalist who regularly meets in private with foreign officials is former Secretary of State Henry Kissinger, who constantly promotes his vision of a totalitarian “New World Order.” Among other foreign officials, Kissinger regularly meets with the Kremlin's Vladimir Putin and top officials from the mass-murdering Communist Chinese dictatorship. If anyone should be under suspicion of violating the act, it is Kissinger, who openly works toward imposing regional and the global governance on humanity.   

At this point, it appears that Democrat and media claims that Flynn may have violated the Logan Act are beyond ridiculous. After all, he was not a “private person” in any sense of the word, but a top official of the incoming president. But revisiting the Logan Act and using the law to prosecute those establishment globalists who violate it would be an excellent idea. Perhaps U.S. Attorney General Jeff Sessions could dust it off and start seeking evidence of violations by subpoenaing Bilderberg steering committee members' correspondence.

Photos at top (from the left): Barack Obama, Nancy Pelosi, David Rockefeller, and Henry Kissinger

Alex Newman is a correspondent for The New American, covering economics, education, politics, and more. He can be reached at anewman@thenewamerican.com. Follow him on Twitter @ALEXNEWMAN_JOU.

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https://www.thenewamerican.com/usnews/crime/item/25395-forget-flynn...

Logan Act

The Logan Act (1 Stat. 61318 U.S.C. § 953, enacted January 30, 1799) is a United States federal law that details the fine and/or imprisonment of unauthorized citizens who negotiate with foreign governments having a dispute with the United States. It was intended to prevent the undermining of the government's position.[2] The Act was passed following George Logan's unauthorized negotiations with France in 1798, and was signed into law by President John Adams on January 30, 1799. The Act was last amended in 1994, and violation of the Logan Act is a felony.

To date, only one person has ever been indicted for violating the Act's provisions.[2] However, no person has ever been prosecuted for alleged violations of the Act.[2]

Text[edit]

§ 953. Private correspondence with foreign governments.

Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.
This section shall not abridge the right of a citizen to apply himself, or his agent, to any foreign government, or the agents thereof, for redress of any injury which he may have sustained from such government or any of its agents or subjects.

1 Stat. 613, January 30, 1799, codified at 18 U.S.C. § 953 (2004).

Constitutional authority for foreign relations[edit]

Article II, Section 2, Clause 2 of the United States Constitution includes the 'Treaty Clause,' which empowers the President of the United States to propose and chiefly negotiate agreements, which must be confirmed by the Senate, between the United States and other countries, which become treaties between the United States and other countries after the advice and consent of a supermajority of the United States Senate.

[The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur...

In United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936), Justice Sutherland, writing for the Court, observed,

"[T]he President alone has the power to speak or listen as a representative of the nation. He makes treaties with the advice and consent of the Senate; but he alone negotiates. Into the field of negotiation the Senate cannot intrude; and Congress itself is powerless to invade it. As Marshall said in his great argument of March 7, 1800, in the House of Representatives, 'The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations.'

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Great! I want to see a Jeff Sessions Dept. of Justice lock up some of these long time miscreants. Starting with someone like John McCain would be absolutely fine with me. From there, we'll just continue to check off the other boxes on the long list - as they are dealt with. NEXT!

They won't have to go far back for McCain, after that crap he just tried to pull with Australia.  That should NAIL him.

find the leaks and bring on the justice NOW

Use the LAW against these traitors. Use the Constitution to wake up the people (who are not already).

There is so much ready and available, just from the Constitution, that could take people down. Precedence for renewed background checks, to root out subversives. It is already there, waiting on us to use.

The Constitution and the Law are our swords.

how about ex-presidents Carter and Clinton going overseas to affect other governments' policies, or Jesse Jackson, or even Dennis Rodman?? Either enforce the damn law or repeal it.. 200 years without enforcement, geeze. In the land now of infinite laws none are seemingly ever repealed.

(?? 2 paragraphs declaring Alex Jones as popular and influential??, c'mon now)

Dennis Rodman being cozy with Kim Jong Un...........makes me wanna' puke.  

yeah Marilyn - that was pretty bad.

.. he always has disgusted me, even being on the same court as Michael Jordan always seemed a little disgusting  ;' /

Let's get the ball rolling, and use McCain to make the first example of:

Busted: John McCain Talks Sanctions, Foreign Policy With Russian Pranksters Posing As Ukrainian PM

http://www.dcclothesline.com/2017/02/17/busted-john-mccain-talks-sa...

The Logan Act applies to those US Citizens NOT AUTHORIZED to conduct diplomatic negotiations or talks... However, Gen. Flynn as part of the Official President Elects Transition Team... is an authorized public official... under the Presidential Transition Act of 2010-2016... which provides official status to those agents of the President Elects Transition Team... The Logan Act doesn't apply to Gen. Flynn who was acting as Trump's Transition Team's National Security Advisor.

In addition there is a Presidential Executive Order... "Facilitation of Presidential Transition" provides more details that authorize the incoming President Elects team with lawful authority to coordinate with government agents during the transition of power... too, include such holding necessary discussions with foreign powers, to ensure national security and the effective transition of power between the existing Administration and incoming Administration.

See:

https://fas.org/sgp/crs/misc/RS22979.pdf

https://obamawhitehouse.archives.gov/the-press-office/2016/05/06/ex...

The idea that Gen. Flynn acted unlawfully is ridiculous and another of the 'Fake News' apparatus's attempts to discredit the Trump Administration.

Col

you point out - US Citizens NOT AUTHORIZED to conduct diplomatic negotiations or talks

I'm only a couple/3 hours into my curiosity about the LOGAN ACT, and am rumming over something I'd like your opinion on;

per publicized description of what Clinton Foundation was about - the very successes they claim(ed) was brokering policy deals between nations. Given the condition you point out, would an ex-president still be assumed that authority?

No, an Ex-President has no authority UNLESS he is specifically authorized by Congress or the Administration to intervene in an official capacity.  The Clinton Foundation and its people are likely all guilty of violations of the Logan Act.  All US NGO's without a specific charter authorizing them to negotiate with foreign powers, issued by the US Government, are likely guilty of the Logan Act.

The MSM has opened up a can of worms here that could bring down a lot of US NGO's, foundations and other civilian agencies...most on the left ... who are in effect negotiating as agents of the government without authority... unauthorized civil lobbying of foreign powers, and coordinating with US government members.... is illegal under the Logan Act.

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Political Cartoons by AF Branco

Political Cartoons by Tom StiglichPolitical Cartoons by AF Branco

ALERT ALERT

Fact Check:   'Joe Biden Claims ‘We Didn’t Lock People Up In Cages’

CLAIM: Former Vice President Joe Biden claimed, on immigration: “We didn’t lock people up in cages.”

VERDICT: FALSE. The “cages” were built by the Obama-Biden administration.

Univision moderator Jorge Ramos asked Biden at the third Democrat debate at Texas Southern University in Houston, Texas, why Latinos should trust him after the Obama administration continued deporting “undocumented immigrants.”

Biden claimed that the Obama administration’s policies were more humane than those of President Donald Trump: “We didn’t lock people up in cages,” he said.

In fact, the “cages” were built by the Obama administration to deal with a surge of unaccompanied minors who crossed the border illegally in 2014.

Originally, the Obama administration was “warehousing” children — literally — in overwhelmed Border Patrol facilities. Breitbart News broke the story of the surge, which was partly triggered by Obama’s policy of allowing illegal alien children who entered the country as minors to stay in the country (Deferred Action for Childhood Arrivals, or DACA).

Above image credit: AP Photo/Ross D. Franklin, Pool, File

The above photo was published by the Associated Press in June 2014, and the photo below is of Obama’s Secretary of Homeland Security, Jeh Johnson, touring a Border Patrol facility with “cages.”


Above: Border Patrol officers escort Homeland Security Secretary Jeh Johnson and Gov. Jan Brewer through the department’s Nogales processing facility for immigrant children. (Photo courtesy Barry Bahler/Department of Homeland Security)

The “cages” are chain-link enclosures in Border Patrol processing facilities that are meant to protect children from adults in custody. They are not permanent accommodations.

In mid-2018, as the Trump administration began enforcing a “zero tolerance” policy that stopped the “catch-and-release” policy of letting illegal aliens go after they were arrested. Detaining adults and children meant that children had to be processed separately; the enclosures prevented adults from harming children.

As Breitbart News reported at the time, children were not housed in “cages.” They were processed and then taken to shelters, where they were given medical care, toiletries, education, recreation, and counseling, and where staff attempted to find relatives or sponsors to whom they could be released.

Democrats began tweeting images of “kids in cages” to condemn the Trump administration. Journalists, too, shared those images.

One problem: they were taken during the Obama administration.

Public outrage at the images led President Trump to end the policy, and require families to be detained together.

Democrats keep repeating the mistake, however: in July, they had to delete a tweet that used an image from the Obama era and cited the “inhumane treatment” of children by the Trump administration.

Republicans argue that not detaining illegal aliens is actually the cruel policy, because it encourages migrants to undertake a dangerous journey, often guided by cartels and smugglers.

As Breitbart News’ Alana Mastrangelo noted recently:

But what’s worse than “cages,” however, are reports of migrant children also being handed over to human traffickers during the Obama administration — while Biden was vice president — according to the New York Times. Between October 2013 and July 2015 alone, nearly 80,000 unaccompanied children from Central American countries were detained by U.S. authorities.

It remains unclear how many of the tens of thousands of children were handed over to human traffickers — including sex traffickers — during that span of nearly two years, as those cases are reportedly not tracked.

“Others were ransomed by the very smugglers to whom their families paid thousands of dollars to sneak them into the United States,” reported the New York Times in 2015, during Obama’s presidency and Biden’s vice presidency. “Some lost limbs during the journey or found themselves sold into sexual slavery.”

Biden told voters in South Carolina last month that he would close all border detention facilities, guaranteeing that the migrant flow would continue.

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