(05-05-2020 11:05 AM)RiceLad15 Wrote:  Would we install the Logan Act today? Absolutely. We want to have protections in place to prosecute people who attempt to pretend they are representatives of the executive branch and aren't.

But Flynn wasn't pretending to be a representative of the then executive branch. He was correctly asserting to be a representative of the incoming executive branch. Do you really, seriously believe that anyone with whom Flynn spoke did not understand that?

He was not a private citizen. He was a representative of the incoming administration. As such, he should be entitled to have discussions with foreign leaders with whom he would shortly be interacting as a representative of the executive branch.

A Logan Act violation is Jane Fonda going to Hanoi. It is not a representative of an incoming administration having preliminary discussions with a foreign counterpart.