Flynn's Actions: Sedition Or Lawful?

Michael Flynn, a retired US Army Lieutenant General, was the National Security Advisor for the first 22 days of the Trump administration. He resigned in 2017 after reports emerged that he had misled Vice President Mike Pence and others about his communications with Sergey Kislyak, the Russian ambassador to the US.

Flynn pleaded guilty to lying to the FBI about his contacts with Kislyak and admitted to urging the ambassador not to respond to sanctions imposed by the Obama administration in retaliation for Russian election interference. He also admitted to lying about Turkish lobbying and research work.

Flynn's sentencing was delayed several times, and he eventually withdrew his guilty plea, claiming government vindictiveness and breach of the plea agreement. He was pardoned by President Trump in November 2020.

While Flynn may have violated the Logan Act and the law against making a false statement, it is unlikely that he will be prosecuted for these offences.

Did Michael Flynn break the law?

Michael Flynn, a retired United States Army lieutenant general, was the 24th U.S. National Security Advisor. He served for 22 days at the start of the Trump administration before resigning.

Flynn's resignation came about due to reports that he had lied about conversations with Sergey Kislyak, the Russian ambassador to the United States. He was also accused of misleading Vice President Mike Pence and others about the nature and content of these communications.

In December 2017, Flynn agreed to plead guilty to a felony count of "willfully and knowingly" making false statements to the FBI about the Kislyak communications. However, in January 2020, Flynn moved to withdraw his guilty plea, claiming government vindictiveness and breach of the plea agreement. In May 2020, the Justice Department filed a motion to drop all charges against Flynn. In November 2020, Flynn was issued a presidential pardon by Trump.

Flynn's actions may have violated two laws: the obscure Logan Act and the law against making a false statement. However, it is unlikely that either avenue of prosecution will be pursued.

In addition to the above, Flynn has been accused of sedition. In the days following his pardon, Flynn advocated the views of a fringe organization called Veterans for Trump, which supported the idea of Trump declaring martial law, suspending the Constitution, and overturning the results of the 2020 Presidential Election.

What is sedition?

Sedition is the act of inciting resistance to or insurrection against lawful authority. It is often associated with subversion of a constitution and incitement of discontent toward, or insurrection against, established authority. Sedition may include any commotion, though not aimed at direct and open violence against the laws.

The term "sedition" first appeared in the Elizabethan Era (c. 1590) as the "notion of inciting by words or writings disaffection towards the state or constituted authority". The law developed in the Court of Star Chamber, relying on longstanding scandalum magnatum statutes and a broad repressive act of Mary I against literature that contained "the encouraging, stirring or moving of any insurrection".

In the later Roman Republic, seditio (lit. 'going apart') referred to the offence of collective disobedience toward a magistrate, which included both military mutiny and civilian mob action. Leading or instigating seditio was punishable by death.

In modern times, sedition laws have been amended or repealed in several countries, including the United States, the United Kingdom, New Zealand, and Australia. However, sedition remains a punishable offence in some jurisdictions, such as Canada and India.

What is the Logan Act?

The Logan Act is a United States federal law enacted on January 30, 1799, that forbids private citizens from engaging in unauthorized correspondence with foreign governments. The Act was passed following George Logan's unauthorized negotiations with France in 1798, and was signed into law by President John Adams. The Act was amended in 1994, changing the penalty for violation from a $5,000 fine to an unspecified fine. Violation of the Logan Act is a felony, punishable by imprisonment of up to three years.

The Act 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.

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.

The Logan Act was passed to prevent any individual from corresponding with a foreign government without permission from the U.S. government. It has been used in only one indictment (in the early 19th century), but that case was never prosecuted.

Despite attempts to repeal the Act, it remains law and is at least a potential sanction to be used against anyone who interferes in the foreign relations of the United States without authority.

What is the history of sedition in the US?

The history of sedition in the US dates back to the late 18th century and the early years of the republic. The Federalist Party, led by Alexander Hamilton, passed the Alien and Sedition Acts in 1798. These laws made it a crime to publish "false, scandalous, and malicious writing" against the government or Congress. The Acts also allowed the president to imprison and deport immigrants considered dangerous.

The Sedition Act, in particular, caused a backlash, with Thomas Jefferson and James Madison secretly writing resolutions in Kentucky and Virginia that argued for the right of states to nullify federal laws that were deemed unconstitutional. This became known as the Kentucky and Virginia Resolutions. Jefferson, who was vice president at the time, even went as far as to say that he would lead a movement for secession if the federal government did not return to "the true principles of our federal compact".

The Alien and Sedition Acts were never enforced and were allowed to expire under Jefferson's presidency. However, they set a precedent for limiting free speech during times of war. During World War I, for example, the Espionage Act of 1917 and the Sedition Act of 1918 made it a crime to express opinions that could be construed as disloyal to the US government. These laws were used to prosecute people for speaking out against the war or the draft.

In more recent times, the Smith Act of 1940 made it illegal to advocate for the overthrow of the US government and required all non-citizen adults to register with the government. This Act was used to prosecute socialist leader Eugene V. Debs and to target communist and socialist groups during the Cold War.

While the exact law that Michael Flynn may have broken is unclear, sedition charges have been brought against other high-profile individuals in recent years. For example, in 2020, a group of militia members were charged with conspiring to kidnap Michigan Governor Gretchen Whitmer. They were accused of plotting to violently overthrow the government and were charged with conspiracy to commit sedition, among other crimes.

What was the outcome of the case?

The outcome of the case against Michael Flynn was a guilty plea and a subsequent pardon. In December 2017, Flynn agreed to plead guilty to a felony count of "willfully and knowingly" making false statements to the FBI about his communications with Russian ambassador Sergey Kislyak. However, in January 2020, Flynn moved to withdraw his guilty plea, claiming government vindictiveness and breach of the plea agreement. In May 2020, the Department of Justice (DOJ) filed a motion to dismiss the criminal information against Flynn, but this was placed on hold by the presiding federal judge, Emmet Sullivan. After a series of legal back-and-forths, Flynn received a presidential pardon from Donald Trump in November 2020, and the criminal case against him was dismissed as moot in December 2020.

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