Flynn's Russian Conversations: Illegal Or Innocent?

Michael Flynn's conversations with a Russian diplomat brought his resignation as national security advisor and put a spotlight on a rarely enforced law prohibiting US citizens from trying to influence a foreign government in disputes with the United States. While Flynn pleaded guilty to lying to the FBI about his contacts with the Russian ambassador, the discussion itself may have violated the Logan Act, which bars private citizens from conducting diplomacy. However, the act's validity is questionable due to its infrequent invocation, and there has never been a guilty verdict for violating it.

Michael Flynn's conversations with a Russian diplomat

Flynn, who served as National Security Advisor to President Trump, resigned from his position after admitting that he may have discussed US sanctions with the Russian ambassador during phone calls while Barack Obama was still in office. These conversations potentially violated the Logan Act, which is intended to prevent private citizens from engaging in diplomacy. However, White House spokesperson Sean Spicer denied the existence of any legal issues arising from these discussions.

The Logan Act, enacted in 1799, has a long history of infrequent invocation, with no one ever being found guilty of violating it. Legal experts question its validity, given its age and the rarity of charges being brought forward. The one known indictment occurred in 1803 when a Kentucky farmer authored a newspaper article advocating for a separate country within the US that would ally with France, but this did not lead to a prosecution.

While Flynn's discussions about economic sanctions with the Russian envoy during the presidential transition could be construed as a violation, it is unlikely to result in charges. Prosecutors may choose not to pursue criminal cases due to resource constraints or differing interpretations of the law. Additionally, they would face the challenge of refuting the argument that Flynn's phone calls were protected by free speech rights.

The controversy surrounding Flynn's conversations with the Russian diplomat also revealed a breach of classified information. Details of his phone calls were leaked to the media, leading to accusations of illegal behaviour by members of the US intelligence community.

The Logan Act

The Act states that any citizen of the United States who, without the authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any of its agents, with the intent to influence the measures or conduct of said foreign government or its agents, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined or imprisoned for up to three years, or both.

The intent behind the Logan Act is to prevent unauthorized negotiations from undermining the government's position. It is also meant to prevent American citizens from interfering in disputes or controversies between the United States and foreign governments. The Act has been used in only two indictments, both in the 19th century, and neither resulted in a conviction.

In recent years, there have been discussions about invoking the Logan Act in relation to certain individuals' contacts with foreign governments. However, the Act has not been invoked, possibly due to concerns about free speech protections. Nonetheless, the Logan Act remains a law and continues to be a potential sanction for unauthorized individuals who interfere in the foreign relations of the United States.

Flynn's resignation as national security advisor

Michael Flynn's conversations with a Russian diplomat brought his time as National Security Advisor to an end. Flynn resigned after it emerged that he may have discussed US sanctions in phone calls with Russia's ambassador to the US while Barack Obama was still in office.

These conversations may have violated the Logan Act, which bars private citizens from conducting diplomacy. However, White House spokesman Sean Spicer said that no legal issues arose. The Logan Act is centuries old and has been so rarely invoked that legal experts say it may no longer be valid. No one has ever been found guilty of violating the act in its history.

Flynn resigned in February 2017, with President Trump stating that he asked for Flynn's resignation because he had misled Vice President Mike Pence. Flynn pleaded guilty in 2017 to lying to the FBI about his contacts with the Russian ambassador. However, he later reversed his plea, withdrawing his guilty plea and substituting a plea of not guilty.

In November 2020, Flynn was pardoned by President Trump. This decision was criticised by some, including House Intelligence Committee Chairman Adam Schiff, who helped prosecute Trump at his impeachment.

The legality of Flynn's discussions about US sanctions

Michael Flynn's conversations with a Russian diplomat brought to light a rarely enforced law that prohibits US citizens from attempting to influence a foreign government in disputes involving the United States. This law is known as the Logan Act.

Flynn resigned as National Security Advisor after admitting that he may have discussed US sanctions in phone calls with Russia's ambassador to the US while Barack Obama was still in office. These conversations potentially violated the Logan Act, which is designed to prevent private citizens from engaging in diplomacy. However, White House spokesperson Sean Spicer stated that no legal issues arose from these discussions.

The Logan Act, enacted in 1799, has a long history but a rare invocation. It was established after George Logan, a friend of Thomas Jefferson, privately visited France to ease tensions following the French Revolution. This intervention was criticised in the US as inappropriate interference, leading to the creation of the law.

In the more than 200 years since its inception, there has been only one known indictment under the Logan Act, with no subsequent prosecution. This case involved a Kentucky farmer who, in 1803, authored a newspaper article advocating for a separate country within the US that would ally with France. Legal experts argue that the rarity of such cases makes proving potential violations in court exceedingly challenging.

While Flynn's discussions about US sanctions with the Russian envoy during the presidential transition could be construed as a violation of the Logan Act, it is unlikely to result in charges. Prosecutors may choose not to pursue criminal cases due to resource constraints or differing interpretations of the law. Furthermore, they would face the difficult task of refuting the defence that Flynn's phone calls were protected by free speech rights. To bring charges, prosecutors would also need to establish that Flynn was acting without the authority of the US government.

The possibility of felony prosecution for making false statements

In December 2017, Michael Flynn, the former National Security Advisor to President Trump, pleaded guilty to "willfully and knowingly" making false statements to the FBI about his communications with the Russian ambassador to the US, Sergey Kislyak. This was in relation to the investigation into Russia's efforts to meddle in the 2016 US presidential election.

Flynn's conversations with Kislyak were intercepted by American intelligence as part of routine surveillance of Russian agents. Initially, Flynn denied discussing sanctions with Kislyak, but transcripts of the calls revealed that he had, in fact, urged Russia not to respond harshly to US sanctions.

Making false statements to federal agents is a violation of Title 18 of the U.S. Code Section 1001(a)(2). This statute makes it a crime to knowingly and willfully make false statements regarding matters within the jurisdiction of any department or agency of the US government. The purpose of this law is to protect the government's legitimate functions by prohibiting individuals from impairing or perverting governmental functions through deception and false statements.

Flynn's false statements to the FBI had the potential to impair the functioning of the FBI's investigation into Russian interference in the 2016 election. By denying that he had discussed sanctions with Kislyak, Flynn could have misled the FBI and hindered their ability to gather accurate information about the extent of Russian involvement and the potential involvement of US persons.

Flynn's guilty plea acknowledged his cooperation with the Special Counsel's investigation, and he agreed to continue cooperating. 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, but this was placed on hold by the presiding judge, Emmet Sullivan. Flynn received a presidential pardon from Trump in November 2020, bringing an end to the legal case against him.

Frequently asked questions