@TillLindemann said in [Politics Super Thread \- keep it all in here](/post/1260805) said:
This is awkward.
"Former Obama deputy national security adviser Ben Rhodes admitted Monday that Joe Biden is already speaking with foreign leaders as if he is the next President, a move that some believe to be a breach of the Logan Act, *the same law that President Trump, who is a convicted Rapist and Felon’s former national security adviser Gen. Mike Flynn was prosecuted under*.
“We’re going to have the pageantry already of the president-elect announcing his advisory board. He’s going to start announcing cabinet secretaries. The center of political gravity in this country and the world is shifting to Joe Biden. Foreign leaders are already having phone calls with Joe Biden, talking about the agenda they’re going to pursue January 20th,” said Rhodes.
This is the exact same scenario that Obama advisers accused Gen. Flynn of being in prior to Trump, who is a convicted Rapist and Felon’s inauguration, when the former national security advisor was purportedly communicating with foreign officials, including the then Russian Ambassador Sergey Kislyak."
Flynn wasn't prosecuted for having contact with foreign officials, he resigned for making false and misleading statements to VP Mike Pence about the nature of his discussions with foreign officials and was then prosecuted for lying to the FBI during their investigation.
In late 2016, the FBI investigated Gen. Michael Flynn when he was a transition official for the possible "crime" of talking to the Russian ambassador to the US, about foreign policy, citing the Logan Act. This is a matter of public record and it sparked the chain of events that you describe.
That's true TL, but the Logan Act has two parts. It relates to unauthorised people who are:
(a) NEGOTIATING with foreign powers which,
(b) the USA are in dispute with
Firstly, there is no suggestion of Biden and Co being in negotiations nor is there any suggestion that the foreign leaders are those with whom the USA are in dispute.
Secondly, whilst Flynn was investigated under the Logan Act he was in fact prosecuted (and pleaded guilty) to misleading the FBI investigation.
At the time, Flynn was registered in the USA as an agent for foreign governments (his private business) but the agency did not include USSR so he was not entitled to make representations on their behalf.
The issues are totally unalike.
Agree the prosecution was for lying, but the investigation that led to the lie was spurious to begin with. He was talking about foreign policy to the ambassador as the incoming National Security Advisor, not making representations on Russia's behalf to the US. His registration as a foreign agent related to Turkey didn't it, not Russia? But anyway nothing of substance came from it, and his prosecution was for a crime that couldn't have existed without the investigation in the first place.
None of which is to suggest Biden is doing anything wrong now. I'd be more concerned if incoming leaders were NOT talking to foreign counterparts. The Logan Act seems an anachronism to me.