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December 5, 2017
On Flynn, the Logan Act dog won't hunt
Apparently, the upshot on Mr. Mueller and the Flynn plea bargain is that there is not a shred of evidence that anybody remotely connected to Team Trump sought out illegal Russian help in the 2016 elections. No, it's all about a Logan Act violation after the election, when Mike Flynn asked the Russians to veto a U.N. resolution condemning Israel! That's kind of an interesting hill for the Trump-haters to want to die on – especially all those Republican NeverTrump Israel hawks (Kristol, Boot, Rubin, etc.).
Now, the Logan Act is dead-letter law, just like its repealed cousins, the Alien and Sedition Acts. It could never be successfully used today under 1st Amendment case law. No one has ever even been brought to trial under it. But gotta get Trump, and any old thing will do, I guess.
I even see where two law professors have just a written a rather lame and unconvincing defense of the Logan Act's viability in...(Read Full Post)
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