History Of The Law

The Logan Act: What You Need to Know

History of the Law

The Logan Act, 1 Stat 953, enacted on January 30, 1799, is a United States federal law that generally makes it illegal for U.S. citizens to negotiate with foreign governments without authorization from the U.S. government. The act was intended to prevent unauthorized negotiations that could undermine U.S. foreign policy.

Allegations of Violations

Throughout history, allegations of Logan Act violations have been used to attack political figures, though no one has ever been convicted under the act. The most recent notable allegation was against former National Security Advisor Michael Flynn in 2017, who was accused of violating the Logan Act by discussing sanctions with the Russian ambassador before President Trump took office.

Key Provisions

The Logan Act prohibits any U.S. citizen from "directly or indirectly, begin or set on foot, carry on, or participate in, any negotiation or correspondence with the government of any foreign state, or any person acting under the authority of such government, in relation to any disputes or controversies between the United States and such foreign state."

Conclusion

The Logan Act remains a controversial law, with some legal experts arguing that it is unconstitutional and should be repealed. Others maintain that the law is necessary to protect U.S. foreign policy interests. While the act has not been successfully used to prosecute anyone, it continues to be a potential legal weapon that can be wielded against political opponents.