Michael Flynn, Jared Kushner, And Whether The Logan Act Was Violated The White House says it is confident former national security adviser Michael Flynn said "nothing wrong or inappropriate" to the Russian ambassador. Releasing the transcript would help clear that up.
Then-national security adviser Michael Flynn, senior adviser Jared Kushner and President Trump. Flynn pleaded guilty to lying to the FBI. Now, the focus moves to what he told investigators.
Michael Flynn, President Trump's former national security adviser, pleaded guilty Friday to providing false statements to the FBI. Those are less serious charges than he could have faced, because he is cooperating with special prosecutor Robert Mueller's investigators.
Flynn likely has something to trade, as NPR's Carrie Johnson noted on All Things Considered Friday. Flynn was not acting alone, according to charging documents against him. In fact, there were multiple members of the presidential transition team who spoke with Flynn about his communications with the Russian ambassador.
That included a "very senior member," who "directed Flynn to contact officials from foreign governments, including Russia ..." Several news organizations have identified that individual as Jared Kushner, President Trump's son-in-law.
The Logan Act often comes up in relation to the Russia investigation. Back in February, we noted that Flynn himself could have violated it. But now that Mueller is looking up the food chain, we dug out and refreshed our post explaining what it is, why it matters — and why it is seldom used.
Let's break that down. This is saying that no private person can try to conduct foreign policy without the permission of the U.S. government.
Specifically, that person isn't allowed to talk with a foreign government or its representative and try to influence foreign policy — "directly or indirectly."
It's named for Dr. George Logan, a Democratic-Republican Party lawmaker from Pennsylvania, who traveled to France in 1798 and negotiated the lifting of an embargo and the release of American sailors held captive in French prisons.
He did so without the permission of President John Adams, though he was a friend of then-Vice President Thomas Jefferson's.
It was after the French Revolution, and the United States didn't help France because of a treaty with England. The French were upset and began robbing passing American ships and jailing its sailors.
Official Adams administration envoys tried unsuccessfully to settle the unrest with France — and the country appeared tumbling toward war with France. That's when Logan, a Quaker, embarked on his effort.
He succeeded, but when he got back to the U.S., Adams, Washington and others were furious. Congress then acted to bar actions like Logan's from taking place again.
This is important, because as often as this law is mentioned, no one has ever gone to jail for it, meaning the likelihood of its being used is pretty slim.
Often, the people who get mentioned are people who are in government and seem to defy the sitting president. For example, remember when then-House Speaker John Boehner invited Israeli Prime Minister Benjamin Netanyahu to address Congress?
Obama and Netanyahu had an icy relationship because of Israeli settlement expansion. (Ironic considering what the charging documents say Flynn did in trying to get Russia to vote a certain way on a United Nations resolution dealing with that very issue.)
So some people raised the Logan Act and whether Boehner was in violation. Most said no. Here's why, per the Washington Post:
"That's partly because the law is vague about which branch of government can give permission for someone to conduct foreign affairs, noted Eugene Volokh with The Volokh Conspiracy blog at The Post in 2015.
"It could be the executive branch, it could be Congress. It could even be the president telling just one member of Congress to go do something without telling the others. It seems like [there] are so many loopholes and uncertainties, it's hard for prosecutors to peg down how someone violated this law — and even harder for courts to make that determination.
"But the law is pretty clear that you need to have permission from the government to do something, and it doesn't look like Flynn had permission to talk to Russians about sanctions while the Obama administration was still in power."
An anonymous column ran in a Kentucky newspaper arguing for "A Western America" allied with France. The U.S. attorney for Kentucky was an Adams ally and persuaded a grand jury to indict Francis Flournoy, a farmer, who actually wrote the column.
Later that year, the Louisiana Purchase, which expanded the United States farther west, made it moot.
Various courts have mentioned the Logan Act, according to the Congressional Research Service, but it has mostly been used to try to shame political opponents.
For example, in the 1980s, there was House Speaker Jim Wright's relationship with the Sandinista government in Nicaragua — and Jesse Jackson negotiating in Syria and Cuba for prisoner releases.
"That is the law of the land," a frustrated President Ronald Reagan said in an interview in 1984 of the Logan Act and Jackson's efforts.
He added, "We are not going to take legal action, but I do feel that while in this instance he was successful, there were things that make you pause and think."
During the George W. Bush administration, House Speaker Nancy Pelosi took a trip to Syria and talked about improving U.S.-Syria relations with that government, irritating the White House.
Former President Jimmy Carter also traveled to Syria in 2008 to meet with Hamas about Mideast peace.
As recently as 2015, the act was mentioned again when 47 Republican U.S. senators wrote a letter to Iran downplaying the nuclear deal. Sen. Tom Cotton, who has been rumored to be in line as Trump's next CIA director, penned the letter — and was accused of violating the act.
The potential of a Logan Act violation was raised again when Democratic Rep. Tulsi Gabbard of Hawaii met with Syrian leader Bashar Assad in January of this year, before Trump was sworn in.
"I wanted to see if there was, in some small way, a way that I could express the love and the aloha and the care that the American people have for the people of Syria," she told CNN.
The Obama administration's official position was regime change in Syria. President Trump has said the U.S. should work with Russia to bring peace in Syria. Russia's policy is to leave Assad in place.
We noted in February that if Flynn, in any way, reassured the Russian ambassador in his phone conversations or texts that the incoming Trump administration would loosen or drop the sanctions Obama put in place, that could potentially be a violation.
That could be the same for whoever "directed" Flynn (or whoever directed the person who directed Flynn) if there was reassurance on sanctions.
"Flynn and the PTT official discussed the U.S. Sanctions, including the potential impact of those sanctions on the incoming administration's foreign policy goals. The PTT official and Flynn also discussed that the members of the Presidential Transition Team at Mar-a-lago did not want Russia to escalate the situation."
The charging documents do not make clear what Flynn urged exactly when it came to sanctions — if there was reassurance, for example. But there is a transcript of that call collected by the intelligence community, and presumably Mueller's team has reviewed it.
"There was nothing wrong or inappropriate about those discussions," then-White House press secretary Sean Spicer contended after Flynn was fired in February.
A previous version of this story called Dr. George Logan a Republican lawmaker from Pennsylvania. He was actually a Democratic-Republican.
20 Years After Apartheid, South Africa Asks, 'How Are We Doing?' : Parallels The African National Congress should cruise to victory in Wednesday's election. But a party that once represented the new South Africa faces growing criticism for corruption and complacency.
The Rev. Desmond Tutu, shown during a press conference last month in Cape Town, has been sharply critical of South Africa's political leadership as the country marks 20 years since the end of apartheid. He said he wouldn't vote for the ruling African National Congress in Wednesday's election. Jennifer Bruce/AFP/Getty Images hide caption
The Rev. Desmond Tutu, shown during a press conference last month in Cape Town, has been sharply critical of South Africa's political leadership as the country marks 20 years since the end of apartheid. He said he wouldn't vote for the ruling African National Congress in Wednesday's election.
As the country votes Wednesday, here's what he recently told the Sunday Times newspaper: "I didn't think there would be a disillusionment so soon. I'm glad that (Nelson Mandela) is dead. I'm glad that most of these people are no longer alive to see this," a reference to a host of chronic problems such as corruption and poverty.
Tutu, a Nobel Peace Prize laureate who is often described as the country's moral beacon, also said he won't vote for Mandela's party, the African National Congress, which has ruled for 20 years and is again heavily favored.
His comments are part of South Africa's favorite debate, waged nonstop since the end of apartheid, on whether the country is getting better or worse since the remarkable transition it navigated two decades ago.
The optimists say it remains the most advanced country in Africa, with thriving cities that are integrated into the global economy. Millions of blacks have been educated and risen out of poverty. The country's broad successes offer hope for others on a troubled continent. Tutu himself acknowledges all this.
But many also agree with him when he says the country's leaders have fallen far short of the moral example and high standards set by Mandela, who died in December at age 95.
Government corruption is an endemic problem. Violent crime has not been tamed. The HIV/AIDS rates are among the highest in the world. Squatter communities just keep expanding, and millions of poor blacks have seen little or no improvement in their lives.
A women fills up water buckets in front of an election billboard near Johannesburg on Tuesday. Opposition political parties, like the one featured here, say that corruption is a major problem in the ruling African National Congress. Kim Ludbrook/EPA/Landov hide caption
A women fills up water buckets in front of an election billboard near Johannesburg on Tuesday. Opposition political parties, like the one featured here, say that corruption is a major problem in the ruling African National Congress.
A new book, South Africa @20: For Better Or For Worse, has gathered a wealth of facts and figures for this very debate. But even the numbers are open to conflicting interpretations.
For example, South Africans routinely talk about a stubborn unemployment rate of 25 percent or higher to make the point the country is not creating nearly enough jobs.
Yet some economists argue that this traditional measure of employment only counts formal jobs and vastly underestimates those in the informal economy, from street hawkers to part-time gardeners to guys who watch over parked cars to make sure they don't get stolen.
"People totally excluded from any form of economic activity, including the informal sector, is possibly as low as 11 percent," writes labor economist Loane Sharp.
The more than 40 experts contributing to the book tend to see South Africa's glass as being half-full. As evidence, they note that 85 percent of South African households have access to electricity, 84 percent own a color television and 95 percent of households have at least one cellphone.
Supporters of President Jacob Zuma and the ruling African National Congress stage a rally Saturday near Johannesburg. The party has led South Africa for 20 years and is heavily favored Wednesday but faces increasing criticism. Ben Curtis/AP hide caption
Supporters of President Jacob Zuma and the ruling African National Congress stage a rally Saturday near Johannesburg. The party has led South Africa for 20 years and is heavily favored Wednesday but faces increasing criticism.
Yet many feel the country's mood has been in decline and the ANC has grown complacent after 20 years of virtually unchallenged rule. The optimism that accompanied its early years in power has given way to cynicism.
President Jacob Zuma, 72, who is expected to win another five years in power, has always been a polarizing figure. A recent anti-corruption report criticized him for spending more than $23 million to upgrade his private home, including amenities such as a swimming pool and an amphitheater. He was booed at a memorial service for Mandela last December even though the crowd was dominated by members of his party.
For those struggling to get ahead, a common complaint is that only people with connections to the party or the government are advancing. There's even a name for them: "tenderpreneurs," a reference to businessmen who are skilled at getting government contracts, or tenders.
Polls show the ANC is likely to get around 65 percent of the vote. It has been able to organize huge election rallies, and many of its supporters remain deeply loyal and are willing to overlook flaws in the party that fought apartheid for decades.
But political analysts say the aura of Mandela and the loyalty of older voters won't last forever. For the first time, black South Africans born just after the end of apartheid — known as "born frees" — are eligible to vote and will be passing their own judgment on how the country is doing.
Greg Myre, the international editor of NPR.org, covered South Africa's first all-race election in 1994. You can follow him @gregmyre1.
Above: John Otto and Rae Kennedy almost make it to the top of Independence Monument on June 8, 1911.
When John Otto, an expert trail builder and the first caretaker of Colorado National Monument, boldly scrambled up Independence Monument on July 4, 1911, he launched a unique tradition honored by the park and community today. After reaching the 450-foot high summit of the iconic sandstone tower, Otto hoisted the United States flag to celebrate Independence Day. He was truly a free spirit.
Today, 100 years after his historic achievement, Otto’s legacy remains a vital community event. About 30 Grand Valley area climbers will follow his footsteps up the west face of Independence Monument on the morning of July 4th with the expert guidance of the Mesa County Search and Rescue team.
The climbing route has historic significance. In order to make the first ascent in 1911, Otto hand-drilled holes up the north and west face of the sandstone monolith and pounded iron pipes into the holes, creating an iron ladder for others to follow.
"Inch by inch, foot by foot, daring intrepid John Otto, creeping up the giant sides of Independence Monument, the highest and most noble eminence of rock in all Monument Canyon… It is a perilous piece of work he is doing and he should receive great recognition for his feat when he reaches the summit." As an outspoken conservationist, Otto developed a remarkable vision for the future of this natural landscape. The same year as Otto's first ascent, 1911, Colorado National Monument was established by President William Howard Taft. Otto’s vision is the reason that Colorado National Monument exists today for 21st Century Americans to enjoy.