Reschenthaler Introduces Bill to Repeal Archaic Logan Act
WASHINGTON, D.C. – Today, Congressman Guy Reschenthaler (PA-14) introduced the Time to Repeal an Archaic Policy (TRAP) Act, legislation to repeal the antiquated Logan Act, a 1799 law recently abused by politically motivated Federal Bureau of Investigation (FBI) officials to set up former National Security Advisor Michael Flynn. House Judiciary Committee Ranking Member Jim Jordan (OH-4), House Intelligence Committee Ranking Member Devin Nunes (CA-22), and Congressmen Greg Steube (FL-17), Kelly Armstrong (ND-AL), and Scott Perry (PA-10) are original cosponsors of the bill.
"The 1799 Logan Act, recently used by former Director Jim Comey's politicized FBI to railroad General Flynn, has become nothing more than a political weapon," said Reschenthaler. "The Logan Act flies in the face of our First Amendment right to free speech, as well as our Fifth Amendment Due Process Clause. I am proud to introduce the TRAP Act to repeal this antiquated, unconstitutional statute so we can prevent future politically motivated abuses like what we saw in General Flynn's case."
The Logan Act (18 U.S. Code §?953) makes it illegal for U.S. citizens to engage in unauthorized foreign diplomacy, including to "influence the measures or conduct of any foreign government" or to "defeat the measures of the United States." In the more than 220 years it's been in existence, only two people have been charged under the Act – one in 1802 and the other in 1852 – and both were acquitted. An FBI lawyer testified before Congress that the Department of Justice (DOJ) viewed the Logan Act as an "untested statute" that would leave the DOJ vulnerable to "substantial litigation risk" if they charged anyone.
Newly unsealed internal FBI notes show that agents used the Logan Act as a pretext to question General Flynn. Although they knew General Flynn would never be charged under the obscure offense, then-Director Comey's "goal" was to "prosecute" General Flynn on a separate offense or "get him fired." Director Comey publicly bragged about ambushing General Flynn at the White House and admitted to Congress he broke protocols by interviewing him.
"The Logan Act is a superfluous law that has clearly shown its only utility is in leveraging political opponents via selective prosecutions," said Reschenthaler. "I hope my colleagues will join me in supporting the TRAP Act so we can take this archaic law off the books once and for all."
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