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(CNN)Michael Flynn is out as President Donald Trump’s national security adviser. But does he have bigger problems than just needing a new job?
That all depends on whether Flynn, who resigned Monday night, broke the law in connection with claims he talked about sanctions with the Russian ambassador before the inauguration, and then misled top officials about what they discussed.
At issue is thelittle-used Logan Act, which forbids private citizens from negotiating with foreign governments.
Some vocal critics have suggested Flynn could be prosecuted for violating the statute. But no one has previously been prosecuted under the law, and no one in the law enforcement community has suggested Flynn would be.
Here’s a look at the law — and whether Flynn should be worried.
What is the Logan Act?
The Logan Act forbids private citizens “without authority of the United States” from negotiating with foreign governments in relation to any “disputes or controversies.”
Congress passed it in 1799 in response to the actions of George Logan, a Pennsylvania doctor who went to France as a private citizen and tried to negotiate with officials there, according to the Congressional Research Service.
The legal bottom line here: Only the President and the President’s authorized emissaries have the power to negotiate with other countries.
What does it have to do with Flynn?
As a member of Trump’s transition team, Flynn spoke by phone on December 29 with Russian Ambassador Sergey Kislyak. The calls happened as President Barack Obama’s administration was issuing sanctions against Russia for its alleged interference in the 2016 US election.
“It gets trotted out every time there’s a political disagreement when someone who is not the president touches on foreign policy,” Vladeck said. “It’s the old chestnut that everyone quotes and no one understands.”
So will Flynn face Logan Act charges?
The Logan Act likely won’t be used here, and it may not even be enforceable at all anymore, Vladeck said.
The law essentially criminalizes speech, he said, and the Supreme Court looks very skeptically at laws that may infringe upon that right.
In addition, the law’s mention of a person acting “without authority of the United States” could be an escape hatch, Vladeck has written.
Flynn wasn’t simply a private citizen; he was an adviser to the President-elect and soon would be given diplomatic powers. Legally speaking, his role may have granted him the “authority” to talk sanctions with Kislyak, Vladeck’s interpretation suggests.
What about other laws?
While the Logan Act likely won’t be an issue, Flynn could face other legal challenges related to the phone calls.
“The real question is whether Flynn made false comments to any investigators,” Vladeck said. “But no, the Logan Act, I think, is full of sound and fury but signifying nothing.”
Could other officials face charges?
It’s too early to say.
A number of Democratic and Republican senators have called for an investigation into President Trump’s connections with Russia and want Flynn to testify as part of that inquiry.
“What did (Trump) know about Flynn’s dealings (with) Russians and when did he know it?” David Axelrod, a CNN senior political commentator and a former senior Obama adviser, asked on Twitter.
Separately, Republican Rep. Devin Nunes, chairman of the House Intelligence Committee, wants an investigation into the leaks surrounding Flynn’s phone call. Trump tweeted that the leaks are the “real story here.”
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