Is the Biden Transition Team Already Violating the Logan Act?

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Posted: Nov 10, 2020 1:45 PM
Is the Biden Transition Team Already Violating the Logan Act?

Source: (AP Photo/Andrew Harnik)

According to former Obama Deputy National Security Advisor Ben Rhodes, former Vice President Joe Biden is already discussing policy issues and positions with foreign leaders, despite a lack of election certification in the United States. 

"He’s going to start announcing cabinet secretaries. The center of political gravity in this country and the world is shifting to Joe Biden. Foreign leaders are already having phone calls with Joe Biden, talking about the agenda they’re going to pursue January 20th," Rhodes said during an interview with MSNBC.

But is this a violation the Logan Act? According to the Obama administration standard, the answer is yes. After all, it was Biden who suggested using the Logan Act against incoming White House National Security Advisor Michael Flynn after he had a phone call with Russian Ambassador Sergey Kislyak during the Obama/Trump transition in 2016. 

During a meeting in the Oval Office on January 5, 2017, former Vice President Joe Biden suggested the Logan Act be used against incoming White House National Security Advisor General Michael Flynn. Two weeks later, then FBI Director James Comey sent FBI agents to the White House to entrap Flynn by either "getting him fired" or "to lie."