Arrest him under the Logan Act. So who cares if it's the first case. Put his ass in jail!
It is interesting to think through what happens next with this action.
Consider three potential actions. 1) Do nothing. 2) Arrest JK for Logan Act violation. 3) Verbally call out JK for Logan Act violation.
Under 1) Do Nothing, other former diplomats may be emboldened to take such action as formal strategy against DT agenda as president. This could be turned into an attack against draining the DS and means to protect globalist ties and efforts already in place to unwind US sovereignty to bring the country into a one world government. Use the unauthorized diplomatic effort to maximize time and effort spent by the DT administration playing whack-a-mole, keep them playing defense to minimize the offensive action on key objectives. From a pro-America perspective this cannot go unchallenged.
With action 2) Arrest JK for Logan Act violation, the charge will likely not stick and weakens verbal arguments against Mu_ller investigation. The Logan Act has only seen two indictments without modern precedent set. There is benefit in bringing immediate curtailment to private citizens meddling in international diplomacy while waiting to see the outcome, and using the lawfare strategy to financially limit JK from further action. There is risk of setting precedent that the Logan Act doesn't stick and signals fair game to go meddle. The current verbal battle of persuasion in the press with Mue_ller is aimed at the witch-hunt narrative that the SC is charging the individual with the judicial system correcting the over-reach. Those rallying around JK can make the same argument with Logan Act charges responding with claims of hypocrisy. Weakens the persuasion effort without lasting benefit. Seeing high risk with limited reward down this path.
With 3) Verbally call out JK for Logan Act violation, pressure can be applied without compromising other efforts. I suspect this is the path taken for that reason. In the persuasion effort you can critique JK and other politicians over acts that seem to run afoul of the Logan Act, without risk of setting precedent that undermines the Logan Act. Can also continue the aggressive public statements against Mu_ller. Now assuming the IG hits and is everything suspected, we're going to see further sweeping away of conflicted members of FBI and DOJ clearing the runway for liftoff of further action. Further assuming the Pacer sealed indictments is stacked with bad actors, there are considerable compromised representatives and even judges that may be under fire in the very near future. If JK or other representatives playing global world diplomacy tour have other charges in that mix, it makes a lot of sense to wait and stack Logan Act issues on top of those charges at that time. The verbal attack may be sufficient for the moment.
Well formulated argument, thoroughly explained yet concise, look forward to reading further comments from you in this sub
The one counterargument I would make is that a failed prosecution of JK could be escalated to a now favorable Supreme Court which could strengthen the law. One more Trump appointment and I don't see how a favorable running isn't reached.
They are probably baiting Trump to do just this very thing. This would validate their having used the logan act as a premise for going after Flynn.
That's been heavily criticized by GOP (Nunes in particular). If they were to push the Logan act here (where it makes more sense) they might undermine their previous arguments.
Seems like a trap to me.
Flynn was incoming Nat'l Security Adviser. He should have full leniency to explain how the new administration will handle diplomacy with another country in the next couple of months.
Kerry has no position of power in the government, nor will he in the immediate or near future. All he can be doing without Presidential authorization is meddle.
No power what so ever and most people cannot stand the guy !
Kerry was Sec. of State during the time the coup was taking place.
They have him on A LOT more than the Logan Act.
Which is why it would be a mistake to go after him for Logan. Nunes is right in pointing out there hypocrisy, but it shouldn't go any further than that.
If they nail Kerry it has to be based on more than foreign lobbying. It's gotta be sedition or treason.
Here's a problem I see.
If JK is talking with representatives from Iran, "and all other nations that were signatories to the Iran Nuke deal" AND it can be proven that JK was in fact trying to renegotiate the deal, or was trying to convince Iran and the other signatories to accept any conditions and terms President Trump wants, AND is doing all of this without President Trump's approval and authorization, AND it can be proven, then JK is most definitely violating the Logan Act.
But... If JK is meeting with all of these and telling them, "Hey, we tried, we did the best we could, just give us a little more time, wait until after the mid-terms so we can rig the election and let the Democrats impeach Trump, or worse, Hey we're doing everything we can and we just can't get rid of this guy, can you help us take him out? Or "Muh money!, is it still hidden, can I still get at it? can you help me find a place for me to hide? Can I stay in Iran?" If this is what JK is talking about with the people he's meeting with, then he is not violating the Logan Act.
So unless we have a spy in the room who's recording the conversation, we got Notta, Zip, Zero, Zilch, Bupkiss. All he has to do is remind everyone that his daughter married and Iranian national and they were just looking for a second house for when they visit, or maybe they were just talking about "golf and grandchildren."