Sen. Chris Van Hollen's unexpected visit to El Salvador, aiming to secure the release of deportee Kilmar Abrego Garcia, has sparked a storm of controversy.
The lawmaker's diplomatic endeavor has drawn criticism from conservatives who allege that Van Hollen may have breached the Logan Act, a two-century-old law targeting unauthorized negotiations with foreign governments, as Fox News reports.
Van Hollen, a Democrat senator from Maryland, organized a mission to Central America with the objective of advocating on behalf of Abrego Garcia, a deportee facing challenges abroad. The politician's actions have ignited debate surrounding the Logan Act, legislation established in 1799 that prohibits unauthorized American citizens from engaging in diplomatic negotiations with foreign governments. Named after Sen. George Logan, who facilitated peace with France during the Quasi War, the statute is known for being elusive and rarely enforced yet often cited in high-profile political scenarios.
Prominent conservatives have swiftly drawn attention to Van Hollen's actions. Republican consultant Roger Stone questioned why the senator had not been arrested, likening the situation to past contentious claims of Logan Act violations. Similarly, Vince Coglianese, a conservative talk radio host, scrutinized the situation by comparing it to the case of Michael Flynn, former National Security Adviser, who faced claims under the same law for early meetings with Russia's ambassador.
The Logan Act, named for Sen. George Logan's efforts in negotiating with French officials during the late 18th century, has been part of American law since its inception. This rare statute highlights penalties for unauthorized diplomatic undertakings by U.S. citizens. However, it rarely results in prosecution and frequently returns to the political spotlight during contentious debates.
In the past, the Logan Act reappeared during the Flynn investigation, where former President Joe Biden reportedly suggested using it against Flynn. FBI Director Jim Comey remarked the contact appeared legitimate, but the backdrop of the law added complexity. The law was also brought up regarding former President Trump, following allegations of frequent communication with Russian President Vladimir Putin during presidential transitions.
Controversy surrounding the El Salvador trip extends beyond traditional media narratives. The American Accountability Foundation (AAF) has reached out to James Lankford, Senate Ethics Committee Chairman, pursuing an examination of Van Hollen's activities. Thomas Jones from AAF characterized Abrego Garcia as affiliated with criminal organizations, adding further layers to the examination of the trip.
While responses to Van Hollen's excursion are varied, some view it as political overreach. Fox News contributor Byron York has characterized the Logan Act as a "dead letter," acknowledging its occasional rhetorical utility even when legal outcomes remain unlikely. Despite the lack of successful prosecutions since its inception, the Logan Act’s presence endures in political discourse.
The focus has occasionally turned to Democrats themselves. Allegations of Logan Act transgressions surfaced against John Kerry and Chris Murphy for their discussions with Iranian officials. However, Murphy defended these interactions, emphasizing his Senate role in foreign affairs. The invocation of the Logan Act has historically served as a convenient political argument without substantial legal consequence.
In the 1980s, even President Ronald Reagan mentioned the Logan Act in the context of Rev. Jesse Jackson's endeavors in Cuba and Nicaragua. Despite these instances, practical ramifications of the law remain limited, rendering actual enforcement a rarity.
The Logan Act, despite its infrequent application, maintains a particular place within political strategy. The Lincoln Project and Vice President Kamala Harris previously used it to critique Donald Trump's interactions amid claims of communication with foreign leaders during interim periods.
In the case of Van Hollen’s recent trip, it's uncertain whether it will result in tangible legal action. The Department of Justice and other entities have yet to express definitive intent regarding potential proceedings amid the ongoing political discourse. Efforts to repeal the Logan Act have surfaced intermittently, such as Rep. Guy Reschenthaler's failed attempt following the Flynn controversy. The enduring debate over the statute's relevance reflects broader tensions in American politics regarding diplomatic ethics and political accountability.
The conversation over Van Hollen's El Salvador mission persists within media and governmental circles. Continual scrutiny of the Logan Act ensures it remains an evocative point despite its legal dormancy. Observers are left questioning if this latest incident will fuel further discussion or result in historical legal precedent.
