Several legal analysts and political commentators have suggested that Senator Chris Van Hollen (D-MD) may have violated a 1799 law banning unauthorized diplomatic activity during his recent trip to El Salvador, where he met with a suspected MS-13 gang member who had been deported after illegally entering the United States.
The Logan Act — named after former Pennsylvania Senator George Logan — allows criminal penalties for any Americans corresponding with foreign officials “with intent to influence the[ir] measures … in relation to any disputes or controversies with the United States, or to defeat the measures of the United States.” The law has been in place since 1799, originating after George Logan met with French diplomat Charles de Talleyrand in defiance of President John Adams’ foreign policy. Working alongside Thomas Jefferson, Logan sought to ease tensions and end U.S. hostilities with France during the conflict known as the Quasi-War.
Several legal analysts and political commentators have argued that Senator Van Hollen’s meeting this week may have violated the Logan Act. During his Friday broadcast, WMAL host Vince Coglianese read the text of the law on air and outlined how Van Hollen’s actions appeared to meet the criteria for a potential violation.
“The Logan Act says any citizen of the United States, wherever he may be, who without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with the intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title, or imprisoned not more than three years or both,” Coglianese told his listeners.
The conservative radio host then pointed out that the same statute was invoked in the prosecution of former Trump National Security Advisor Michael Flynn, who faced accusations of failing to disclose contacts with Turkish officials. “General Flynn, the incoming National Security Advisor to the President of the United States, was merely having conversations with foreign diplomats, foreign dignitaries, as the incoming national security advisor.”
“The American people had spoken, they chose President Trump. President Trump chose the people who worked for him, including General Mike Flynn at the time as his national security advisor. So in other words, Mike Flynn wasn’t violating any law. Flynn was working on behalf of the people who just voted for Trump,” Coglianese continued. “And yet here you have Chris Van Hollen kind of seems open and shut. He’s violating the law. Absolutely, yes.”
The American Accountability Foundation (AAF) sent a letter to Senate Ethics Committee Chairman James Lankford (R-OK) requesting an investigation of potential ethics violations relating to Van Hollen’s trip, according to a report from the New York Post. “Mr. Abrego-Garcia is essentially an enemy combatant in the ongoing invasion of the United States by transnational gangs,” AAF President Thomas Jones wrote to the heads of the Senate Ethics Committee and Majority Leader John Thune (R-SD). “Despite the overwhelming evidence, Senator Van Hollen decided that he would use Senate funds to fly to El Salvador and advocate for an enemy of the United States.”
Jones added: “Van Hollen was in El Salvador meeting with leaders of the Salvadorian government to attempt to secure Mr. Garcia’s release. It is hard to imagine a more hostile intrusion into U.S. foreign policy than attempting to smuggle a foreign enemy combatant into the United States.” The Trump administration has presented courtroom evidence proving that Abrego Garcia is a member of the MS-13 gang. President Trump has declared MS-13 a terrorist organization and its members transnational combatants.
