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‘Stop Trying To Make the Logan Act Happen’: Why Trump Is Unlikely To Be Prosecuted Under Law

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After reports that former President Donald Trump pressured Israeli Prime Minister Benjamin Netanyahu to reject a ceasefire deal, some have called for him to be prosecuted under the Logan Act. But it’s unlikely to actually happen.

On Tuesday afternoon, lawyer and CNN contributor Steve Vladeck posted on X, “Stop trying to make the Logan Act happen. (Because it’s unconstitutionally vague and an unconstitutionally overbroad content-based restriction on speech that’s never been successfully used to prosecute anyone.)”

Vladeck is likely correct — particularly since his area of legal expertise is in national security law with an emphasis on war crimes. But let’s look into it.

READ MORE: ‘Close’: Trump Claims World War III Could Erupt if He Does Not Become President Again

What is the Logan Act?

The Logan Act is a law dating back to 1799. It makes it illegal for an unauthorized American citizen to negotiate with foreign governments. It’s a felony, punishable with up to three years in prison.

It was named after Dr. George Logan of Pennsylvania, who in 1798 attempted to negotiate with the French government during the “Quasi-War.” Logan was a Democratic-Republican, but the U.S. government was controlled at the time by the Federalist party. The Federalists said Logan was trying to undermine their government, and passed the act in order to stop it from happening again.

Since then, people have been accused of violating the act, but nothing has ever come from it. Logan himself ended up being appointed and elected to the Senate and even served as a legitimate U.S. ambassador.

How has Trump allegedly violated the Logan Act?

Trump has been accused a few times of violating the Logan Act after the end of his presidency. In July, Trump met with Hungarian Prime Minister Viktor Orbán, according to Newsweek. Orbán said Trump told him that if Trump were re-elected he wouldn’t “give a single penny” to Ukraine. Orbán is an ally of Russian President Vladimir Putin.

More recently, however, Trump allegedly spoke with Netanyahu, according to The New Republic. Reportedly, Trump has asked Netanyahu to not accept the ceasefire deal proposed by the Biden administration until after the election, since a ceasefire could boost the presidential campaign of Vice President Kamala Harris.

Netanyahu’s side denied last week that he discussed the ceasefire deal with Trump.

Why Trump likely won’t be prosecuted

As Vladeck says, no one has ever been successfully prosecuted under the Logan Act. But it goes farther than that. Not only has no one been successfully prosecuted, there’ve only been two people charged with it. And both of those were in the 1800s; once in 1802 and once in 1852.

There are also questions as to whether or not the act is even constitutional. Though it has never been officially ruled on, a 1964 ruling by the U.S. District Court for the Southern District of New York said the act likely ran afoul of the Sixth Amendment, the right to a speedy and fair trial.

“That doubt is engendered by the statute’s use of the vague and indefinite terms, ‘defeat’ and ‘measures’. Neither of these words is an abstraction of common certainty or possesses a definite statutory or judicial definition,” Judge William Bernard Herlands wrote in his decision, though he decided against ruling specifically on the constitutional question.

Given the unlikelihood of a successful prosecution — and the potential for the Logan Act to get thrown out entirely — many prosecutors would find it foolhardy to try to charge Trump under this particular law.

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BAD PRESIDENT

Trump Vows Not to Invite South Africa to G20 in 2026, Citing Conspiracy Theory

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President Donald Trump vowed not to invite South Africa to the 2026 meeting of the G20 over a debunked conspiracy theory he continues to push.

Writing to his social media platform Truth Social on Wednesday afternoon, Trump announced that the U.S. did not attend this year’s G20 meeting in Johannesburg, and, in turn, wouldn’t let South Africa attend next year’s meeting in Miami.

“The United States did not attend the G20 in South Africa, because the South African Government refuses to acknowledge or address the horrific Human Right Abuses endured by Afrikaners, and other descendants of Dutch, French, and German settlers. To put it more bluntly, they are killing white people, and randomly allowing their farms to be taken from them. Perhaps, worst of all, the soon to be out of business New York Times and the Fake News Media won’t issue a word against this genocide. That’s why all the Liars and Pretenders of the Radical Left Media are going out of business! At the conclusion of the G20, South Africa refused to hand off the G20 Presidency to a Senior Representative from our U.S. Embassy, who attended the Closing Ceremony. Therefore, at my direction, South Africa will NOT be receiving an invitation to the 2026 G20, which will be hosted in the Great City of Miami, Florida next year. South Africa has demonstrated to the World they are not a country worthy of Membership anywhere, and we are going to stop all payments and subsidies to them, effective immediately. Thank you for your attention to this matter!” Trump wrote.

READ MORE: Marjorie Taylor Greene: Christians Helping Resettle Migrants and Refugees Are Controlled by ‘Satan’

Trump’s claims of human rights abuses against Afrikaners has been widely debunked. Trump says that the South African government, in retribution for apartheid-era institutional racism, is punishing the white population of the country. The conspiracy theory alleges that South Africa is engaging in “white genocide” against the Afrikaners, according to NPR.

While Trump is correct that the “fake news media won’t issue a word against this genocide,” it’s because it’s not happening. Even Afrikaners have denied that there is an “existential threat” against them, according to France24.

“We reject the narrative that casts Afrikaners as victims of racial persecution in post-apartheid South Africa. This framing, now being used to support the far-right ‘Great Replacement’ theory in the United States, is not only misleading, but also dangerous. It distorts the realities of South Africa, weaponizes our history, and reduces a complex social context and necessary levelling of playing fields into a simplistic symbol of white decline,” a letter from several prominent Afrikaners reads.

“Let us be clear: South Africa faces serious challenges – crime, inequality, and the enduring legacy of apartheid. But these issues affect South Africans of all races. To cherry-pick white suffering and elevate it above others is dishonest and harmful. It feeds extremist ideologies that perpetuate division and have inspired real-world violence, including mass shootings.”

The letter was signed by 46 Afrikaners in South Africa, including professors, journalists and more. It was sent in response to Trump’s first overture to the conspiracy theory, which was to allow Afrikaners to come to the United States as refugees—all while the number of real refugees the U.S. will accept has been lowered from 125,000 to just 7,500.

Image via Reuters

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BAD PRESIDENT

Trump Backtracks From Chicago ‘Dept. of War’ Comment, Says He ‘Wants to Help’

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After sharing a meme appearing to threaten the city of Chicago with war, President Donald Trump has backtracked, saying he only wants “to help the people of Chicago, not hurt them.”

On Saturday morning, Trump posted to Truth Social an AI-generated meme captioned “Chipocalypse Now.” It depicts Trump sitting in front of the Chicago skyline as black helicopters fly in and fire rages behind him.

“‘I love the smell of deportations in the morning…’ Chicago about to find out why it’s called the Department of WAR,” the meme read.

trump chicago meme

After facing criticism over what many saw as a threat to declare war on an American city, the president tried to soften his original tone.

READ MORE: Judge Rules LA Troop Use Illegal as Trump Rants Chicago Is ‘Murder Capital of the World’

“We’re not going to war. We’re going to clean up our cities,” Trump told reporters on Sunday according to WLS-TV. “We’re going to clear them up so they don’t kill every five people every weekend. That’s not war. That’s common sense.”

Monday morning, he continued to reframe his original post as an offer of help.

“6 people were murdered in Chicago this weekend, 12 others were shot, and in serious condition. This would mean that over the past number of weeks, approximately 50 people were killed, and hundreds were shot, many expected to die. Governor Pritzker just stated that he doesn’t want Federal Government HELP! WHY??? What is wrong with this guy, and the 5% in Polls Mayor. I want to help the people of Chicago, not hurt them. Only the Criminals will be hurt! We can move fast and stop this madness. The City and State have not been able to do the job. People of Illinois should band together and DEMAND PROTECTION. IT IS ONLY GOING TO GET WORSE!!! ACT NOW, BEFORE IT IS TOO LATE!!! Thank you for your attention to this matter,” Trump wrote on Truth Social.

Trump’s reference to Gov. JB Pritzker refusing help likely refers to his response to the original meme.

“The President of the United States is threatening to go to war with an American city. This is not a joke. This is not normal. Donald Trump isn’t a strongman, he’s a scared man. Illinois won’t be intimidated by a wannabe dictator,” Pritzker tweeted Saturday.

It should be noted that though Trump has reframed his threat to Chicago, it hasn’t substantially changed. About 40 minutes before his post, he wrote another one about deploying the National Guard to Washington, DC.

“Washington, D.C. IS A SAFE ZONE IN JUST A MATTER OF WEEKS. Thank you, President Trump. Who’s Next???” Trump wrote.

Trump has repeatedly threatened to deploy federal troops to Democrat-led cities in addition to Washington. This summer he sent troops to Los Angeles to quell anti-ICE protests, an act a federal judge ruled violated the Posse Comitatus Act, which bans the use of military forces for law enforcement on American soil.

Image via Reuters

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BAD PRESIDENT

What Is a Trade Deficit? Trump’s Main Excuse for Tariffs Isn’t an Actual Problem

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Much of President Donald Trump’s rhetoric about his on-again/off-again tariff plan is based around the idea that the U.S. is in a trade deficit with many countries around the world. But a deficit isn’t always a bad thing.

On Monday, the White House released a new statement that the U.S. and China had come to an agreement to lower tariffs. Earlier this year, Trump had proposed a 145% tariff against China, and the country retaliated with a proposed 125% tariff on U.S. goods. The new plan sees the tariffs drastically lowered to 30% on imported Chinese goods and 10% on American goods imported into China. The new deal is temporary, lasting 90 days.

“For too long, unfair trade practices and America’s massive trade deficit with China have fueled the offshoring of American jobs and the decline of our manufacturing sector,” the White House said in a statement.

READ MORE: Walz Mocks Trump Not Knowing ‘How a Tariff Works’ as Companies Ready ‘Massive’ Price Hikes

Earlier this year, Trump characterized the United States’ trade deficit with Canada as subsidizing our neighbors to the north. But a trade deficit is just a gap between the amount of goods and services exported and imported to and from a country. For example, the U.S. imports $412.7 billion of goods from Canada while exporting $349.4 billion. While that might look like a $63.3 trade deficit, that doesn’t take into account money coming in the services sector, so our trade deficit with Canada is actually $35.7 billion.

The U.S. has a trade surplus with some countries, too. Brazil buys a lot of energy resources from the U.S., according to the New York Times, but doesn’t sell nearly as many other goods and services back to the states.

The concept of trade deficits and surpluses is wholly neutral—and in fact, a trade deficit can be a good thing.

“America is getting more cheap goods, and in return it is giving foreigners financial assets: dollars issued by the Federal Reserve, bonds from the US government and American corporations, and stocks in newly created firms,” Tarek Alexander Hassan, a professor of economics at Boston University, wrote. “That is, a trade deficit can only arise if foreigners invest more in the US than Americans invest abroad.”

But, of course, sometimes trade deficits can be problematic for a country. If a country has a very large trade deficit for a long time, that can make it more susceptible to the winds of change, according to Jason Furman, who served on the White House Council of Economic Advisors during President Barack Obama’s second term. But, as Furman told NPR, that doesn’t apply to the United States.

Furman also pointed out that while tariffs can be a useful thing, Trump’s tariffs in particular are not.

“Let’s say you wanted to use trade policy to bring manufacturing jobs back. You wouldn’t do what the president just did, which is to put tariffs on all the bananas, mangoes, avocados and coffee coming into the United States. Those just aren’t things that we’re really ever going to make at enormous scale,” he said. “Moreover, the types of things that they do in Vietnam – you know, making clothing, making shoes – that’s not the jobs that we should be aspiring to have in the United States. We don’t want to give up jobs making airplanes in order to have more jobs making shoes.”

Featured image via Reuters

 

 

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