posted on Feb, 16 2017 @ 10:22 PM
originally posted by: liveandlearn
a reply to: peter vlar
I am not disagreeing with you. But you have to know that the women's transgression were far greater than anything they can pin on Flynn.
The severity of the crime of one person should have no bearing whatsoever on the filing of barges and prosecution of another persons completely
unrelated crimes. You're rationalizing that it's not a big deal because Clinton got away with no charges. She also should have her day in court to
address the charges against her. If there is evidence, then bring it before a grand jury and get an indictment. Why is that a bad thing?
He mentioned sanctions. Not against the law.
What he mentioned isn't the issue. It's the fact that he had the conversation in the first place. He very likely violated the Logan Act. It's a
felony and carries a sentence of 3 years.
How did he violate the Logan Act? I'm glad you asked. The Logan Act makes it a crime for a private citizen to communicate with a foreign government
without proper authority in an attempt to influence the actions of the foreign government. President John Adams signed the Logan Act in 1799 in
response to the actions of a state legislator (George Logan) who apparently went behind Adams' back and traveled to France to try and negotiate peace
with that country during the undeclared Quasi War.
Flynn is guilty of violating the Logan Act if he (1) had communication with a foreign government; (2) with the intent to influence that foreign
government, (3) while being a U.S. citizen without the authority to engage in diplomatic discussions on behalf of the United States.
So what do we know? Flynn admits to making the phone calls. He admits he did not brief Pence on the full content of those calls. He is guilty of part
1. Part 2. Is questionable. It's difficult to prove his intent but given the fact that he did not have the authority to communicate with
representatives of any foreign governments during the transition period, it's difficult to come up with a legitimate reason for him to call if he
weren't trying to influence the Russians. And part 3. He was a private citizen at the time. He was not a part of a sitting government. Trump had yet
to take office and he was not working for the Obama administration. He was therefore a private citizen.
It looks like there is at least enough to go to trial for violating the Logan Act. Federal law also prohibits someone from making a false statement
when discussing a matter within the jurisdiction of the federal government if there is an intent to deceive a government agency about an important
matter. Making a false statement is a felony that carries up to five years in prison. Unlike the Logan Act, prosecutions under the false statements
statute occur all the time. By telling Pence that the conversation with the Russian ambassador didn't include the topic of sanctions, he is guilty of
making false statements.
We simply can not arbitrarily charge, or fails to file charges against, people based solely on the convenience or inconvenience of the situation. The
law is supposed to apply to everyone equally. Be ceasing to be diligent and lapsing into complacency in these matters, we have failed ourselves as a
society and the principles this nation were founded upon. It's not rocket science.
Do you even know or acknowledge all the things she did.
I'm well aware of all of the allegations. Hence my desire for her to have her day in court where the government can lay out its case and We the
People can see the evidence for ourselves. That's how our legal system is supposed to work. I fail to see why equal application of the law to everyone
is such a frightening proposition.