The charge to which retired Lt. Gen. Michael Flynn has pleaded guilty may tell us a great deal about the Robert Mueller investigation.
The first question is, why did Flynn lie? People who lie to the FBI generally do so because, if they told the truth, they would be admitting to a crime. But the two conversations that Flynn falsely denied having were not criminal. He may have believed they were criminal but, if he did, he was wrong.
Consider his request to Sergey Kislyak, the Russian ambassador to the U.S., to delay or oppose a United Nations Security Council vote on an anti-Israel resolution that the outgoing Obama administration refused to veto. Not only was that request not criminal, it was the right thing to do. President Obama’s unilateral decision to change decades-long American policy by not vetoing a perniciously one-sided anti-Israel resolution was opposed by Congress and by most Americans. It was not good for America, for Israel or for peace. It was done out of Obama’s personal pique against Israeli Prime Minister Benjamin Netanyahu rather than on principle.
Many Americans of both parties, including me, urged the lame-duck Obama not to tie the hands of the president-elect by allowing the passage of a resolution that would make it more difficult to achieve a negotiated peace in the Middle East.
As the president-elect, Donald Trump was constitutionally and politically entitled to try to protect his ability to broker a fair peace between the Israelis and Palestinians by urging all members of the Security Council to vote against or delay the enactment of the resolution. The fact that such efforts to do the right thing did not succeed does not diminish the correctness of the effort. I wish it had succeeded. We would be in a better place today.
Some left-wing pundits, who know better, are trotting out the Logan Act, which, if it were the law, would prohibit private citizens (including presidents-elect) from negotiating with foreign governments. But this anachronistic law hasn’t been used for more than 200 years. Under the principle of desuetude — a legal doctrine that prohibits the selective resurrection of a statute that has not been used for many decades — it is dead-letter. Moreover, the Logan Act is unconstitutional insofar as it prohibits the exercise of free speech.