https://www.wsj.com/articles/repeal-the-logan-act-11588629596?mod=opinion_lead_pos5
Congress passed the Logan Act in 1799, and it’s long past time to repeal it. Only two people have been prosecuted under it, in 1802 and 1852, and both were acquitted. But the law invites political abuse, as we’ve seen recently in the case of Mike Flynn.
The act makes it a crime for citizens to engage in unauthorized “correspondence or intercourse with any foreign government . . . in relation to any disputes or controversies with the United States, or to defeat the measures of the United States.” Since the U.S. has disputes with every other country, its reach stops just short of lunar orbit.
Since the law is hardly ever enforced, why not leave it alone? Because while the law is still on the books, it can always be trotted out and used selectively, even maliciously. That’s exactly what happened to Mr. Flynn when James Comey’s Federal Bureau of Investigation wanted to destroy him and undermine the president.
The Logan Act is a devilish temptation—to bad cops at the FBI, to bad lawyers at the Justice Department, and to bad policy makers in the White House. The law is so broad and vague it can be used to investigate almost any opponent at almost any time. If anybody can be threatened, enforcement is bound to be selective and discriminatory, not uniform and blind as law enforcement should be. These endemic problems mean the Logan Act would probably be found unconstitutional, if it faced such a challenge. It hasn’t, because no one has been convicted under it. So it lurks on the books, a tool for political mischief.