The Logan Act is a 1799 U.S. law prohibiting unauthorized citizens from negotiating with foreign governments to influence disputes with the United States. The statute is at the center of accusations against two prominent Democrats: Senator Chris Van Hollen of Maryland and California Governor Gavin Newsom.
A Historical Overview
The Logan Act, named after Dr. George Logan, who attempted unauthorized diplomacy with France in 1798, was enacted to prevent private citizens from undermining U.S. foreign policy. It prohibits unauthorized individuals from engaging in negotiations with foreign powers in disputes involving the United States, with penalties including fines or up to three years in prison. The Logan Act resurfaced in accusations against Van Hollen and Newsom.
Senator Chris Van Hollen’s El Salvador Trip
The primary reason for the Logan Act’s trending status is Senator Chris Van Hollen’s trip to El Salvador concerning Kilmar Abrego Garcia, an illegal deported to El Salvador. Garcia, detained in El Salvador’s CECOT prison, was linked to the MS-13 gang, though a U.S. District Judge dismissed these claims, citing insufficient evidence, such as Garcia’s association with a Chicago Bulls hat and an unverified informant tip. Ms-13 is tattooed on his knuckles.
Van Hollen met with Salvadoran Vice President Félix Ulloa and later with Garcia. Conservative commentators, including Roger Stone and the American Accountability Foundation, accused Van Hollen of violating the Logan Act by engaging in unauthorized diplomacy. Stone called for his arrest, stating, “Pursuing your own individual foreign policy is a violation of the Logan Act.” A conservative nonprofit filed an ethics complaint, alleging Van Hollen’s actions involved improper foreign interference.
The Trump administration, including White House Communications Director Steven Cheung and border czar Tom Homan, described Garcia as an “MS-13 gang member, human trafficker, and illegal alien.”
Governor Gavin Newsom’s Tariff Discussions
California Governor Gavin Newsom has also faced Logan Act accusations related to statements about engaging with foreign nations to address President Trump’s proposed tariffs.
Many outlets have argued that Newsom’s expressed intent to negotiate with countries like China violates the Constitution’s prohibition on states conducting foreign policy, as well as the Logan Act. No specific actions by Newsom have been confirmed beyond his public comments. Critics assert his statements suggest an intent to bypass federal authority, while others note that governors frequently discuss international economic issues without legal consequences.
The Legal Context
The Logan Act debate reflects broader tensions over immigration, foreign policy, and federal versus state authority. The accusations have been amplified by conservative voices framing the Democrats’ actions as undermining national interests, while others question the law’s relevance or the accusations’ substance. The controversy coincides with ongoing disputes over deportation policies, with Garcia’s case highlighting broader immigration enforcement concerns.
Future Outlook
For Van Hollen, the accusations may prompt Senate ethics reviews, but prosecution under the Logan Act is unlikely due to its historical non-enforcement. Newsom’s case, based on public statements rather than actions, appears less substantive.
The Logan Act’s invocation may subside as public attention shifts, but the underlying issues like immigration policy and federal authority will likely continue to shape discourse.
