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Thomas Gallatin / September 21, 2020

Biden’s Logan Act Hypocrisy

He recommended the FBI go after Michael Flynn on a law he himself violated.

In 2016, following President Donald Trump’s election but prior to his transition into the White House, outgoing Vice President Joe Biden made a phone call to then-President Petro Poroshenko of Ukraine to let him know he planned to “stay deeply engaged in the endeavor that you have begun and we have begun.” The recently leaked phone call further shows that Biden, after having claimed that the incoming Trump administration “doesn’t know a great deal” about Ukraine, hinted that Trump’s team was under investigation. “The reason I bother to tell you that,” he said, “is I have been somewhat limited on what I am able to tell their team about Ukraine.”

The phone call, which was leaked by a member of the Ukraine parliament, calls into question Biden’s commitment to protect national security over his own political interests. As national security expert and U.S. Army combat veteran Alex Plitsas observes, “If Russian intelligence had actually penetrated the incoming Trump administration, Biden’s comments would have almost certainly tipped them off that something was amiss, placing our national security in grave danger.”

Furthermore, Biden’s statement that he would continue to work with Poroshenko runs afoul of the 1799 Logan Act. Though it’s likely an unconstitutional law and no one has ever been convicted of violating it, the fact that Biden recommended that the FBI go after formal National Security Advisor Michael Flynn for supposedly running afoul of it speaks to his abject hypocrisy.

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