United States Chamber of Commerce
It is fair to say that most if not all government agencies in South East and East Asia were not aware of the very existence of the Logan Act . Not that is until this week when it has been used to seek the resignation of President Trump's National Security Adviser General Michael Flynn.
Now, as a result of his resignation ,or sacking ,for breaching that Act, government agencies in South East and East Asia would be aware that the US citizens who have or are acting as go-betweens providing back channels to the US Government may be in breach of their country's own laws. These would include those acting for US corporations whose business dealings often involve discussions about US and local government policy on any number of issues. Influencing or changing the relevant policy is a necessary part of such discussions.
The problem for US citizens who have or are acting as go-betweens in this region is this. First, none are likely to be doing so with "authority" and even if they are, it is not likely that the US Government is going to admit to it; go-betweens are used to sort out issues that are best kept of the record by the US Government.That is what US Chambers of Commerce, for example, are meant to do. That expediency is probably the reason why there have been no prosecutions under the act in its more than 200-year history.
The Justice Department's decision to threaten prosecution of Michael Flynn for breaching the Logan Act may not only have alerted governments in this region to the Act's existence, it also alerts them to an avenue of attack against US citizens that they have dealt with ,or are dealing with for the prosecution of Flynn suggests that the DOJ has now reversed the long standing policy to not enforce the Act. This may or may not be a valid conclusion, but US citizens threatened with exposure are likely to take the threat seriously, and give in to demands.
In this region where where government owned companies dominate the economy, and where media outlets are usually government owned or controlled, "correspondence or intercourse .. with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States", are likely to be the norm rather than the exception. Anyone who has dealt with the US Chambers Of Commerce in this region would understand what all that means.
Now, as a result of his resignation ,or sacking ,for breaching that Act, government agencies in South East and East Asia would be aware that the US citizens who have or are acting as go-betweens providing back channels to the US Government may be in breach of their country's own laws. These would include those acting for US corporations whose business dealings often involve discussions about US and local government policy on any number of issues. Influencing or changing the relevant policy is a necessary part of such discussions.
The Justice Department's decision to threaten prosecution of Michael Flynn for breaching the Logan Act may not only have alerted governments in this region to the Act's existence, it also alerts them to an avenue of attack against US citizens that they have dealt with ,or are dealing with for the prosecution of Flynn suggests that the DOJ has now reversed the long standing policy to not enforce the Act. This may or may not be a valid conclusion, but US citizens threatened with exposure are likely to take the threat seriously, and give in to demands.
In this region where where government owned companies dominate the economy, and where media outlets are usually government owned or controlled, "correspondence or intercourse .. with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States", are likely to be the norm rather than the exception. Anyone who has dealt with the US Chambers Of Commerce in this region would understand what all that means.
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