Former Deputy National Security Adviser K.T. McFarland said former Vice President Joe Biden gave intelligence officials a justification for pursuing a criminal case against then-incoming National Security Adviser Michael Flynn by suggesting an obscure 18th century law.
McFarland, who served in the early months of the Trump administration, told Newsmax TV on Thursday that declassified documents of handwritten notes believed to be written by FBI agent Peter Strzok of a Jan. 5, 2017, White House meeting between Biden, President Barack Obama, then-Deputy Attorney General Sally Yates and then-FBI Director James Comey show it was Biden who suggested going after Flynn.
“This occurred on Jan. 5, when the vice president, Biden, brought up the Logan Act,” she said on “Spicer & Co.” “Nobody knew what the Logan Act was. Only old-timers knew what the Logan Act was. Because nobody talked about the Logan Act for 35 years.”
McFarland said the last time the Logan Act, which prohibits Americans from discussing or negotiating policy with foreign officials, was discussed publicly was between the Johnson administration and the Nixon administration and when the Carter administration transitioned to the Reagan administration.
“Nobody has talked about it since,” said McFarland, author of the book “Revolution: Trump, Washington and "We the People.” “So, who is going to remember the Logan Act? Vice President Biden, because he was on the Senate foreign relations committee. He was the only guy in the room who knew what it was.”
At issue in the 2017 meeting was Flynn’s phone conversations with then-Russian Ambassador Sergey Kislyak in the months before the Trump administration took office. The FBI had been conducting a counterintelligence investigation into a possible conspiracy between officials in the Trump 2016 presidential election campaign and Russian government agents to influence the vote.
The U.S. intelligence agencies became aware of Flynn’s conversations, which, according to Flynn’s attorney Sidney Powell, the notes appear to suggest Comey believed “appear legit.”
The probe later came under the province of special prosecutor Robert Mueller, who found no evidence of a conspiracy. But he charged Flynn with lying to the FBI, to which Flynn agreed to plead guilty.
However, a new legal team hired by Flynn attempted to withdraw the plea, claiming entrapment. The Department of Justice dropped the charges in May, but the District Judge hearing the case, Emmet Sullivan, refused to accept its decision.
The Court of Appeals for the D.C. Circuit on Wednesday ordered Sullivan to accept the motion.
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