'Stop trying to make the Logan Act happen': Why Trump is unlikely to be prosecuted under law

After reports that former President Donald Trump pressured Israeli Prime Minister Benjamin Netanyahu to reject a ceasefire deal, some have called for him to be prosecuted under the Logan Act. But it’s unlikely to actually happen.

On Tuesday afternoon, lawyer and CNN contributor Steve Vladeck posted on X, “Stop trying to make the Logan Act happen. (Because it’s unconstitutionally vague and an unconstitutionally overbroad content-based restriction on speech that’s never been successfully used to prosecute anyone)."

Vladeck is likely correct — particularly since his area of legal expertise is in national security law with an emphasis on war crimes. But let’s look into it.

READ MORE: ‘Close’: Trump Claims World War III Could Erupt if He Does Not Become President Again

What is the Logan Act?

The Logan Act is a law dating back to 1799. It makes it illegal for an unauthorized American citizen to negotiate with foreign governments. It’s a felony, punishable with up to three years in prison.

It was named after Dr. George Logan of Pennsylvania, who in 1798 attempted to negotiate with the French government during the “Quasi-War.” Logan was a Democratic-Republican, but the U.S. government was controlled at the time by the Federalist party. The Federalists said Logan was trying to undermine their government, and passed the act in order to stop it from happening again.

Since then, people have been accused of violating the act, but nothing has ever come from it. Logan himself ended up being appointed and elected to the Senate and even served as a legitimate U.S. ambassador.

How has Trump allegedly violated the Logan Act?

Trump has been accused a few times of violating the Logan Act after the end of his presidency. In July, Trump met with Hungarian Prime Minister Viktor Orbán, according to Newsweek. Orbán said Trump told him that if Trump were re-elected he wouldn’t “give a single penny” to Ukraine. Orbán is an ally of Russian President Vladimir Putin.

More recently, however, Trump allegedly spoke with Netanyahu, according to The New Republic. Reportedly, Trump has asked Netanyahu to not accept the ceasefire deal proposed by the Biden administration until after the election, since a ceasefire could boost the presidential campaign of Vice President Kamala Harris.

Netanyahu’s side denied last week that he discussed the ceasefire deal with Trump.

Why Trump likely won’t be prosecuted

As Vladeck says, no one has ever been successfully prosecuted under the Logan Act. But it goes farther than that. Not only has no one been successfully prosecuted, there’ve only been two people charged with it. And both of those were in the 1800s; once in 1802 and once in 1852.

There are also questions as to whether or not the act is even constitutional. Though it has never been officially ruled on, a 1964 ruling by the U.S. District Court for the Southern District of New York said the act likely ran afoul of the Sixth Amendment, the right to a speedy and fair trial.

“That doubt is engendered by the statute’s use of the vague and indefinite terms, ‘defeat’ and ‘measures’. Neither of these words is an abstraction of common certainty or possesses a definite statutory or judicial definition,” Judge William Bernard Herlands wrote in his decision, though he decided against ruling specifically on the constitutional question.

Given the unlikelihood of a successful prosecution — and the potential for the Logan Act to get thrown out entirely — many prosecutors would find it foolhardy to try to charge Trump under this particular law.