But as I say, Kerry can’t be prosecuted under the Logan Act. Because Mueller’s report showed prima facie evidence of breaches of the Logan Act by former national security adviser Michael Flynn, and potentially also Jared Kushner and Trump himself. As I’ve noted, Flynn’s conduct during the 2016 presidential transition period evidences “successful, unauthorized effort to affect a foreign government’s foreign policy.”
Flynn was not authorized by the Obama administration to carry on that activity, and it was fundamentally counter to President Barack Obama’s foreign policy. So if Flynn wasn’t charged for his actions, Kerry cannot be charged over his.