#ChiStories Podcast: Eric Posner and the Logan Act
Meet Eric Posner.
He’s the Kirkland & Ellis Distinguished Law Professor at the University of Chicago. He’s the author of numerous books and countless articles focusing on constitutional and international law. He’s also been an outspoken commentator on President Trump’s administration.
On this week’s episode of Chicago Stories, Mayor Emanuel sat down with Eric to look behind the headlines of the Robert Mueller investigation and explore its legal dimensions and possible outcomes.
“It’s one thing if President Trump just announced we disagree with the Obama administration…it’s quite another to try to persuade Russia while President Obama is still in office.”
At the forefront of the discussion was the Logan Act, the 1799 law which forbids private citizens from “freelancing” foreign policy.
Expounding on issues he recently detailed in the New York Times with fellow University of Chicago Law Professor Daniel Hemel, Eric explained that while it’s appropriate for incoming administrations to express policy positions and introduce themselves to foreign officials, it’s illegal for them to negotiate with foreign governments.
This is where the Robert Mueller investigation comes in.
“If Michael Flynn or any other transition team member did try to negotiate a deal with a foreign country before President Trump became president, then he should be prosecuted,” Eric said.
“There is precedent for the notion whether the president can commit the crime of obstruction of justice.”
Mayor Emanuel and Eric also explored whether a president can obstruct justice.
As Eric explained, if somebody gave the president money in order to drop a case, it would be a clear-cut act of bribery. The same principle applies in respect to obstruction of justice, only instead of money the motive for the president would be to protect himself, his aides or his family, contrary to the public interest.
In the end, Eric believes the most likely outcome of the Robert Mueller investigation will be charges against the members of the Trump transition team who violated crimes.
“I think the charges that he brings may or may not implicate Trump,” Eric said, “and if they do implicate Trump then it will be up to Congress to decide what to do about it.”
Listen to the full episode as Eric and Mayor Emanuel discuss:
1:41 — The Logan Act
8:16 — The Direction of the Mueller Investigation
9:24 — Obstruction of Justice and the Presidency
14:50 — Trusting Donald Trump
21:00 — Populism vs. Demagoguery
Read more of Eric’s legal analysis on his website, ericposner.com.
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